[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 1-15-2009 by L.L. No.
2-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 71.
Electrical inspections — See Ch. 91.
Explosives — See Ch. 100.
Fire prevention — See Ch. 110.
Plumbing — See Ch. 154.
Telecommunications — See Ch. 185.
[1]
Editor's Note: This local law also repealed former Ch. 68, Building Construction, which consisted of the following: Art. I, Standards, adopted 10-26-1994 (Part II, Ch. 5, Art. I, of the 1964 Code); and Art. II, Administration and Enforcement, adopted 5-13-1954 (Part II, Ch. 5, Art. II, of the 1964 Code), as amended.
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in this Town. This chapter is adopted pursuant to
§ 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, other state law, or other section of
this chapter, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The Building Inspector appointed pursuant to § 68-3 of this chapter.
A permit issued pursuant to § 68-15 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 68-22 of this chapter.
The Building Inspector, all Deputy Building Inspectors, and
all Fire Inspectors.
An order issued by the Building Inspector pursuant to § 68-31B of this chapter.
A deputy building inspector appointed pursuant to § 68-4 of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
A fire inspector appointed pursuant to § 68-4 of this chapter.
A permit issued pursuant to § 68-28 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
An order issued pursuant to § 68-19 of this chapter.
A certificate issued pursuant to § 68-23 of this chapter.
The Town of Poughkeepsie.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The duly designated Zoning Administrator of the Town of Poughkeepsie.
[Added 10-5-2011 by L.L. No. 26-2011]
There is hereby designated in the Town of Poughkeepsie a public
official to be known as the "Building Inspector," who shall be appointed
by the Town Board at a compensation to be fixed by it, who shall administer
and enforce the provisions of the Uniform Code, the Energy Code, this
chapter and all laws, ordinances, rules, regulations and orders applicable
to the location, design, materials, construction, alteration, repair,
equipment, maintenance, use, occupancy, removal and demolition of
buildings and structures and their appurtenances located in the Town
of Poughkeepsie. The Building Inspector shall possess background experience
related to building construction or fire prevention and shall, within
the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York shall require for code enforcement personnel, and the
Building Inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law of the State of New York
and the regulations promulgated thereunder.
One or more Deputy Building Inspectors or Fire Inspectors may
be appointed by resolution of the Town Board to act under the supervision
and direction of the Building Inspector and to assist the Building
Inspector in the exercise of the powers and fulfillment of the duties
conferred upon the Building Inspector by this chapter. Each Deputy
Building Inspector or Fire 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 Deputy Building Inspector
and Fire Inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law of New York State and
the regulations promulgated thereunder. The compensation for the Deputy
Building Inspectors and Fire Inspectors shall be fixed from time to
time by the Town Board.
In the absence of the Building Inspector or in case of his or
her inability to act for any reason, the Supervisor shall have the
power, with the consent of the Town Board, to designate a person to
act on his or her behalf to exercise all of the powers conferred upon
him or her by this chapter, who will be certified by the New York
State Department of State.
The Building Inspector, Deputy Building Inspectors and Fire
Inspectors shall not engage in any activity inconsistent with their
duties; nor shall they, during the term of their employment, be engaged
directly or indirectly in any building business, in the furnishing
of labor, materials or appliances for the construction, alteration
or maintenance of a building or the preparation of plans or specifications
thereof within the Town of Poughkeepsie, excepting only that this
provision shall not prohibit any employee from such activities in
connection with the construction of a building or structure owned
by him or her and not constructed for sale.
A.
Except
as otherwise specifically provided by law, ordinance or regulation
or except as herein otherwise provided, the Building Inspector shall
administer and enforce all the provisions of the Uniform Code, the
Energy Code, and this chapter and all of the provisions of laws, ordinances
and regulations applicable to the construction, alteration, repair,
removal and demolition of buildings and structures and the installation
and use of materials and equipment herein and the location, use, occupancy
and maintenance thereof.
B.
