[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-1-2022 by L.L. No. 1-2022; amended 12-28-2022 by L.L. No.
11-2022]
A.
The State of New York has directed that the County of Rockland assume
enforcement of the building and fire safety in the Village of Spring
Valley. This has occurred due to Spring Valley's failure to enforce
those laws and rules, including in a fire that took the life of a
Spring Valley firefighter. This forced the state to step in and direct
the County to take this drastic measure.
(1)
The County wants to specifically and expressly recognize that the
powers of this article that concern the County's jurisdiction
over Uniform and Energy Code enforcement in the Village of Spring
Valley are only in effect for so long as the state mandates that arrangement.
(2)
The County has no wish to modify or supplant the traditional division
of powers in municipal government, and insofar as possible, wishes
to preserve the long established roles of towns and villages under
Municipal Home Rule in the County and as contemplated by the Constitution
of the State of New York.
(3)
This article also contains provisions to release jurisdiction over
Spring Valley's Uniform and Energy Code enforcement responsibilities
when the state discontinues the authority. In the event that the state
again assigns this power to the County, lawmakers will be required
to consider this procedure again should a municipality or the state
choose to seek the County's aid in a similar fashion.
B.
This article 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) for the Village of Spring Valley, for which the County has been
designated by the Secretary of State, pursuant to NYS Executive Law
§ 381(4), to provide building and fire inspection services.
This power or jurisdiction in Spring Valley is limited in scope and
time by the orders of the Secretary of State or February 14, 2024,
whichever is sooner. When the Secretary of State relieves the County
of this jurisdiction, as per the authority found in Executive Law
§ 381(4), the provisions of this article automatically expire.
A.
The County of Rockland hereby accepts the applicability of the New
York State Uniform Fire Prevention and Building Code and Multiple
Residence Law with respect to its properties. Compliance with the
standards set forth in that code shall be designed to be prima facie
evidence of compliance with the intent of this article.
B.
This undertaking is made in accordance with the provisions of the
Executive Law of the State of New York and other applicable laws of
the state. The New York State Uniform Fire Prevention and Building
Code as they may be amended from time to time is hereby adopted and
recognized as the official Building Construction Code of the County.
Compliance with the standards set forth in that code shall be designed
to be prima facie evidence of compliance with the intent of this article.
C.
The County hereby adopts the New York State Fire Prevention and Building
Code, which requires the use of the latest National Electrical Code,
including but not limited to the latest edition of the National Electrical
Code, as promulgated by the National Fire Protection Association.
Compliance with the standards set forth in that code shall be designed
to be prima facie evidence of compliance with the intent of this article.
D.
The County hereby assumes full responsibility for enforcing the provisions
of Article 17 of the Labor Law, relating to public safety, and the
rules adopted thereunder by the Industrial Commissioner of the State
of New York.
E.
Commencing on a date set by the NYS Secretary of State, and until further order of the Secretary vacating or modifying that order, the County is the code enforcement agency for the Village of Spring Valley pursuant to NYS Executive Law § 381. The County has the authority to enforce the codes described in § 23-2A through D in the manner specified in this article and any other law or court order on this subject that may apply.
As used in this article, the following terms shall have the
meanings indicated:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
Any permit, including any building permit, construction permit,
demolition permit, or other permit that authorizes the performance
of work under this article. The term "building permit" shall also
include a building permit which is renewed, amended or extended pursuant
to any provision of this article.
A document issued by the County stating that work was done
in compliance with approved construction documents and the Codes.
A document issued by the County certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the County
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
The Director of Buildings and Codes and all inspectors employed
or retained by the Office of Buildings and Codes.
Collectively the NYS Uniform Fire Prevention and Building
Code and the NYS Energy Conservation Construction Code.
The municipal government of the County of Rockland.
The Director appointed pursuant to § 23-4 of this article.
The New York State Energy Conservation Construction Code
adopted pursuant to NYS Energy Law Article 11.
The 2020 Fire Code of New York State as currently incorporated
by reference in effect and 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector appointed or retained by contract pursuant to § 23-4F of this article.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 23-11 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
An order issued by the Director of Buildings and Codes pursuant to § 23-17A of this article.
The person to whom a building permit has been issued.
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 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 23-7 of this article.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 23-8D of this article.
The New York State Uniform Fire Prevention and Building Code,
19 NYCRR Chapter XXXIII, Subchapter A, as adopted pursuant to NYS
Executive Law Article 18.
A.
An agency to be known as the "Office of Buildings and Codes" is hereby
created.
B.
The Director of Buildings and Codes shall be the head of such division.
C.
