[HISTORY: Adopted by the Town Board of the Town of Greenburgh 10-26-1994 by L.L. No.
8-1994; amended in its entirety 12-22-2011 by L.L. No.
1-2012. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Electricians — See Ch. 110.
Plumbers — See Ch. 120.
Numbering of buildings — See Ch. 130.
Explosives and blasting — See Ch. 140.
Contractors — See Ch. 150.
Sewers — See Ch. 160.
Elevators and other conveyances — See Ch. 170.
Excavations and soil removal — See Ch. 210.
Green building initiative and energy conservation construction standards — See Ch. 233.
Historic districts and landmarks — See Ch. 235.
Zoning — See Ch. 285.
Alarm systems — See Ch. 300.
Demolition — See Ch. 340.
Gasoline service stations — See Ch. 370.
Water supply — See Ch. 470.
Construction contracts — See Ch. 526.
Planning Board and Zoning Board of Appeals — See Ch. 605.
This Chapter is intended to establish minimum, uniform safeguards
to protect human health, safety and welfare, as well as property,
by establishing reasonable regulations governing building construction
and maintenance and fire safety. Pursuant to Town Law § 130,
the Town Board hereby declares its right to set such standards and
enforce compliance. This Chapter seeks to establish minimum building
regulations and fire safety standards consistent with this goal.
The provisions of this Chapter shall govern the construction,
use and occupancy of all structures and buildings in Unincorporated
Greenburgh.
Pursuant to the provisions of § 373 of the New York
State Executive Law, the New York State Uniform Fire Prevention and
Building Code, National Fire Protection Association (NFPA) standards,
the National Electrical Code promulgated by NFPA and standards set
by the American National Standards Institute (ANSI) are deemed applicable
in Unincorporated Greenburgh.
As used in this chapter, the following terms shall have the
meanings indicated:
American National Standards Institute.
The Building Inspector of the Town of Greenburgh who shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this Chapter as further defined in § 100-5 of this Chapter. The Building Inspector may appoint, with authorization by the Town Board, one or more Code Enforcement Officers to act under her/his supervision and direction to assist her/him in the exercise of the powers and fulfillment of the duties conferred upon the Building Inspector by this Chapter.
A permit issued pursuant to § 100-7 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.
Any single system, or combination of systems, capable of
detecting hazardous levels of carbon monoxide (CO) and emitting an
alarm warning of a potentially dangerous condition. Carbon monoxide
(CO) detectors shall be either single-station or central-station,
approved by a recognized laboratory.
A document issued by the Building Department which attests
to the fact that the construction is in conformance with the plans
submitted for the Building Permit which has been obtained for said
construction. Issuance of a certificate of completion does not attest
to the fact that the building is satisfactory for occupancy and/or
use.
The final document of a Change of Occupancy permit. Issuance
of a certificate of compliance by the Building Department attests
to the fact that the change of occupancy is in code conformance and
that the building is satisfactory for occupancy and/or use.
A certificate issued pursuant to § 100-8 of this Chapter. A certificate of occupancy is the final document of a Building Permit. Issuance of a certificate of occupancy by the Building Department attests to the fact that the construction is in code conformance and is satisfactory for occupancy and/or use.
Any New York State Certified Code Enforcement Officer employed
by the Town of Greenburgh.
The Building Inspector and Code Enforcement Officers.
Any part or portion of a system consisting of components
and circuits arranged to monitor and annunciate the status of a fire
alarm system. Typical devices shall include, but not be limited to,
heat or smoke detectors, horn and/or strobe annunciating devices,
manual pull stations, fire alarm control panels, remote annunciator
panels, sprinkler tamper and flow switches, automatic door releases,
automatic fire dampers, cooking and specialty extinguishing system
activation notification, and duct and plenum detectors with location
indicator.
The Energy Conservation Construction Code of New York State,
as currently in effect and as hereafter amended from time to time.
A plumbing appurtenance that is installed in a sanitary drainage
system to intercept oily and greasy wastes from wastewater discharge.
Such device has the ability to intercept free-floating fats and oils.