The
Building Inspector shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, temporary certificates and operating
permits, and the plans, specifications and construction documents
submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, temporary certificates and operating permits, and to
include in building permits, certificates of occupancy, temporary
certificates and operating permits such terms and conditions as the
Building Inspector may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, temporary certificates
and operating permits, firesafety and property maintenance inspections,
inspections incidental to the investigation of complaints, and all
other inspections required or permitted under any provision of this
chapter;
(4)
To accept written reports of inspection from his/her deputies, assistants
or other employees of the Town Building Department;
(5)
To issue stop-work orders;
(6)
To review and investigate complaints;
(8)
To maintain records;
(9)
To collect fees as set by the Town Board;
(10)
To pursue administrative enforcement actions and proceedings;
(11)
In consultation with this Town's attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
chapter;
(12)
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances or regulations
covering building construction, to require the performance of tests
in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies;
(13)
Whenever the Building Inspector determines that a violation of this chapter requires immediate action to abate or prevent a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or of the public, to, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to abate, remove or prevent the hazard or danger. Such order may include an order to vacate a building where such hazard or danger exists. Notwithstanding any other provision of the Code of the Town of Poughkeepsie or Chapter 210, Zoning, such order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided in the order. In the event legal service cannot be effectuated, the Building Inspector has the right and the obligation to take emergency measures deemed necessary to correct or abate the violation;
(15)
To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this chapter, by the Code of the Town
of Poughkeepsie and all other laws, ordinances, rules or regulations.
A.
The
Building Inspector shall keep permanent official records of all transactions
and activities conducted by 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 licenses issued pursuant to Chapter 60, Assemblies, Mass Public, for buildings containing one or more areas of public assembly with an occupant load of 100 persons or more;
(5)
All inspections and tests performed;
(6)
All statements and reports issued;
(7)
All complaints received;
(8)
All investigations conducted;
(10)
All fees charged and collected.
B.
All
such records shall be public records open to public inspection during
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.
C.
The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector, Deputy Building Inspectors and Fire Inspectors, including a report and summary of all transactions and activities described in § 68-8A of this chapter and a report and summary of all appeals or litigation pending or concluded.
D.
The Building Inspector shall annually submit to the Secretary of
State, on behalf of this Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town relative to administration
and enforcement of the Uniform Code.
E.
The Building Inspector shall, upon request of the New York State
Department of State, provide to the New York State Department of State,
from the records and related materials this Town is required to maintain,
excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this Town in connection with administration
and enforcement of the Uniform Code.
The Building Inspector may request and shall receive, so far
as may be necessary in the discharge of his or her duties, the assistance
and cooperation of the Police, Fire and Health Departments or officers
and of all other municipal officials exercising any jurisdiction over
the construction, use or occupancy of buildings or the installation
of equipment therein.
A.
No person shall commence the erection, construction, enlargement, alteration, removal, relocation, improvement, demolition, conversion or change in the nature of the occupancy, classification or subclassification of any building or structure, any work regulated by the Uniform Code or Energy Code, or the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit, and the repair or installation of any firesafety system or cause it to be done, without first obtaining a separate building permit therefor from the Building Inspector for each such building or structure, except for the work described in § 68-10B.
B.
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, having a gross floor area of 100 square feet or less and a height of eight feet or less, which complies with the minimum requirements of Chapter 210, Zoning, as it relates to placement and setbacks;
(2)
Installation of swings, tree houses, playhouses and other playground
equipment associated with a one- or two-family dwelling or multiple
single-family dwellings (townhouses);
(3)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(4)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Residential painting, wallpapering, tiling, carpeting, cabinetry
or other similar finish work;
(10)
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
(11)
Repair of any equipment, provided the repair does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(12)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
A.