The Director of Buildings and Codes shall be appointed by the County Executive and shall serve at the pleasure of the County Executive. The appointment of the Director is subject to confirmation by the County Legislature in the manner set forth in the Rockland County Charter § C2.06. The Director shall possess the skills and knowledge necessary to supervise a governmental agency charged with Uniform and Energy Code compliance, and the enforcement of such codes, and such other qualifications as the County Executive may require. The Director is not required to be a certified inspector.
D.
The Director or such other appointing authority with jurisdiction
may, as permitted by NYS Public Officers Law § 9, appoint
an employee within the Office as a deputy. When the position of Director
is vacant, or the Director is unavailable or unable to serve as such
for any reason, the deputy will have and exercise all powers and fulfill
all duties conferred upon the Director of Buildings and Codes by this
article.
E.
The Director shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this article, and such other duties and responsibilities as may be imposed by law, or required by the County Executive for the properties owned by the County within the Village of Spring Valley during the effective dates of this Local Law, subject to any modification permitted in § 23-20B, and in the municipal jurisdictions described in § 23-2B. Among any others, the Director shall have the following powers and duties in these jurisdictions:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, temporary certificates of occupancy
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, temporary certificates of occupancy and operating permits,
and to include in building permits, certificates of occupancy, temporary
certificates of occupancy and operating permits such terms and conditions
as the Director of Buildings and Codes may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, temporary certificates
of occupancy and operating permits, fire safety and property maintenance
inspections, inspections incidental to the investigation of complaints,
and all other inspections required or permitted under any provision
of this article;
(4)
To issue stop work orders;
(5)
To review and investigate complaints regarding the matters within
the scope of this article;
(6)
To issue orders as permitted by this article;
(7)
To maintain records of the Office;
(8)
To set and collect fees for the services rendered by the Office;
(9)
To conduct and pursue administrative enforcement actions and proceedings
in the enforcement of this article;
(10)
In consultation with the County attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code and this article, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code or this article,
or to collect fees or fines levied pursuant to this article;
(11)
Climatic and geographic design criteria.
(a)
The Director shall determine the climatic and geographic design
criteria for buildings and structures constructed within the geographical
jurisdiction of this article (i.e., within the Village of Spring Valley)
as required by the Uniform Code. Such determinations shall be made
in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include but shall not necessarily
be limited to, the following:
[1]
Design criteria to include ground snow load; wind design loads;
seismic category; potential damage from weathering, frost, and termite;
winter design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
[2]
Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the design criteria table found in Chapter 3 of the RCNYS; and
[3]
Flood hazard areas, flood hazard maps, and supporting data.
The flood hazard map shall include, at a minimum, special flood hazard
areas as identified by the Federal Emergency Management Agency in
the Flood Insurance Study for the community, as amended or revised
with:
(12)
To manage all property owned by the County within the Village of
Spring Valley not used for governmental purposes, and make such property
compliant with all building, fire, energy and other applicable laws
and codes, all properties owned by the County of Rockland;
(13)
To promulgate such rules and regulations as may be necessary to implement
this article.
(14)
To exercise all other powers and fulfill all other duties conferred
upon the Director of Buildings and Codes by this article; and
(15)
To the extent permitted by law, to delegate any of the powers or
duties described in this article, or granted to the Director by law
to any person employed in the Office or contracted by the County to
serve the Office. Notwithstanding the foregoing, the Director may
not delegate the power and duty to make final determinations of fact
and law, except where this article or other lawful authority provides
a specific exception.
F.
One or more inspectors may be appointed, or retained by contract,
by the Director to act under the Director's supervision and direction,
to assist the Director in the exercise of the powers and fulfillment
of the duties conferred upon the Director by this article. 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 Department
of State pursuant to the Executive Law and the regulations promulgated
thereunder.
G.
The County may enter into agreements with private persons or public
entities for those persons or entities to supply services for any
operation of the Office of Buildings and Codes other than the Director
of Buildings and Codes or any other position for which it would be
a violation of law.
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.
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;
(2)
Construction of temporary sets and scenery associated with motion
picture, television and theater;
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7)
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
(8)
Repairs, provided that the work does not have an impact on fire and
life safety, such as, impact upon:
C.