Any single system, or combination of systems, capable of
detecting abnormally high temperatures or a substantial rapid rise
in temperature. Heat detectors shall be either single-station or central-station,
approved by a recognized laboratory. Every single-station heat detector
shall be powered by ordinary current or a battery having a usable
life of at least 12 months and be capable of emitting an audible alarm.
Scale created under the home energy rating system established
pursuant to the National Home Energy Rating Technical Guidelines issued
by the National Association of State Energy Officials and dated September
19, 1999.
Any device, including, but not limited to, a box, cabinet
or vault, approved by a recognized laboratory, capable of securely
storing keys controlling building access, fire alarms and fire suppression
equipment, as well as any hazardous-material documentation.
Work being performed on a previously undeveloped lot or,
in the case of demolition and reconstruction, when the demolition
and/or reconstruction consists of 75% of the total square footage
of the existing structure.
National Fire Protection Association.
National Institute of Certification in Engineering Technologies.
An order issued by the Building Inspector or Code Enforcement
Officer.
A permit issued pursuant to § 100-9 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.
Any device, including, but not limited to, a faucet, commode,
shower head or other connection, used to supply, regulate or control
water.
Any single system, or combination of systems, capable of
detecting fire and smoke which automatically actuates an alarm warning
of a dangerous condition. Smoke detectors shall be either single-station
or central-station, approved by a recognized laboratory. Every single-station
smoke detector shall be powered by ordinary current, or by a battery
having a usable life of at least 12 months or by low-powered wireless
smoke devices, approved for both UL 268 and UL 864, and be capable
of emitting an audible alarm. Battery-powered devices shall be permitted
only in preexisting structures where allowed by the Codes of the Town
of Greenburgh and the State of New York.
An integrated system of piping connected to a water supply,
with listed sprinklers that will automatically initiate water discharge
over a fire area. Where required, a sprinkler system may also include
a control valve and a device for actuating an alarm when the system
operates.
A written directive duly issued by the Building Inspector
or his/her representative ordering all work or work of a specific
trade to cease immediately. Stop-work orders shall be issued for:
A certificate of occupancy issued for buildings constructed prior to 1945 after the Building Inspector determines compliance with all applicable provisions of Chapter 285, Zoning.
Unincorporated Greenburgh.
9 NYCRR; The New York State Uniform Fire Prevention and Building
Code, as currently in effect and as hereafter amended from time to
time.
The area of the Town of Greenburgh outside the incorporated
villages.
Extra-heavy cast iron.
A.
The Building Inspector shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this Chapter. 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 and the regulations promulgated thereunder. 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 / Certificates of Compliance, 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 / Certificates of Compliance, Temporary Certificates
and Operating Permits, and to include in Building Permits, Certificates
of Occupancy / Certificates of Compliance, 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 / Certificates of Compliance,
Temporary Certificates 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 Chapter;
(4)
To issue Stop-Work Orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees approved by the Town Board;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town 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,
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this Chapter.
B.
The Building Inspector may appoint, with authorization by the Town
Board, one or more Code Enforcement Officers to act under her/his
supervision and direction and to assist her/him in the exercise of
the powers and fulfillment of the duties conferred upon the Building
Inspector by this Chapter. Each Code Enforcement Officer 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
Code Enforcement Officer shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
A.
There is hereby established a Bureau of Fire Prevention to coordinate
fire safety issues. It shall be the duty of the Bureau to enforce
all laws and ordinances under its jurisdiction, including but not
limited to the provisions of the Uniform Code governing fire safety.
The Bureau shall be composed of the Town Fire Marshal, Building Inspector
and a Chief from each Fire District within the Town or any designated
representative. The Town Fire Marshal shall administer and coordinate
the services of the Bureau.
B.
The Bureau shall meet at times and dates designated by the Town Fire
Marshal. Special meetings may be called by either the Fire Marshal
or any two members of the Bureau. Three members shall constitute a
quorum for the transaction of business, and a majority vote of all
members shall be necessary for official action.
C.