Application for a building permit required by this article shall
be made in writing to the Building Inspector on forms provided by
him or her. The application shall include such information as the
Building Inspector deems sufficient to permit a determination by the
Building Inspector that the intended work complies with all applicable
requirements of the Uniform Code and the Energy Code. Until such time
as a complete application, including all of the information and documentation
required by this chapter, has been received by the Building Inspector,
the application shall not be considered officially submitted. The
application shall include or be accompanied by the following information
and documentation:
(1)
A description of the land on which the proposed work is to be done,
including the Tax Map number and the street address of the premises
where the work is to be performed;
(2)
A statement of the use or occupancy and occupancy classification
of all parts of the land and of the proposed or affected building(s)
or structure(s);
(3)
The valuation of the proposed work;
(4)
The full name and address of the owner and of the applicant, and
the names and addresses of their responsible officers if any of them
are corporations;
(5)
A description of the proposed work;
(7)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(8)
Such other information as may reasonably be required by the Building
Inspector to establish compliance of the proposed work with the requirements
of this chapter, the Code of the Town of Poughkeepsie, and other applicable
building laws, ordinances and regulations.
B.
Application for a building permit required by this article shall
be signed by the owner or lessee of the property where the work is
to be performed, or the agent of either, or by the architect, engineer
or builder employed in connection with the proposed work. Where the
application is made by a person other than the owner, it shall be
accompanied by an affidavit of the owner or applicant that the proposed
work is authorized by the owner and that the applicant is authorized
to make such application.
C.
Until such time as a complete application, including all of the information
and documentation as required by this chapter, has been received by
the Building Inspector, the application shall not be considered as
officially submitted.
A.
Each application for a building permit required by this article shall
be accompanied by duplicate copies of plans and specifications which:
(1)
Define the scope of the proposed work;
(2)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law of New
York State;
(3)
Include a plot plan, drawn to scale, showing the location and size
of all proposed new construction and all existing structures on the
site, the location of any existing or proposed well or septic, the
location of the intended work, the nature and character of the work
to be performed and the materials to be incorporated, distance from
lot lines, the relationship of structures on adjoining property, widths
and grades of adjoining streets, walks and alleys and, where required
by the Building Inspector, details of structural, mechanical and electrical
work, including computations, stress diagrams and other essential
technical data; and
(4)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code.
B.
Plans and specifications will not be accepted as part of an application
for a building permit unless they satisfy the requirements set forth
in this section.
B.
Any revisions from the original plans and specifications submitted will be subject to additional fees. (See Chapter 105, Fees.)
C.
Fees submitted upon application for a building permit will be refunded
according to the following schedule:
(1)
If a building permit application is received but not reviewed or
issued, the fees minus an administrative fee of $100 will be refunded.
(2)
If a building permit application is received and reviewed, but not
issued, then 95% of the fees paid, minus an administrative fee of
$100, will be refunded.
(3)
If a building permit application is received, reviewed and issued,
but construction not undertaken, 90% of the fees paid, minus an administrative
fee of $100, will be refunded.
(4)
If a building permit application is received, reviewed and issued
and any construction is begun, none of the application fees will be
refunded.
(5)
In the event construction is begun and a building permit is not issued,
all construction shall be removed and the site returned to its original
condition.
D.
Reinspection fees pursuant to the User Fee Schedule will be required
when:
Amendments to the application for a building permit required
by this article or to the plans and specifications accompanying the
application may be filed at any time prior to the completion of the
work, subject to the approval of the Building Inspector.
A.
The Building Inspector shall examine or cause to be examined all
applications for building permits required by this article and the
plans, specifications and documents filed therewith; he or she shall
approve or disapprove the application within a reasonable time.
(1)
Hiring an outside consultant. When a property owner or applicant
for a building permit requests that the Building Inspector obtain
the services of an outside consultant to review the building permit
application and accompanying plans so as to assist the Building Inspector
in a prompt and efficient review of such application and plans and
agrees to reimburse the Town for the actual expense of retaining such
outside consultant, the Building Inspector may, in his/her discretion,
obtain the services of an outside consultant, such as a professional
engineer or architect, to assist and facilitate the Building Inspector
in his/her review of the building permit application and plans so
that the Building Inspector can make a prompt determination as to
whether a building permit shall be issued.