Exemption not deemed authorization to perform non-compliant 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 Director of Code Enforcement. 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 Director of Buildings and Codes deems sufficient
to permit a determination by the Director of Buildings and Codes 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 location, nature, extent, and scope of the proposed
work;
(2)
The tax map number and the street address of any affected building
or structure;
(3)
The occupancy and/or use 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 the Energy
Code; and
(5)
At least two sets of construction documents (drawings and/or specifications)
which
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the Codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
Evidence that the documents were prepared by a licensed and
registered architect in accordance with NYS Education Law Article
147 or a licensed and registered professional engineer in accordance
with NYS Education Law Article 145 and practice guidelines thereto,
including but not limited to:
[1]
The design professional's seal which clearly and legibly
shows both the design professional's name and license number
and is signed by the design professional whose name appears on the
seal in such a manner that neither the name nor the number is obscured
in any way;
[2]
The design professional's registration expiration date;
[3]
The design professional's firm name (if not a sole practitioner);
and
[4]
If the documents are submitted by a professional engineering
firm and not a sole practitioner professional engineer, the firm's
certificate of authorization number.
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 § 23-5D(5). Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Director of Buildings and Codes in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Director of Code Enforcement, 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 the 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 Director of Buildings and Codes 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 Director of Buildings and Codes
of any change occurring during the course of the work. The building
permit shall contain such a directive. If the Director of Buildings
and Codes 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 subdivision may be renewed upon application by the permit
holder, payment of the applicable fee, and approval of the application
by the Director of Code Enforcement.
J.
Revocation or suspension of building permits. If the Director of
Buildings and Codes 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 Director of Buildings and Codes
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 § 23-18 of this article must be paid in a form acceptable to the Director, at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Director or by and inspector authorized by the Director. The permit holder shall notify the Director 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)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls.
(10)
Installation, connection, and assembly of factor manufactured buildings
and manufactured homes;
(11)
A final inspection after all work authorized by the building permit
has been completed; and
C.
Remote inspections. At the discretion of the Director or an inspector
authorized to perform construction inspections, a remote inspection
may be performed in lieu of an in-person inspection when, in the opinion
of the Director or such authorized inspector, the remote inspection
can be performed to the same level and quality as an in-person inspection
and the remote inspection shows to the satisfaction of the Director
or by such authorized Inspector that the elements of the construction
process conform with the applicable requirements of the Uniform Code
and Energy Code. Should a remote inspection not afford the Director
or such authorized inspector sufficient information to make a determination,
an in-person inspection must be performed.
D.
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 the manner in which the work fails to comply with
the Uniform Code or Energy Code, including a citation to the specific
code provision or provisions that have not been met. 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 Director is authorized to issue stop work
orders pursuant to this section. The Director shall issue a stop work
order to halt:
(1)
Any work that is determined by the Director 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 any work that is being conducted
in a dangerous or unsafe manner in the opinion of the Director, 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 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.
(3)
Where there is imminent danger to life, safety, or health at a building
site, Code Enforcement Personnel may issue stop work orders without
awaiting a determination from the Director.
C.
Service of stop work orders.
(1)
The Director of Buildings and Codes 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, upon the permit holder,
personally or by certified mail.
(2)
In the event that the Director cannot serve the owner at the address
described on the building permit application, or if no building permit
application was made for the property, the Director may serve the
owner by certified mail at the address listed for the assessed owner
of the property on file with the Tax Assessor for the Town in which
the property is located.
(3)
The Director 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 certified 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.
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 § 23-17 of this article or under any other applicable article 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 and certificates of compliance required.
(1)
A certificate of occupancy or certificate of compliance shall be
required for any work which is the subject of a building permit and
for all structures, buildings, or portions thereof, which are converted
from one use or occupancy classification or subclassification to another.
(2)
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 or certificate of compliance.
B.
Issuance of certificates of occupancy and certificates of compliance.
(1)
The Director shall issue a certificate of occupancy or 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, that 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.
(2)
The Director or an inspector authorized by the Director of Buildings
and Codes shall inspect the building, structure or work prior to the
issuance of a certificate of occupancy or certificate of compliance.
(3)
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
Director, at the expense of the applicant for the certificate of occupancy
or certificate of compliance, shall be provided to the Director prior
to the issuance of the certificate of occupancy or certificate of
compliance:
(a)
A written statement of structural observations and/or a final
report of special inspections;
(b)
Flood hazard certifications;
(c)
A written statement of the results of tests performed to show
compliance with the Energy Code; and
(d)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy 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 or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in 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 Director and the date of issuance.
D.
Temporary certificate of occupancy.
(1)
The Director of Buildings and Codes shall be permitted to issue a
temporary certificate of occupancy 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 Director of Buildings and Codes issue a temporary
certificate of occupancy unless the Director of Buildings and Codes
determines:
(a)
That the building or structure, or the portion thereof covered
by the temporary certificate of occupancy, may be occupied safely;
(b)
That any required fire, and life safety components such as fire
protection equipment and fire, smoke, carbon monoxide, and heat detectors
and alarms are installed and are operational; and
(c)
That all required means of egress from the structure have been
provided.