Each Chief may appoint any officer or member of his or her fire company,
who is qualified and has the requisite certification, to serve as
a Fire Inspector of the respective fire district. The Building Inspector
may appoint any member of his staff, who is qualified and has the
requisite certification, to serve as a Fire Inspector for the unincorporated
area of the Town outside an established fire district. Each Fire Inspector
shall hold office at the pleasure of the respective appointing authority.
D.
Any member of the Bureau and any Fire Inspector may, at all reasonable
hours and/or at any time he or she has reason to believe that a fire
hazard may exist, enter any building or structure within his or her
respective jurisdiction, except the interior of a private residence,
for the limited purpose of performing an inspection regarding any
conditions suspected of constituting a threat to the safety of the
building or its occupants. Any member of the Bureau, or any duly appointed
Fire Inspector, may enter a private residence only with the consent
of the owner or its occupants, unless exigent circumstances warrant
immediate entry to protect human health, safety and welfare.
E.
Each Chief shall investigate the cause, origin and circumstance of
every fire occurring within his or her respective jurisdiction in
which a person has been injured or where property in excess of $1,000
has been damaged or destroyed. Such investigation shall begin immediately
upon the occurrence of a fire. If a fire appears to be of suspicious
origin, the Chief shall immediately notify the Town Police Department.
To the greatest extent practicable, the Chief shall preserve all physical
evidence and shall cooperate with the investigatory authorities to
ascertain the origin of the fire and the persons responsible.
F.
Each Chief for any fire district/department providing firefighting
services for a property within Unincorporated Greenburgh shall promptly
notify the Building Inspector of any fire alarm activation or malfunction,
fire sprinkler discharge or malfunction, fire, explosion and if residents
are displaced.
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, the Energy Code and/or this Chapter, 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 from the Building Inspector. Any question regarding the need for a Building Permit should be referred to the Building Department. See also the Code of the Town of Greenburgh § 285-44.
B.
Exemptions. No Building Permit shall be required for work in any
of the following categories:
(1)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(2)
Replacement of incidental hardware, such as doorknobs and locks,
broken window panes, and doors of the same dimension;
(3)
Installation or repair of fences six feet in height or lower in a
front or side yard and fences eight feet in height or lower in a rear
yard;
(4)
Installation or repair of retaining walls less than four feet high;
(5)
Installation of functional receive-only antenna(s) having a net exposure
less than two square feet in the vertical plane and no dimension in
the horizontal or vertical plane that exceeds 96 inches, attached
directly to a masonry chimney, penthouse or rooftop mechanical appurtenance
on a pole no longer than eight feet in length; and
C.
Exemption not deemed authorization to perform noncompliant 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 or the Code of the Town of Greenburgh.
D.
Application. An application for a Building Permit, Certificate of Occupancy or Substitute Certificate of Occupancy shall be made to the Building Inspector. Applications for a Building Permit shall be made in writing on a form provided by the Building Inspector. The application shall be signed by the owner of the property where the work is to be performed or by an authorized agent of the owner. The application shall include such information as the Building Inspector deems necessary to determine compliance with the Uniform Code, Energy Code, and the Code of the Town of Greenburgh. The application shall include or be accompanied by the following information and documentation (see also the Code of the Town of Greenburgh § 285-44A):
(1)
A description of the proposed work;
(2)
The Tax Map number and street address of the premises where the work
is to be performed;
(3)
The occupancy 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
(5)
Three sets of original construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Building Inspector;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code, Energy Code, Code of the Town of Greenburgh, and any conditions
imposed by an approving board; and
(e)
Where applicable, include a site plan that shows any existing
and proposed drainage, septic, well or drywell systems, the location
of the intended work, and the distance between the building and structures
and the lot lines.
E.
Construction documents. Construction documents will not be accepted as part of an application of a Building Permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Building Inspector by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, 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.
A.
Certificate of Occupancy required. No building or structure may be occupied or used for any purpose until a certificate of occupancy authorizing the use has been issued by the Building Inspector. For buildings constructed before January 1, 1945, the owner, or any other interested party, may apply for a substitute certificate of occupancy seeking legalization of the building's existence. A substitute certificate of occupancy may be issued only after the Building Inspector is satisfied that a building complies with all applicable provisions of Chapter 285, Zoning. See also the Code of the Town of Greenburgh § 285-46.