(2)
Violations.
No building permit shall be issued for any intended work where there
is on the subject property an existing violation of any chapter of
the Town Code of the Town of Poughkeepsie or the New York State Building
Code. Further, upon written report or receipt of a notice of violation
or order to cease and desist from the Zoning Administrator or his
or her designee, or the issuance of same by the Building Inspector,
the Building Inspector shall not review or take action regarding an
application for a building permit until such violation has been cured
or ceased and/or the Building Inspector is notified by the Zoning
Administrator or his or her designee of same. However, the Building
Inspector may, upon his or her own determination or upon written recommendation
of the Zoning Administrator, review and act on an application for
a building permit involving property upon which there is a violation
where such application is a plan to cure the violation and bring the
property or use of the property into compliance.
[Added 10-5-2011 by L.L. No. 26-2011]
B.
If the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code, and the Code of the Town of Poughkeepsie
and the required fees have been paid, the Building Inspector shall
issue a building permit to the applicant upon the form prescribed
by the Building Inspector and shall affix his or her signature or
cause his or her signature to be affixed thereto.
C.
Upon approval of the application for a building permit required by
this article, both sets of plans and specifications shall be endorsed
in writing or by stamp with the word "approved." One set of the approved
plans and specifications shall be retained in the files of the Building
Inspector and the other set shall be returned to the applicant, together
with the building permit, and shall be kept at the building site,
open to inspection by the Building Inspector or his or her authorized
representative at all reasonable times. However, the return of a set
of accepted plans and specifications 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.
D.
If the application for a building permit required by this article,
together with plans, specifications and other documents filed therewith,
describes proposed work which does not conform to all of the requirements
of the Uniform Code, the Energy Code, this chapter, the Code of the
Town of Poughkeepsie, and all other applicable building regulations,
the Building Inspector shall disapprove the same and shall return
the plans and specifications to the applicant. Upon the request of
the applicant, the Building Inspector shall cause such refusal, together
with the reasons therefor, to be transmitted to the applicant in writing.
E.
Building permits shall be visibly displayed at the work site and
shall remain visible until the authorized work has been completed.
A building permit issued pursuant to this article shall be effective
to authorize the commencing of work, in accordance with the application,
plans and specifications on which it is based, for a period of six
months after the date of its issuance. For good cause, the Building
Inspector may allow a maximum of two extensions for periods not exceeding
three months each for building permits which become invalid pursuant
to this section.
A.
The issuance of a building permit pursuant to this article shall
constitute authority to the applicant to proceed with the work in
accordance with the approved plans and specifications and in accordance
with the applicable provisions of this chapter and other building
laws, ordinances or regulations. All work shall conform to the approved
application, and the plans and specifications 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 Building Inspector of any change occurring
during the course of the work. The building permit shall contain such
a directive. If the Building Inspector 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.
B.
Building permits will expire two years from the date of issuance.
A building permit which has expired pursuant to this subsection may
not be renewed. A new application must be filed.
The Building Inspector may revoke or suspend a building permit
theretofore issued and approved until such time as the permit holder
demonstrates that:
A.
All work then completed is in compliance with all applicable provisions
of the Uniform Code and the Energy Code; and
B.
All work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code and the Energy Code
in the following instances:
(1)
Where he or she finds that there has been any false statement, misrepresentation,
incorrect, inaccurate or incomplete information as to a material fact
in the application, plan or specifications on which the building permit
was based.
(2)
Where he or she finds that the building permit was issued in error
and should not have been issued in accordance with the Uniform Code,
the Energy Code or other applicable law.
(3)
Where he or she finds that the work performed under the permit is
not being prosecuted in accordance with the provisions of the application,
plans or specifications.
(4)
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order or any other order issued by
the Building Inspector.
A.
The Building Inspector is authorized to issue stop-work orders pursuant
to this section. The Building Inspector shall issue a stop-work order
to halt:
(1)
Any work that is determined by the Building Inspector to be contrary
to any applicable provision of the Uniform Code or Energy Code, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Building Inspector, without regard to whether
such work is or is not work for which a building permit is required,
and without regard to whether a building permit has or has not been
issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
C.