(2)
The Director of Buildings and Codes may include in a temporary certificate
of occupancy such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the in the building or structure.
(3)
A temporary certificate of occupancy shall be effective for a period
of time, not to exceed six months, which shall be determined by the
Director and specified in the temporary certificate of occupancy.
(4)
Temporary certificates of occupancy may not be renewed.
(5)
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 Director determines
that a certificate of occupancy, certificate of compliance, or a temporary
certificate was issued in error because:
The chief of any fire department providing firefighting services
for a property within this jurisdiction of this article shall promptly
notify the Director of Buildings and Codes of any fire or explosion
involving any structural damage, fuel-burning appliance, chimney or
gas vent.
A.
Identification of dangerous buildings. All buildings or structures
which have one or more of the following defects shall be deemed dangerous
buildings:
(1)
Those whose exterior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(2)
Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
(3)
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(4)
Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of the village.
(5)
Those which have become or are so dilapidated, decayed, unsafe, unsanitary
or which so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation or are likely to cause
sickness or disease, so as to work injury to the health, morals, safety
or general welfare of those living therein.
(6)
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
(7)
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
(8)
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
(9)
Those which because of their condition are unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of the village.
B.
Dangerous buildings declared nuisances. All dangerous buildings within the terms of § 23-10A are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
C.
Standards for repair, vacation or demolition. The following standards
shall be followed in substance by the Director in ordering repair,
vacation or demolition:
(1)
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this section, it shall
be ordered repaired.
(2)
If the dangerous building is in such condition as to make it dangerous
to the health, morals, safety or general welfare of its occupants,
it shall be ordered to be vacated.
(3)
In any case where a dangerous building is 50% damaged or decayed
or deteriorated from its original value or structure, it shall be
demolished, and in all cases where a building cannot be repaired so
that it will no longer exist in violation of the terms of this chapter,
it shall be demolished. In all cases where a dangerous building is
a fire hazard existing or erected in violation of the terms of this
chapter or any provision of this Code or statute of the State of New
York, it shall be demolished.
D.
Powers and duties of the Director with respect to unsafe buildings.
The Director shall have the authority to:
(1)
Inspect or cause to be inspected semiannually all public buildings,
halls, theaters, hotels, houses of worship, multiple dwellings or
commercial, manufacturing or loft buildings for the purpose of determining
whether any conditions exist which render such places a dangerous
building within the terms of this section.
(2)
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this chapter.
(3)
Inspect any building, wall or structure reported, as hereinafter
provided for, by a fire department as probably existing in violation
of the terms of this section.
(4)
Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the land records of the Rockland County Clerk, by delivery of a "notice of unsafe structure" of any buildings found by him to be a dangerous building within the standards set forth in § 23-10A of this chapter that:
(a)
The owner must vacate or repair or demolish said building in
accordance with the terms of the notice and this section.
(b)
The occupant or lessee must vacate said building or may have
it repaired in accordance with the notice and remain in possession.
(c)
The mortgagee agent or any other person having an interest in
said building, as shown by the land records of the Rockland County
Clerk, may at that person's own risk repair, vacate or demolish
said building or have such work or act done, provided that any person
notified under this subsection to repair, vacate or demolish any building
shall be given such reasonable time, not exceeding 30 days, as may
be necessary to do or have done the work or act required by the notice
provided for herein.
(5)
Set forth in the notice of unsafe structure provided for in Subsection D(4) hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
(6)
Post a notice on all buildings or structures deemed dangerous under
this section, reading as follows:
This building/structure has been found to a dangerous building
by the Rockland County Director of Buildings and Codes. This notice
is to remain on this building until it is repaired, vacated or demolished
in accordance with the notice which has been given the owner, occupant,
lessee, mortgagee or agent of this building and all other persons
having an interest in said building, as shown by the land records
of the Rockland County Clerk. It is unlawful to remove this notice
until such notice is complied with.
E.
Hearing. An owner or lessee will be granted the privilege of a hearing,
upon written request to the Director, within 10 days after service
of violation. This hearing will be conducted pursuant to a procedure
determined by the Director, and the decision upon the conclusion of
the proceeding will be final.
F.
Duties of Director with respect to this section.
(1)
Notice to appear before Director. The Director shall give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said buildings, as shown by the land records of the Rockland County Clerk, to appear before the Director's tribunal on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Director's notice of unsafe structure required by § 23-10D(5).
(2)
Hearing. The Director shall hold a hearing and hear such testimony
as may be offered on behalf of the Office of Buildings and Codes,
or the owner, occupant, mortgagee, lessee or any other person having
an interest in said building, as shown by the land records of the
Rockland County Clerk, shall offer relative to the dangerous building.