B.
Temporary Certificates. The Building Inspector shall be permitted to issue a Temporary Certificate 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 Building Inspector issue a Temporary Certificate unless the Building Inspector determines that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely; that any fire- and smoke-detecting or fire protection equipment which has been installed is operational; and that all required means of egress from the building or structure have been provided. 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. A Temporary Certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Building Inspector and specified in the Temporary Certificate. 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 Code of the Town of Greenburgh, Uniform Code and the Energy Code. See also the Code of the Town of Greenburgh § 285-46.
C.
Revocation or suspension of certificates. If the Building Inspector determines that a Certificate of Occupancy or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, or determines it should be revoked or suspended for other due and just cause, 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. See also the Code of the Town of Greenburgh § 285-46.
A.
Operating Permits required. Operating Permits shall be required for
conducting the activities or using the categories of buildings listed
below:
(1)
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;
(2)
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;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by the Building Inspector.
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 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.
D.
Inspections. The Building Inspector or a Code Enforcement Officer
authorized by the Building Inspector shall inspect the subject premises
prior to the issuance of an Operating Permit.
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 Building Inspector may require a separate Operating Permit for each such activity.
F.
Duration of Operating Permits. Operating permits shall be issued
for such period of time, not to exceed one year. 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.
G.
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.
Authority to issue. Code Enforcement Officers are authorized to issue
Stop-Work Orders pursuant to this section. Code Enforcement Officers
shall issue a Stop-Work Order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code, Energy Code,
or Code of the Town of Greenburgh, 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 Code Enforcement Officer, 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;
or
(4)
Work when there is a misrepresentation on an application or construction
document; or
(6)
Work performed prior to required fees being paid.
B.
Upon receipt of a Stop-Work order, all work on any building or structure
or any excavation, grading or filling operation referred to therein
shall be immediately stopped. The Stop-Work order shall be in writing
and shall be given to the owner of the property involved or to the
owner's agent, the occupant of the premises, or to the person
doing the work, and shall state the conditions under which work may
be resumed. Receipt of such Stop-Work order by any of the persons
or entities listed shall be deemed receipt by all.
C.
Any person who shall continue any work in or about a building or premises after having been served a Stop-Work order, except such work which is directed by the Building Inspector to be performed in order to remove a violation or unsafe condition, shall be liable to a fine as prescribed in § 100-26.
D.
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, 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 of this Chapter or under any other applicable 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.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by a Code Enforcement Officer authorized by the Building Inspector. The Permit Holder shall notify the Building Inspector when any element of work described in Subsections B and C of this section is ready for inspection.
B.
Elements of work to be inspected. The following are the minimum elements
of the construction process that 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)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the Building
Permit has been completed.
C.
Additional inspections. The Building Inspector may require additional
inspections as he/she sees fit.
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 where the work fails to comply with the Uniform
Code, Energy Code or the Code of the Town of Greenburgh. Work not
in compliance with any applicable provision of the Uniform Code, Energy
Code, the Code of the Town of Greenburgh, plans approved by the Building
Inspector, and conditions set forth in Town Board, Planning Board
and Zoning Board of Appeals decisions shall remain exposed until such
work shall have been brought into compliance, reinspected, and found
satisfactory as completed.
E.
Reinspection Fee. If the Permit Holder fails an inspection for any reason, a reinspection fee shall be levied against the Permit Holder in an amount set forth by resolution by the Town Board. Such fee shall be paid prior to any further inspections taking place. Should the Permit Holder fail to pay the reinspection fee, a Stop-Work Order shall be placed on the job in accordance with § 100-10 of this Chapter.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by a Code Enforcement
Officer designated by the Building Inspector at the following intervals:
(1)
Fire safety 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)
Fire safety and property maintenance inspections of buildings or
structures being occupied as dormitories shall be performed at least
once every 12 months.
(3)
Fire safety and property maintenance inspections of all multiple residences not included in Subsection A(1) and (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.
B.