The Building Inspector 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, also on the permit holder, personally
or by certified mail, return receipt requested. The Building Inspector
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, return receipt requested;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
D.
Upon the service 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.
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in § 68-19A, 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 § 68-31, § 68-32, or under any other applicable provision of the Code of the Town of Poughkeepsie, local law, 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.
Where it is necessary to make an inspection to enforce the provisions
of this Code, the Uniform Code or the Energy Code, or where the building
official has reasonable cause to believe that there exists in a structure
or upon a premises a condition which is contrary to or in violation
of this Code, the Uniform Code or the Energy Code which makes the
structure or premises unsafe, dangerous or hazardous, the building
official is authorized to enter the structure or premises at reasonable
times to inspect or to perform the duties imposed by this Code, the
Uniform Code and the Energy Code, provided that if such structure
or premises be occupied that entry be requested. If such structure
or premises be unoccupied, the building official shall first make
a reasonable effort to locate the owner or other person having charge
or control of the structure or premises and request entry. If entry
is refused, the building official shall have recourse to the remedies
provided at law and in equity to secure entry.
A.
A certificate of occupancy 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. 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.
B.
No building hereafter enlarged, extended or altered or upon which
work has been performed which required the issuance of a building
permit shall continue to be occupied or used for more than 30 days
after the completion of the alteration or work unless a certificate
of occupancy shall have been issued by the Building Inspector.
C.
A certificate of occupancy shall be issued specific to type of construction,
permitted uses and type of occupancy.
D.
Before issuing a certificate of occupancy required by this article,
the Building Inspector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
building permit required by this article, and he or she may conduct
such inspections as he or she deems appropriate from time to time
during and upon completion of the work for which a building permit
has been issued.
(1)
Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by a Deputy Building Inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in § 68-21D(2) is ready for inspection.
(2)
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(a)
Work site prior to the issuance of a building permit;
(b)
Footing and foundation;
(c)
Preparation for concrete slab;
(d)
Framing;
(e)
Building systems, including underground and rough-in;
(f)
Fire-resistant construction;
(g)
Fire-resistant penetrations;
(h)
Solid-fuel-burning heating appliances, chimneys, flues or gas
vents;
(i)
Energy Code compliance;
(j)
Any other inspections requested by the Building Inspector, Deputy
Building Inspectors, or Fire Inspectors necessary to determine compliance
with the Uniform Code or Energy Code; and
(k)
A final inspection after all work authorized by the building
permit has been completed.
(3)
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
A.
The Building Inspector shall issue a certificate of occupancy if
the work which was the subject of the building permit was completed
in accordance with all applicable provisions of the Uniform Code,
Energy Code, and any Planning Board approvals, and, if applicable,
the structure, building or portion thereof that was converted from
one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code, Energy
Code and any Planning Board approvals. The Building Inspector or a
Deputy Building Inspector authorized by the Building Inspector shall
inspect the building, structure or work prior to the issuance of a
certificate of occupancy. 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 Building Inspector, at the expense of the applicant
for the certificate of occupancy, shall be provided to the Building
Inspector prior to the issuance of the certificate of occupancy:
B.
The certificate of occupancy shall certify that the work has been
completed and that the proposed use and occupancy is in conformity
with the provisions of the applicable building laws, ordinances and
regulations. The 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 is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Building Inspector issuing the certificate
of occupancy and the date of issuance.
C.
When it is found that a certificate of occupancy has been issued in error, due to false statements, misrepresentations, inconsistencies or material differences between the information submitted on the application form, and actual conditions and/or facts or information revealed subsequent to the issuance of a certificate of occupancy exposes violations of the Code of the Town of Poughkeepsie, the Uniform Code, the Energy Code, zoning ordinances and/or any other law, the Building Inspector shall revoke the certificate of occupancy. The property owner/owners and the lessee or their agents shall be notified in writing, by certified mail, return receipt requested, of the reasons for such revocation. A date for a hearing before the Town Board, if requested, shall be set. The remedy provided for herein is mutually exclusive of any penalties which are set forth in §§ 68-31 and 68-32 of the Code of the Town of Poughkeepsie or any other remedy which would otherwise be available in any court possessing jurisdiction.