(3)
Findings of fact. The Director shall make written findings of fact from the testimony offered pursuant to § 23-10E(2) as to whether or not the building in question is a dangerous building within the terms of § 23-10A of this chapter.
(4)
Order to correct condition. The Director shall issue an order based
upon findings of fact made pursuant to § 23-10E(3) commanding
the owner, occupant, mortgagee, lessee, agent and all other persons
having an interest in said building, as shown by the land records
of the Rockland County Clerk, to repair, vacate or demolish any building
found to be a dangerous building within the terms of this chapter,
and provided that any person so notified, except the owners, shall
have the privilege of either vacating or repairing said dangerous
building; or any person not the owner of said dangerous building,
as shown by the land records of the Rockland County Clerk, may demolish
said dangerous building at his own risk to prevent the acquiring of
a lien against the land upon which said dangerous building stands
by the village, as provided in § 23-10E(5).
(5)
Correction of condition by County; lien created.
(a)
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in § 23-10E(4) within 10 days, the Director shall cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standards provided for in § 23-10C.
(b)
The Director shall further, with the assistance of the County
Attorney, cause the costs of such repair, vacation or demolition to
be charged against the land on which the building existed as a municipal
lien or cause such costs to be added to the tax rolls as an assessment
or to be levied as a special tax against the land upon which the building
stands or did stand, or to be recovered in a suit at law against the
owner.
(c)
Notwithstanding the powers and duties provided in § 23-10E(5)(a)
and (b), in cases where such procedure is, in the sole discretion
of the Director, desirable, and where any delay in the rehabilitation
of the building or structure will not be dangerous to the health,
morals, safety or general welfare of the people of the County, the
Director may notify the County Attorney to take any appropriate legal
action to force the owner to make all necessary repairs or demolish
the building, including but not limited to seeking an injunction to
enforce the order of the Director issued pursuant to § 23-10E(4).
G.
Prosecution of violations and collection of expenses.
(2)
Suits to collect expenses. The Director, upon authorization of the
County Executive, may bring suit with the aid of the County Attorney,
to collect all municipal liens, assessments or costs incurred by the
County in repairing or causing to be vacated or demolished dangerous
buildings.
(3)
Other legal action. The Director, with the aid of the County Attorney,
may take any other legal action as is necessary to carry out the terms
and provisions of this chapter.
H.
Emergency cases. In cases where it reasonably appears that there
is immediate danger to the life or safety of any person unless a dangerous
building, as defined herein, is immediately repaired, vacated or demolished,
the Director shall report such facts to the County Executive. The
County Executive may cause the immediate repair, vacation or demolition
of such dangerous building. The costs of such emergency repair, vacation
or demolition of such dangerous building shall be collected in the
same manner as provided in § 23-10E(5).
I.
Notice to absent owners. In cases, except emergency cases, where
the owner, occupant, lessee or mortgagee is absent from the County,
all notices or orders provided for herein shall be sent by certified
mail to the owner, occupant, lessee or mortgagee and all other persons
having an interest in said building, as shown by the land records
of the Rockland County Clerk, to the last known address of each, and
a copy of such notice shall be posted in a conspicuous place on the
dangerous building to which it relates. Such mailing and posting shall
be deemed adequate service in all legal or administrative proceedings
brought under this section.
J.
Administrative liability. No officer, agent or employee of the village
shall render himself personally liable for any damage that may accrue
to persons or property as a result of any act required or permitted
in the furtherance of the provisions of this chapter.
K.
Penalties for offenses.
(1)
Any owner, agent, occupant or lessee who disregards any notice or
order issued pursuant to the provisions of this chapter or removes
the same shall be punished as follows:
(a)
Any owner, agent, occupant or lessee who shall violate any provision
of this section shall be guilty of a violation punishable by a fine
not to exceed $5,000 and/or imprisonment for a period not exceeding
15 days, or both. The continuance of such offense against the provisions
of this chapter shall constitute, for each and every day or part thereof
the same is continued, a separate and distinct violation hereunder.
(b)
In addition to the penalty of a violation set forth in § 23-10K(1)(a) any owner, agent, occupant or lessee who shall violate any provision of this section shall be liable to a civil penalty, to be determined by a process set by the Director, of not more than $2,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of this County.
A.