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 a Code Enforcement Officer 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 or applicable sections of the Code of the Town of Greenburgh
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 or applicable sections
of the Code of the Town of Greenburgh 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.
Reinspection Fee. A reinspection fee shall be charged if it is determined
by the Building Inspector or his/her designee that previously cited
violations have not been abated, in an amount set forth by resolution
of the Town Board.
A.
All buildings, except one- and two-family residences, constructed
after June 8, 1977, and all buildings including one- and two-family
residences constructed after October 13, 1982, shall have a fire Sprinkler
System conforming to current NFPA standards.
B.
Prior to issuance of a Building Permit, each builder shall submit
two sets of proposed plans to the Building Inspector depicting the
fire Sprinkler System. These plans must be signed and sealed by a
licensed New York State professional engineer, NICET (Level 3 or above)
or a licensed New York State fire protection engineer.
C.
For any existing building, structure or occupancy, except a one- or two-family residence, which does not contain a sprinkler system conforming to NFPA standards where the total floor area is increased by 50% or more or for which the cost of any alterations, additions or repairs made within a six-month period exceeds 50% of the cost of replacement of the building at the beginning of that six-month period or where the use is converted to an A occupancy, as defined by the Uniform Code, and NFPA, plans shall be submitted in accordance with § 100-13B and a fire Sprinkler System shall be installed.
D.
No Certificate of Occupancy shall be issued for occupancy or use
of any building, structure or portion thereof required to have a fire
Sprinkler System unless such system is installed, inspected, tested
and approved in accordance with NFPA standards.
A.
All buildings shall contain smoke- and heat-detection devices in accordance with the Uniform Code, NFPA 72, and § 100-13 of the Code of the Town of Greenburgh.
B.
Prior to issuance of a Fire Alarm Permit, each applicant shall submit
two sets of proposed plans to the Building Inspector depicting the
fire alarm system prepared by a New York State licensed design professional
(engineer, architect or fire protection engineer) or NICET III along
with proof that the installation will be performed by an individual
possessing a New York State Alarm Installers License.
C.
All multiple-family residences shall have smoke detectors as follows:
(1)
One smoke detector at the top of each stairwell open to common hallways
or corridors.
(2)
One smoke detector for each 50 linear feet in common hallways and/or
corridors where no point is less than 25 feet from a smoke detector.
(3)
In storage areas exceeding 50 square feet, a minimum of one smoke
detector and as many as may be necessary consistent with the manufacturer's
specifications and recommended area of coverage.
(4)
Smoke detectors shall be connected to a central station, remote station,
or proprietary station or other monitoring facility as defined by
NFPA 72 and approved by the Fire Marshal.
(5)
Heat detectors shall be installed in boiler rooms, based on spacing
requirements of NFPA 72.
D.
All buildings used for commercial purposes shall have smoke detectors
connected to a central station, remote station, or proprietary station
or other monitoring facility as defined by NFPA 72 and approved by
the Fire Marshal. A complete automatic fire alarm system is required.
This system shall consist of, but not be limited to, pull stations,
smoke or heat detectors, duct detectors, elevator recalls, notification
devices (horn/strobe).
F.
All buildings constructed after the effective date of this Chapter shall contain a carbon monoxide (CO) detector or detectors as required by the Uniform Code, NFPA and § 100-13 of the Code of the Town of Greenburgh approved by a recognized, independent laboratory or professional organization. Carbon monoxide detectors shall conform to the following:
(1)
A carbon monoxide detector installed pursuant to this section in
a residence shall be installed in sufficient proximity to the sleeping
area so that occupants of each room can hear the alarm when activated.
Where sleeping areas are not in sufficient proximity to share a single
CO detector, the Building Inspector may require as many CO detectors
as deemed necessary to provide coverage to all sleeping areas of the
residence. In making a decision whether to require additional CO detectors,
the Building Inspector shall be guided by reference to the manufacturer's
specifications.
(2)
A carbon monoxide detector installed pursuant to this section in
any building other than a building used exclusively for residential
use shall be located in proximity to each source of combustion.
(3)
Any building lacking a self-contained combustion source may apply
to the Building Inspector for an exemption from these provisions.