D.
Violations.
No certificate of occupancy shall be issued for any work where there
is on the subject property an existing violation of any chapter of
the Town Code of the Town of Poughkeepsie or the New York State Building
Code. Further, upon written report or receipt of a notice of violation
or order to cease and desist from the Zoning Administrator or his
or her designee, or the issuance of same by the Building Inspector,
the Building Inspector shall not review or take action regarding an
application for a certificate of occupancy until such violation has
been cured or ceased and/or the Building Inspector is notified by
the Zoning Administrator or his or her designee of same.
[Added 10-5-2011 by L.L. No. 26-2011]
A.
Issuance; site work compliance; extensions.
(1)
Upon the request of an applicant, the Building Inspector may issue
a temporary certificate of occupancy for a building or structure or
part thereof before the entire work covered by the building permit
shall have been completed.
(2)
The Building Inspector may do so only after reaching the conclusion
that the premises may be occupied safely without endangering life
or the public welfare. In no event shall the Building Inspector issue
a temporary certificate unless the Building Inspector determines:
(a)
That the building or structure, or the portion thereof covered
by the temporary certificate, may be occupied safely without endangering
life or the public welfare;
(b)
That any fire- and smoke-detecting or fire protection equipment
which has been installed is operational; and
(c)
That all required means of egress from the building or structure
have been provided.
(3)
In order to ensure compliance with outstanding items, a temporary
certificate of occupancy shall include an agreement, executed by the
permit holder or its duly authorized representative and the Building
Inspector, which shall contain a list of items to be corrected or
completed. The permit holder and the Building Inspector will confer
in order to determine the appropriate time within which the outstanding
items shall be addressed. The decision with regard to the same shall
be made in any event by the Building Inspector. The temporary certificate
of occupancy shall also contain the manner and conditions under which
occupancy shall be permitted. The original temporary certificate of
occupancy shall be maintained on file in the Town Building Department
and a copy shall be issued to the permit holder. 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, the Energy Code,
and any Planning Board approvals.
(4)
The Building Inspector may include in a temporary certificate such
terms and conditions as he or she deems necessary or appropriate to
ensure safety or to further the purposes and intent of the Uniform
Code.
(5)
In no event shall the temporary certificate of occupancy be effective
for a period of more than 180 days after the issuance of the same.
Within the discretion of the Building Inspector, it may be renewed
for an additional period not to exceed 180 days. The decision to provide
for an extension shall rest within the discretion of the Building
Inspector. The determination of whether compliance has been obtained
with regard to outstanding items as set forth in the agreement shall
rest within the sole province of the Building Inspector.
(6)
Notwithstanding the time limitations in § 68-23A(5), above, if it appears that site work compliance has not been obtained within the time limits provided for therein, the Building Inspector may provide for an additional extension for compliance with Planning Board's approvals for up to an additional 180 days, upon the payment of fees set forth in Chapter 105, Fees. Such extension or extensions require the mutual consent of the Director of Municipal Development. Before granting such extension, the Director of Municipal Development shall confirm that there is sufficient surety remaining, pursuant to § 210-151K of the Code of the Town of Poughkeepsie, to guarantee the satisfactory completion of the site work. If additional security is required, such security shall be provided by the applicant, pursuant to § 210-151K before the extension is issued.
B.
The fee specified in or determined in accordance with the provisions set forth in Chapter 105, Fees, must be paid at the time of submission of an application for a temporary certificate.
C.
Such temporary certificate shall not be construed as in any way altering
the respective rights, duties or obligations of the owner or of the
Town respective to the use or occupancy of the land or building or
any other matter covered by this article, and such temporary certificate
shall not be issued except under such restrictions and provisions
as outlined by the Building Inspector as will adequately assure the
safety, health and welfare of the occupants of the building and of
adjacent buildings and land.