Operating permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(1)
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in the applicable maximum allowable quantity tables found in FCNYS, Chapter 50, or as such tables may be amended or updated by the State of New York;
(2)
Buildings, structures, facilities, processes and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;
(c)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit or
crop-ripening, facility or conducting a fruit-ripening process using
ethylene gas;
(d)
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
(f)
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(g)
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire byproducts or operating a tire rebuilding plant;
(h)
Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
(i)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;
(j)
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by NYS Penal Law § 270;
(k)
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)
Section 308, "Open Flames." Removing paint or other substances
from any surface with a torch, or using open flames, fire, and burning
in connection with assembly areas or educational occupancies; and
(m)
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle in accordance with the permitting
requirements established by any County or Village of Spring Valley
local law, that may now be in effect or promulgated or as may be amended
from time to time.
(3)
Energy storage systems, where the system exceeds the values shown
in FCNYS Table 1206.1 or exceeds the permitted aggregate ratings in
RCNYS section R327.5;
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by a resolution adopted
by the Legislature of the County of Rockland; and
(9)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by a resolution
of the Legislature of County of Rockland.
B.
Any person who proposes to undertake any activity or to operate any type of building listed in Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
C.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Director. Such application shall include such information as
the Director deems sufficient to permit a determination by the Director
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Director 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 Director, at the expense of the
applicant.
D.
Inspections. The Director or an inspector authorized by the Director
shall inspect the subject premises prior to the issuance of an operating
permit. Such inspections may be performed either in-person or remotely.
(1)
Remote inspections in lieu of in-person inspections may be performed
when, at the discretion of the Director or an Inspector authorized
by the Director, the remote inspection can be performed to the same
level and quality as an in-person inspection and the remote inspection
shows to the satisfaction of the Director or Inspector authorized
by the Director that the premises conform with the applicable requirements
of the Uniform Code and the code enforcement program.
(2)
Should a remote inspection not afford the County sufficient information
to make a determination, an in-person inspection shall be performed.
After inspection, the premises shall be noted as satisfactory and
the operating permit shall be issued, or the operating permit holder
shall be notified as to the manner in which the premises fail to comply
with either or both of the Uniform Code and the code enforcement program,
including a citation to the specific provision or provisions that
have not been met.
E.
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 Director may require a separate operating permit for each such activity, or the Director may, in his or her discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits. Operating permits remain in effect
until reissued, renewed, or revoked and shall be issued for a specified
period of time consistent with local conditions, but in no event to
exceed:
G.
Revocation or suspension of operating permits. If the Director 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.
H.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 23-18, Fees, must be paid, in a form satisfactory to the Director, at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Director or
an inspector designated by the Director at the following intervals:
(1)
At least once every 12 months for buildings which contain an assembly
area.
(2)
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities; and
(3)
At least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B.
Remote inspections. At the discretion of the Director or inspector
authorized to perform fire safety and property maintenance inspections,
a remote inspection may be performed in lieu of in-person inspections
when, in the opinion of the Director or such authorized inspector,
the remote inspection can be performed to the same level and quality
as an in-person inspection and the remote inspection shows to the
satisfaction of the Director or such authorized inspector that the
premises conform with the applicable provisions of 19 NYCRR Part 1225
and the publications incorporated therein by reference and the applicable
provisions of 19 NYCRR Part 1226 and the publications incorporated
therein by reference. Should a remote inspection not afford the Director
or such authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Director of Buildings and Codes or an inspector designated by the Director of Buildings and Codes at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Director of a written statement alleging that conditions
or activities failing to comply with the Uniform Code or Energy Code
exist; or
(3)
Receipt by the Director of any other information, reasonably believed
by the Director 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;
D.
New York State Office of Fire Prevention and Control ("OFPC") Inspections.
Nothing in this section or in any other provision of this article
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 or any other authorized
entity under NYS Executive Law § 156-e and NYS Education
Law § 807-b or any other authorized entity. Notwithstanding
any other provision of this section to the contrary, the Director
may accept an inspection performed by the OFPC or other authorized
entity pursuant to sections 807-a and 807-b of the Education Law and/or
section 156-e of the Executive Law, in lieu of a fire safety and property
maintenance inspection performed by the Director shall not perform
fire safety and property maintenance by an inspector, provided that:
(1)
The Director is satisfied that the individual performing such inspection
satisfies the requirements set forth in 19 NYCRR section 1203.2(e);
(2)
The Director is satisfied that such inspection covers all elements
required to be covered by a fire safety and property maintenance inspection;
(3)
Such inspections are performed no less frequently than once a year;
(4)
A true and complete copy of the report of each such inspection is
provided to the Director; and
A.