G.
Plans shall be submitted in accordance with § 100-13, and a fire alarm system shall be installed for any existing building, structure or occupancy, except a one- or two-family residence, which does not contain a fire alarm system conforming to NFPA, the Uniform Code and the Code of the Town of Greenburgh standards where the total floor area is increased by 50% or more or for which the cost of any alterations, additions or repairs made within a six-month period exceeds 50% of the cost of replacement of the building at the beginning of that six-month period or where the use is converted to an A occupancy, as defined by the Uniform Code.
H.
No Certificate of Occupancy shall be issued for occupancy or the
use of any building, structure or portion thereof required to have
a fire alarm system unless such system is installed, inspected, tested
and approved in accordance with the Uniform Code, NFPA and Code of
the Town of Greenburgh standards.
A.
Fire zones and fire lanes shall be designated pursuant to the provisions of the Code of the Town of Greenburgh, Chapter 460, governing the regulation of vehicles and traffic.
B.
Exception.
(1)
Where the owner or lessee of property located in the Town can demonstrate
good cause, the Fire Marshal may issue a permit for placing specific
objects or materials at a specific location in or upon a fire zone
or lane adjacent to his or her property.
(2)
Such permit shall be issued only after application has been made
to the Fire Marshal. An application fee shall accompany each application
in an amount to be determined by the Fire Marshal, subject to approval
by Town Board resolution.
(3)
No permit issued under this section shall be valid for longer than
one week, except that, upon written request of the permit holder,
the Fire Marshal may renew such permit for as many seven-day periods
as deemed necessary.
(4)
Prior to the effective date of any permit issued under this section,
the Fire Marshal shall notify the Chief of the appropriate fire district
that a permit authorizing the temporary obstruction of a fire lane
has been granted.
A.
Building access. All buildings, except buildings used solely for
residential purposes, constructed after the effective date of this
Chapter, shall provide a master lock box of a type and at a location
approved by the Bureau of Fire Prevention, permitting emergency access
to the building. Where a Building Permit or Change of Occupancy/use
permit has been issued for any existing building, except buildings
used solely for residential purposes, the owner shall install a master
lock box of a type and at a location approved by the Bureau of Fire
Prevention. No certificate of occupancy or certificate of compliance
may be issued for any building subject to the provisions of this section
until the Chief of the respective fire district where such building
is located, or the Building Inspector, has approved the installation.
Lock boxes shall be in accordance with the Uniform Code.
B.
Each lock box installed pursuant to this section shall contain a
master key or keys, permitting access to the entire premises as well
as a key, if any, to any fire alarm control device and elevator. Where
any business uses, handles, stores, sells or manufactures any hazardous
substances or materials subject to state or federal regulation, the
lock box must also contain the material safety data sheet as required
by 42 U.S.C. § 11021 for each hazardous substance or material
present at the premises.
A.
General provisions. All plumbing work involving the connection, repair
or alteration to water supply or sanitary drainage must be performed
with a permit and in conformance with the following conditions:
B.
Sanitary drainage. No portion of any sanitary drain waste and vent
system, or any appurtenance, shall be installed or altered within
the Town without a permit. All such work shall conform to the following
standards:
(1)
House sanitary drainage shall be separated by a minimum of two feet
from domestic water and fire sprinkler service.
(2)
All underground sanitary sewer lines or piping shall be bell and
spigot XHCI, service-weight cast iron. Polyvinyl chloride (PVC) Schedule
80 or 120 or acrylonitrilebutadiene-styrene (ABS) Schedule 80 shall
be used for forced mains only outside the building line.
(3)
A clean-out Y shall be placed in front of each house trap for maintenance,
at fifty-foot intervals where four-inch- or five-inch-diameter pipe
is used and at seventy-five-foot intervals where pipe six inches in
diameter or larger is used. Connections between XHCI house sanitary
sewers and branch lines of Town sanitary sewer mains shall be by band-seal
couplings. Every connection between an XHCI house sanitary line and
a branch line shall be subject to inspection and approval by the Building
Inspector.
(4)
No cross-T or TY fittings may be used in sanitary drainage pipe.