D.
If the Building Inspector determines that a temporary certificate
of occupancy was issued in error because of incorrect, inaccurate
or incomplete information, and if the relevant deficiencies are not
corrected to the satisfaction of the Building Inspector within such
period of time as shall be specified by the Building Inspector, the
Building Inspector shall revoke or suspend such certificate.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform with the requirements
of the Uniform Code or Energy Code, the Building Inspector, Deputy
Building Inspectors or Fire Inspectors may require the same to be
subjected to tests in order to furnish proof of such compliance.
A.
Signs required by the Uniform Code or the Energy Code and the Town
of Poughkeepsie Building Department shall not be removed, altered,
defaced or destroyed except for replacement purposes or when conditions
for which the signs were intended are no longer applicable.
B.
Required signs removed, altered, defaced or destroyed without written
permission from the appropriate authority shall constitute a violation
and may be punishable as provided in this chapter.
The chief of any fire department providing fire-fighting services
for a property within this Town shall promptly notify the Building
Inspector of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter 71, Building, Unsafe, of the Town Code, as now in effect or as hereafter amended from time to time.
A.
Required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR § 1225.1;
(b)
Hazardous processes and activities, including, but not limited
to, commercial and industrial operations which produce combustible
dust as a byproduct, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board.
B.
An application for an operating permit shall be in writing on a form
provided by or otherwise acceptable to the Building Inspector. Such
application shall include such information as the Building Inspector
deems sufficient to permit a determination by the Building Inspector
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Building Inspector 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 Building Inspector, at
the expense of the applicant.
C.
The Building Inspector or a Deputy Building Inspector or Fire Inspector
authorized by the Building Inspector shall inspect the subject premises
prior to the issuance of an operating permit.
D.
In any circumstance in which more than one activity listed in § 68-28A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Operating permits shall be issued for such period of time, not to
exceed one year in the case of any operating permit issued for an
area of public assembly and not to exceed three years in any other
case, as shall be determined by the Building Inspector to be consistent
with local conditions. The effective period of each operating permit
shall be specified in the operating permit. An operating permit may
be reissued or renewed upon application to the Building Inspector,
payment of the applicable fee, and approval of such application by
the Building Inspector.
F.
Revocation or suspension of operating permits. If the Building Inspector
determines that any activity or building for which an operating permit
was issued does not comply with any applicable provision of the Uniform
Code, such operating permit shall be revoked or suspended.
A.
Firesafety and property maintenance inspections of buildings and
structures shall be performed by the Building Inspector or a Deputy
Building Inspector or Fire Inspector designated by the Building Inspector
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
B.
In addition to the inspections required by § 68-29A, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or a Deputy Building Inspector or Fire Inspector designated by the Building Inspector 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 Building Inspector 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 Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
Nothing in this chapter or in any other provision of this chapter
shall supersede, limit or impair the powers, duties and responsibilities
of the New York State Office of Fire Prevention and Control ("OFPC")
and the New York State Fire Administrator under § 156-e
of the Executive Law of New York State or § 807-b of the
Education Law of New York State. Notwithstanding any other provision
of this chapter to the contrary:
(1)
The Building Inspector shall not perform firesafety and property
maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property
maintenance inspections of such building or structure at least once
every 12 months;
(2)
The Building Inspector shall not perform firesafety and property
maintenance inspections of a building or structure occupied as a dormitory
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(3)
The Building Inspector shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in § 68-29A(1) or (2) if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in § 68-29A(3); and
(4)
The Building Inspector shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in § 68-29A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in § 68-29A(3).
The Building Inspector shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Building Inspector may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 68-31 of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, use, occupy or maintain
any building or structure or portion thereof in violation of any provision
of this chapter, of the Uniform Code or of the Energy Code, or to
fail in any manner to comply with a notice, directive or order of
the Building Inspector, or to construct, alter or use and occupy any
building or structure or part thereof in a manner not permitted by
an approved building permit or certificate of occupancy, or to use
any property in violation of this article, of the Uniform Code or
of the Energy Code.
