[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.
D.
In addition
to any other fines or penalties, any person who commences to construct,
alter, repair, move, equip, and/or work on a premises or project without
first obtaining a required building permit shall, upon the subsequent
issuance of the required building permit, be required to pay double
the normal building permit fee to the Town.
[Added 5-10-2022 by L.L. No. 2-2022]
