[HISTORY: Adopted by the Board of Trustees of the Town of Geddes
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 95.
This chapter shall be known as and may be cited as the "Building Construction
and Fire Prevention Law for the Town of Geddes, New York."
The construction of all new and the alteration of all existing structures
shall be performed in accordance with the New York State Uniform Fire Prevention
and Building Code, as published and as subsequently amended.
No construction shall be started nor any building or structure or the
alteration of any existing building started without first obtaining a building
permit. Nothing in this chapter shall require a permit to perform ordinary
maintenance or to make internal rearrangements which do not involve structural
change or changes in water and drainage lines or installation of new electric
circuits.
A.
No person, firm or corporation shall commence the erection,
construction, enlargement, alteration or improvement or cause the same to
be done without first obtaining a separate building permit from the Code Enforcement
Officer for each such building or structure; except that no building permit
shall be required for the performance of ordinary repairs or rearrangement
which are not structural in nature.
B.
Application for a building permit shall be made to the
Code Enforcement Officer on forms provided by him and shall contain the following
information:
(2)
The name and address of the owner.
(3)
A brief description of the work.
(4)
An approximate evaluation of the work to be performed.
(5)
A statement that the applicant consents to permit the
Code Enforcement Officer, any building inspector and any officer or employee
of the Building Department to enter upon the premises without a search warrant
during reasonable hours.
(6)
Such other information as may reasonably be required
by the Code Enforcement Officer to establish compliance of the proposed work
with the requirements of the applicable building laws, ordinances, rules and
regulations.
C.
The application shall be made by the owner or by the
agent, architect, engineer or builder employed in connection with the proposed
work. Where such application is made by a person other than the owner, it
shall be accompanied by an affidavit of the owner that the proposed work is
authorized by the owner and that the applicant is authorized to make such
application; and the affidavit shall contain a statement that the owner authorizes
the applicant to consent to permit the Code Enforcement Officer, any building
inspector and any officer or employee of the Building Department to enter
upon the premises during reasonable hours.
D.
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot plan, drawn
to scale, showing the location and size of all proposed new construction and
all existing structures on the site; 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 Code Enforcement
Officer, details of structural, mechanical and electrical work, including
computations, stress diagrams and other essential technical data. Plans and
specifications shall bear the signature of the person responsible for the
design and drawings and, where required by §§ 7202 and 7302,
as amended, of Articles 145 and 147 of the Education Law of the State of New
York, the seal of a licensed architect or a licensed professional engineer.
The Code Enforcement Officer may waive the requirements for filing plans and
specifications for minor alterations and issue a building permit so stating.
E.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Code Enforcement
Officer and approval received from the Code Enforcement Officer prior to the
commencement of such change of work.
Building permit fees shall be as set by resolution of the Board of Trustees
from time to time.
A.
The Code Enforcement Officer shall examine or cause to
be examined all applications for permits and the plans, specifications and
documents filed therewith. He shall approve or disapprove the application
within 30 days from the date of submission of the application.
B.
If the permit is refused as in the case of noncompliance
with the existing laws, the Code Enforcement Officer shall return the forms
and specifications together with a formal statement of specific objections.
The applicant may then resubmit the plans after having satisfied the objections.
A resubmitted application shall entail no additional fee.
C.
Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "approved." One set of
such approved plans and specifications shall be retained in the files of the
Building Department and the other set shall be returned to the applicant,
together with the building permit, and shall be kept by the applicant at the
building site open to inspection by the Code Enforcement Officer or his authorized
representative at all reasonable times.
D.
Issuance of a permit or certificate of occupancy shall
not constitute assurance to anyone as to the method or quality of construction
and is made for municipal purposes and information only.
A.
A building permit shall be effective to authorize the
commencing of work for a period of six months after the date of its issuance.
For good cause, the Code Enforcement Officer may allow a maximum of two extensions
for periods not exceeding three months each. All work shall conform to the
approved application, plans and specifications and shall be in accordance
with applicable building laws, ordinances, rules and regulations.
B.
Building permits shall be prominently displayed on the
job site at all times during the progress of the work so as to be readily
seen from adjacent thoroughfares.
The Code Enforcement Officer may revoke a building permit theretofore
issued in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans or specifications
on which the building permit was based;
B.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications; or
C.
Where the person to whom a building permit has been issued
fails or refuses to comply with a stop order issued by the Code Enforcement
Officer.