The Director has the authority, in the Director's discretion,
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 article, or any other article or regulation
adopted for administration and enforcement of the Uniform Code or
the Energy Code. The process for responding to a complaint must include
such of the following steps as the Director may deem to be appropriate:
(1)
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
(2)
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 § 23-17;
(3)
If appropriate, issuing a stop work order;
(4)
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.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure;
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component;
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations;
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
The conditions identified as "unsafe" in section 304.1.1,
section 305.1.1, and section 306.1.1 of the PMCNYS; and
A structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible, or any condition described in § 23-10 of this article.
B.
Condition assessments - general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the County, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)
Parking garages constructed on or after August 29, 2018 shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy being issued for the structure.
(2)
Parking garages constructed prior to August 29, 2018 shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984 and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003 and the August
28, 2018, then prior to October 1, 2021.
(3)
Any parking garage constructed prior to the effective date of the
local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall notify the
Director of the need for an initial condition assessment not more
than six months after the effective date of the local law enacting
this provision.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the Director shall have the authority to require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)
If the Director becomes aware of any new or increased deterioration which, in the judgment of the Director, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the Director shall have the authority to require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Director to be appropriate.
F.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Director within 45 days. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer, and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended timeframe for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in his or her professional judgment.
G.
Review condition assessment reports. The Director shall have the authority to take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Director shall, by order to remedy or such other means of enforcement as the Director may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to § 23-14F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Director to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H.
The Director shall have the authority to retain all condition assessment
reports for the life of the parking garage. Upon request by a professional
engineer who has been engaged to perform a condition assessment of
a parking garage, and who provides the Director with a written statement
attesting to the fact that he or she has been so engaged, the Director
shall make the previously prepared condition assessment reports for
such parking garage (or copies of such reports) available to such
professional engineer. The Director shall be permitted to require
the owner or operator of the subject parking garage to pay all costs
and expenses associated with making such previously prepared condition
assessment reports, or copies thereof, available to the professional
engineer.
I.
This section does not limit or impair the right or the obligation
of the Director:
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 23-12; and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Director by means of the Director's or an inspector's
own inspections or observations, by means of a complaint, or by any
other means other than a condition assessment or a report of a condition
assessment.
A.
The Director shall keep permanent official records of all transactions
and activities conducted by the Office of Buildings and Codes and
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, 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;
(8)
All condition assessment reports received;
(9)
All fees charged and collected; and
(10)
All other features and activities specified in or contemplated
by this article.
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 minimumtime period so required by state law and regulation.
A.
The Director shall annually, by March 1, submit to the Legislature of this County a written report and summary of all business conducted by the Director, including a report and summary of all transactions and activities described in § 23-15 and a report and summary of all appeals or litigation pending or concluded.
B.
The Director shall annually submit to the Secretary of State, on
behalf of this County, on a form prescribed by the Secretary of State,
a report of the activities of this County relative to administration
and enforcement of the Uniform Code.
C.
The Director shall, upon request of the New York State Department
of State, provide to the New York State Department of State, true
and complete copies of the records and related materials that this
County is required to maintain; true and complete copies of such portion
of such records and related materials as may be requested by the Department
of State; and/or such excerpts, summaries, tabulations, statistics,
and other information and accounts of its activities in connection
with administration and enforcement of the Uniform Code and/or Energy
Code as may be requested by the Department of State.
A.
Orders to remedy. The Director 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 article.
(1)
An order to remedy shall be in writing; shall be dated and signed
by the Director; shall specify the condition or activity that violates
the Uniform Code, the Energy Code, or this article; shall specify
the provision or provisions of the Uniform Code, the Energy Code,
or this article which is/are violated by the specified condition or
activity; and shall include a statement substantially similar to the
following:
The person or entity served with this order to remedy must completely
remedy each violation described in this order to remedy by [specify
date, which is 30 days after the date of this order to remedy. If
that date falls on a weekend or holiday, specify the next available
working day].
(2)
The order to remedy may include provisions ordering the person or
entity served with such order to remedy:
(a)
To begin to remedy the violations described in the order to
remedy immediately, or within some other specified period of time
which may be less than 15 days; to continue diligently to remedy such
violations until each such violation is fully remedied; and, in any
event, to complete the remedying of all such violations within 30
days of the date of such order to remedy; and/or
(b)
To take such other protective actions (such as vacating the
building or barricading the area where the violations exist) which
are authorized by this article or by any other applicable statute,
regulation, rule, article or ordinance, and which the Director may
deem appropriate, during the period while such violations are being
remedied.
(3)
The Director shall cause the order to remedy, or a copy thereof,
to be served on the owner of the affected property personally or by
registered mail or certified mail within five days after the date
of the order to remedy is issued. In the event that the Director cannot
serve the owner by mail at the address described on the building permit
application, or if no building permit application was made for the
property, the Director may serve the owner by mailing the order by
certified mail and by first-class mail, to the address listed for
the assessed owner of the property on file with the tax assessor for
the town in which the property is located.