Existing cross-T connections used for sanitary drainage must be replaced
with combination-Y and street-forty-five-degree fittings whenever
any alteration or replacement work is performed.
(5)
Each plumbing fixture shall have a minimum waste line of 1 1 /2 inches
in diameter.
(6)
Waste lines for washing machines and kitchen sinks shall be a minimum
of two inches in diameter.
(7)
All house sanitary sewers shall have not less than three feet of
cover measured from finished grade.
(8)
All fixtures must have individual vents. Pro vents and air admittance
valves shall be prohibited.
(9)
Grease Interceptors.
(a)
Grease interceptors and automatic grease removal devices shall
be required to receive the drainage from fixtures and equipment with
grease-laden waste located in the food preparation areas, such as
in restaurants, hotels, kitchens, hospitals, school kitchens, bars,
factory cafeterias and clubs. A grease interceptor shall not be required
for individual dwelling units or any private living quarters.
(b)
Grease interceptors shall be installed in accordance with the
Plumbing Code of New York State.
(c)
Grease interceptors shall be maintained by the food establishment
at its expense. The food establishment shall cause grease traps to
be cleaned before the amount of grease exceeds twenty-five-percent
capacity of the grease interceptor. A report of cleaning and pumping
shall be submitted to the Building Department upon completion, and
maintained on site and readily accessible to Town officials.
(d)
All waste, grease and other related wastes requiring storage
at the food establishment as a result of removal from grease interceptors
shall be collected and stored in sealed containers on impervious surface
in a sheltered area to prevent entry of animals. Containers shall
be removed by a permitted disposal company.
(e)
The Building Inspector or her/his designee may enter the premises
at any reasonable time to inspect for compliance.
(10)
Final plumbing inspection. Upon completion of a sanitary drain
and vent system, the Building Department shall perform an air pressure
test to verify that the system as built is gastight. The completed
sanitary system shall be subjected to an air pressure equivalent of
a one-inch column of water. If the sanitary system sustains a constant,
static pressure for a period of not less than 10 minutes, the system
shall be deemed gastight. During the test, the sanitary drain and
vent system is to be sealed and no additional air pressure or other
variable is to be introduced or applied.
C.
Water supply. No portion of any water supply shall be installed or
altered within the Town without a permit. All such work shall conform
to the following standards:
(1)
No more than two domestic water supply fixtures may be serviced by
any one-half-inch-diameter supply line.
(2)
All plumbing fixtures shall be installed with individual control
valves regulating water flow.
(3)
All water heaters shall be installed with a combination temperature/pressure
relief valve having a minimum capacity of 30,000 Btu's in excess
of the Btu capacity of the heater. All water heater tapping must be
of the same diameter.
(4)
No solar heating systems for domestic hot-water supply may be installed
except by permit.
(5)
No hot-water heater may be installed or replaced except by permit.
(6)
All domestic water supply piping shall be installed at least one
inch inside the face of any exterior wall.
(7)
All domestic water and fire sprinkler piping installed underground
shall be of Type K tubing or ductile iron Class 54 installed with
a minimum of four feet of cover from finished grade. All service pipes
larger than one inch in diameter must be disinfected with chlorine
and tested for bacteriological content.
(8)
All domestic water and fire sprinkler piping in exterior walls or
unheated areas must be individually insulated with fiberglass pipe
insulation.
(9)
No soldered joints are permitted between the curb box and the water
meter.
D.
Fuel supply. No portion of any gas fuel system or appurtenance shall
be installed or altered within the Town without a permit. All such
work shall conform to the following standards:
(1)
The installation of all piping systems for the purpose of supplying
natural gas, propane, butane and any other fuel for heating and cooking
shall require a plumbing permit. All such piping shall be of a minimum
thickness of Schedule 40 or greater.
(2)
Pressure tests shall be required on all gas piping, including new
systems and alterations of existing systems.
(3)
Where a flexible connection is used to supply fuel to any fixture,
unit or appliance, such connection must not exceed three feet in length
and be of flexible stainless steel. Flexible connections inside the
walls shall be prohibited.