Wherever the Code Enforcement Officer has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation of
the provisions of the applicable building laws, ordinances, rules or regulations
or not in conformity with the provisions of an application, plans or specifications
on the basis of which a building permit was issued or in an unsafe and dangerous
manner, he shall notify the owner of the property or the owner's agent to
suspend all work, and any such persons shall forthwith stop such work and
suspend all building activities, except as may be necessary to protect life
and property, until the stop order has been rescinded. Such order and notice
shall be in writing, shall state the conditions under which the work may be
resumed and may be served upon a person to whom it is directed either by delivering
it personally to him or by posting the same upon a conspicuous portion of
the building where the work is being performed and sending a copy of the same
to him by certified mail at the address set forth in the application for permission
for the construction of such building.
The Code Enforcement Officer and/or building inspectors, upon showing
of proper credentials and in the discharge of their duties, shall have reasonable
opportunity to inspect the work for which a permit is requested.
A.
No building requiring a building permit for construction
shall be used or occupied in whole or in part until a proper certificate shall
have been issued by the Code Enforcement Officer. A certificate of occupancy
will be issued on newly constructed buildings only, and a certificate of compliance
will be issued for alterations and additions on existing buildings.
B.
No change shall be made in the nature of the occupancy
of an existing building unless a certificate of occupancy authorizing such
change shall have been issued by the Code Enforcement Officer.
C.
The owner or his agent shall make application for a certificate of occupancy. If this work is of such extent as to require the services of a registered architect or professional engineer as set forth under § 90-4D, this application shall be accompanied by an affidavit of the registered architect or professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and as erected complies with the law governing building construction.
Before issuing a certificate of occupancy, the Code Enforcement Officer
shall examine or cause to be examined all buildings, structures and sites
for which an application has been filed for a building permit to construct,
enlarge, alter, repair or change the use or nature of occupancy, and he may
conduct such inspections as he deems appropriate from time to time during
and upon completion of the work for which a building permit has been issued.
There shall be maintained in the Building Department a record of all such
examinations and inspections together with a record of findings of violations
of the law.
A.
When, after final inspection, it is found that the proposed
work has been completed in accordance with the applicable building laws, rules,
ordinances and regulations, and also in accordance with the application, plans
and specifications filed in connection with the issuance of the building permit,
the Code Enforcement Officer shall issue a certificate of occupancy upon the
form provided by him. If it is found that the proposed work has not been properly
completed, the Code Enforcement Officer shall not issue a certificate of occupancy
and shall order the work completed in conformity with the building permit
and in conformity with the applicable building regulations.
B.
A certificate of occupancy shall be issued, where appropriate,
within 30 days after written application therefor is made.
C.
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, rules and
regulations and shall specify the use or uses and the extent thereof to which
the building or structure or its several parts may be put.
D.
Issuance of a permit or certificate of occupancy shall
not constitute assurance to anyone as to the method or quality of construction
and is made for municipal purposes and information only.
Upon request, the Code Enforcement Officer 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, provided that
such portion or portions as have been completed may be occupied safely without
endangering life or the public health or welfare. A temporary certificate
of occupancy shall remain effective for a period not exceeding three months
from its date of issuance. For good cause, the Code Enforcement Officer may
allow a maximum of two extensions for periods not exceeding three months each.
Appropriate action and proceedings may be taken at law or in equity
to prevent unlawful construction or to restrain, correct or abate a violation
or to prevent illegal acts, conduct or business in or about any premises and
these remedies shall be in addition to penalties otherwise prescribed by law.
In accordance with § 382, Subdivision 2, of the Executive
Law of the State of New York:
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building or structure
or portion thereof in violation of any provision of law or ordinance or to
fail in any manner to comply with a notice, directive or order of the Code
Enforcement Officer, or to construct, alter, use or occupy any building or
structure or part thereof in a manner not permitted by an approved building
permit or certificate of occupancy.
B.
Any person who shall fail to comply with a lawful written
order of the Code Enforcement Officer, with reasonable 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 of use of any building who shall knowingly
violate any of the applicable provisions of law or any lawful order, notice
directive, permit or certificate of the Code Enforcement Officer made thereunder
shall be punishable by a fine of not more than $1,000 or imprisonment for
not more than one year, or both. Each day that a violation continues shall
be deemed a separate offense.
C.
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 found guilty of such an offense.