(4)
The Director shall be permitted, but not required, to cause the order
to remedy, 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 registered
mail or certified mail within five days after the date of the order
to remedy; provided, however, that failure to serve any person mentioned
in this subsection shall not affect the efficacy of the compliance
order.
B.
Appearance tickets. The Director and each inspector are authorized
to issue appearance tickets for any violation of the Uniform Code
or Energy 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 article, or any term or condition of any building
permit, certificate of occupancy, temporary certificate, stop work
order, operating permit or other notice or order issued by the Director
of Buildings and Codes pursuant to any provision of this article,
shall be liable to a civil penalty, to be determined by a process
set by the Director, of not more than $2,000 for each day or part
thereof during which such violation continues. The civil penalties
provided by this subdivision shall be recoverable in an action instituted
in the name of this County.
D.
Injunctive relief.
(1)
An action or proceeding may be instituted in the name of this County,
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 article, or any term or condition
of any building permit, certificate of occupancy, temporary certificate
of occupancy, stop work order, operating permit, order to remedy,
or other notice or order issued by the Director pursuant to any provision
of this article.
(2)
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 article, or any stop work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this article, an action or proceeding may be commenced
in the name of this County, 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.
(3)
No action or proceeding described in this subdivision shall be commenced
without the appropriate authorization from the County Executive and
the County Attorney.
E.
Remedies not exclusive.
(1)
No remedy or penalty specified in this section shall be the exclusive
remedy or remedy available to address any violation described in this
section.
(2)
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 § 23-7, in any other section of this article, or in any other applicable law.
(3)
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 § 23-7 of this article, in any other section of this article, or in any other applicable law.
(4)
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 NYS Executive Law
§ 382(2), 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 NYS Executive Law
§ 382(2).
F.
With respect to limited liability corporations (LLCs), each member
of the entity shall be jointly and severally liable for the conditions
on the premises. If a member of a property-owning LLC is itself an
LLC, then the members of that member LLC shall be jointly and severally
liable in addition to the property-owning LLC.
G.
Any remedy that may be taken against an owner of property may, in
the discretion of the Director, be taken against a tenant or occupant
of the property, if the violation requiring the remedy was caused
by the acts or omissions of the tenant or occupant for aspect of the
property over which the tenant has control and supervision.
H.
Should a violation arise from the abandonment of property by an owner,
the County may cause the property to be brought into compliance with
this article and the costs of such remedy shall be borne by the property
owner. In the event that the property owner fails to pay in a timely
fashion, the County may levy the cost to the owner on the next tax
bill.
A.
A fee schedule shall be established by a regulation promulgated by
the Director. Such fees shall be designed to cover the projected budget
of the Office for the following fiscal year.
(1)
The fees shall be designed to cover the projected cost to the County
for the current year and all expenses incurred by the program for
set up costs.
(2)
"Set up costs" shall constitute all costs related to the County's
preparation to undertake the duty in any other jurisdiction as required
by a designating order from the NYS Secretary of State pursuant to
NYS Executive Law § 381(4).
(3)
The County is also authorized to take such other steps as may be
required and as permitted by law, to recover such set up costs. Also,
should the County be funded from another party, including the state
government for such setup costs, such funding may be used offset the
amount calculated to be required in fee income.
B.
The Director shall be charged to report each March 1, to the County
Executive and the County Legislature on the fees collected and the
expenses of the Office. That annual report shall also make an analysis
of the fee structure of the program described above and advise the
County government and the public of the fee structure for the coming
year.
C.
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, temporary certificates, operating permits, fire safety
and property maintenance inspections, and other actions of the Director
of Buildings and Codes described in or contemplated by this article.
The County Legislature of this County may, by resolution, authorize
an agreement, in the name of this County, with other governments to
carry out the terms of this article, 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.
Where code inspections, complaints, permits, or other issues arise from the construction or condition of buildings owned by the County within the Village of Spring Valley, all provisions of this article shall apply. Notwithstanding the foregoing, the County shall not be subject to the fines and penalties described by §§ 23-10, 23-11, 23-13, 23-17, or 23-18.
If any section of this article 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 of this
article.
A.
This article shall have no retroactive effect and shall take effect
immediately upon filing in the office of the New York State Secretary
of State in accordance with section 27 of the Municipal Home Rule
Law.
B.
Under no circumstances shall this article have effect, at any time
that the County is not designated to enforce Uniform and Energy Codes
in the Village of Spring Valley pursuant to NYS Executive Law § 381(4),
or extend beyond February 14, 2024, whichever is sooner.