B.
The Building Inspector is authorized to order in writing the remedying
of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy
Code, or this chapter. Upon finding that any such condition or activity
exists, the Building Inspector shall issue a compliance order.
(1)
The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Building Inspector;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter violated by the specified condition or
activity;
(e)
Specify the period of time which the Building Inspector deems
to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)
The Building Inspector shall cause the compliance order, or a copy
thereof, to be served on the owner of the affected property personally
or by certified mail, return receipt requested. The Building Inspector
shall be permitted, but not required, to cause the compliance order,
or a copy thereof, to be served on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work being performed
at the affected property personally or by certified mail, return receipt
requested; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
C.
Any person who shall fail to comply with a written order of the Building
Inspector within the time fixed for compliance therewith and any owner,
builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents or any other person taking part or
assisting in the construction or use of any building who shall violate
any of the applicable provisions of this chapter, the Uniform Code,
the Energy Code, or other applicable building laws, ordinances and
regulations or any lawful order, notice, directive, permit or certificate
of the Building Inspector made thereunder shall be punishable by a
fine not exceeding $1,000 or imprisonment for a period not to exceed
15 days, or both, for each day of violation.
D.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter or regulations
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
day's continued violation shall constitute a separate additional
violation.
E.
Except as provided otherwise by law, such a violation shall not be
a crime and the penalty or punishment imposed therefor shall not be
deemed for any purpose a penal or criminal penalty or punishment and
shall not impose any disability upon or affect or impair the credibility
as a witness or otherwise of any person convicted thereof.
F.
The Building Inspector, each Deputy Building Inspector and each Fire
Inspector is authorized to issue appearance tickets for any violation
of this chapter, the Uniform Code, and the Energy Code.
G.
In addition to those penalties prescribed by state law, any person
who violates any provision of the Uniform Code, the Energy Code or
this chapter, or any term or condition of any building permit, certificate
of occupancy, temporary certificate, stop-work order, operating permit
or other notice or order issued by the Building Inspector pursuant
to any provision of this chapter, 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 this Town.
H.
No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 68-19, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 68-19, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (1) of § 382 of the Executive Law of New York State, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (1) of § 382 of the Executive Law.
A.
An action or proceeding may be instituted in the name of this Town,
in a court of competent jurisdiction, to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce, any provision of
the Uniform Code, the Energy Code, this chapter, or any term or condition
of any building permit, certificate of occupancy, temporary certificate,
stop-work order, operating permit, compliance order, or other notice
or order issued by the Building Inspector pursuant to any provision
of this chapter. In particular, but not by way of limitation, where
the construction or use of a building or structure is in violation
of any provision of the Uniform Code, the Energy Code, this chapter,
or any stop-work order, compliance order or other order issued under
or permit or certificate obtained pursuant to the Uniform Code, the
Energy Code or this chapter, an action or proceeding may be commenced
in the name of this Town, in the Supreme Court or in any other court
having the requisite jurisdiction, to obtain an order directing the
removal of the building or structure or an abatement of the condition
in violation of such provisions. No action or proceeding described
in this subsection shall be commenced without the appropriate authorization
from the Town Board.
B.
In addition to any other remedies set forth herein authorizing the
Town to enforce the provisions of this chapter, establishing penalties,
and setting forth additional remedies, the person charged with the
responsibility to enforce the provisions of this chapter may impose
a civil fine or agree to a civil fine not to exceed $1,000 per day
for each day of the violation. If said civil fine is imposed, then
the alleged violator may appeal to the Town Board.
[Added 6-3-2009 by L.L. No. 22-2009]
The Town Board may, by resolution, authorize the Town Supervisor
to enter into an agreement, in the name of this Town, with other governments
to carry out the terms of this chapter, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.