(4)
All flues shall be installed with a minimum clearance of not less
than two inches from all combustible materials.
(5)
Direct-vent terminations. Vent terminations for direct-vent appliances
shall be installed in accordance with the manufacturer's installation
instructions.
Unsafe buildings and structures shall be identified and addressed in accordance with the procedure set forth in Chapter 340, Demolition.
A.
No Building Permit shall be issued for any new one- or two-family
dwelling or multiple single-family dwelling (townhouse) of three stories
or less unless the applicant certifies that the dwelling shall:
(1)
Be built to achieve a HERS Index of 70 or less on the Residential
Energy Services Network (RESNET) Home Energy Rating System (HERS)
as verified by a RESNET-certified HERS rater.
(2)
Comply with the combustion safety testing standards promulgated by
the Building Performance Institute (BPI) as tested by a certified
HERS Rater who is BPI-certified as a Building Analyst to perform such
tests.
(3)
Include a controlled mechanical ventilation system that provides
whole-house ventilation dilution air at a rate required by the most
recently published American Society of Heating, Refrigerating and
Air-Conditioning Engineers (ASHRAE) 62.2 standard.
B.
Prior to the issuance of a Certificate of Occupancy, the applicant shall be required to demonstrate compliance with § 100-20A and the current version of the Energy Conservation Construction Code of New York State (ECCCNYS) by submitting a final report prepared by a RESNET-certified HERS rater. The HERS rater shall attest that the dwelling complies with the following requirements:
(1)
Achieves a rating of 70 or lower on the HERS Index and has a maximum
infiltration rate of 5 ACH at 50 pa.
(2)
Passes the combustion safety testing required by § 100-20A(2).
(3)
Meets the ventilation requirements of § 100-20A(3).
(4)
Complies with both 402.4.2.1 and 402.4.2.2 of the ECCCNYS.
(5)
Air Distribution ducts have been sealed per section M1601 of the
Residential Code of New York State and subjected to a duct leakage
test in accordance with the requirements of the latest RESNET standards
and with a maximum Leakage to Outside Rate of 0.06 cfm per square
foot of conditioned floor space.
(6)
An Air Conditioning Contractors of America (ACCA) approved Manual
J Heating and Cooling load analysis has been performed as defined
in § 403.6 of the ECCCNYS and in accordance with section
M1401 of the Residential Code of New York State.
(7)
All ducts not within the thermal envelope of the home are insulated
per § 405.2 of the ECCCNYS.
(8)
A permanent certificate has been affixed on the electrical panel
in accordance with § 401.3 of the ECCCNYS, which includes
the dwelling's HERS index.
Residential home improvement contractors are required to possess
a valid Westchester County home improvement license for all work other
than new single-/two-/multifamily dwelling construction.
An appeal pursuant to this section is intended to provide for
the orderly review of a request for relief from any standard imposed
by this Chapter which is more stringent than standards established
by New York State.
A.
There is hereby established a Board of Building Code Review. The
Board shall hear and determine all requests for relief from any standard
imposed by local law more stringent or restrictive than any standard
or regulatory requirement imposed by the Uniform Code. The Board's
jurisdiction shall be limited to review of local standards or requirements
more restrictive than existing state standards. Under no circumstances
shall the Board interpret, modify or otherwise assume jurisdiction
over the Uniform Code.
B.
Membership.
(1)
The Board of Building Code Review shall be appointed by the Building
Inspector, subject to approval by the Town Board. There shall be five
members appointed for staggered terms not to exceed three years. The
Board shall conduct its affairs consistent with the Town's Code
of Ethics, and no member who has any financial, familial or proprietary
interest in an appeal shall participate in hearing such appeal. No
elected official may serve as a member, and members shall have the
following qualifications, experience or expertise:
(2)
No Building Department employee shall serve as the code enforcement
representative, and each discipline shall be separately represented.
C.
Request for relief.
(1)
Any person who has filed an application for a Building Permit may
make a written appeal to the Board for relief from the more restrictive
local building standards. All appeals must be in writing and contain
the grounds which warrant relief. The Board may, in its sole discretion,
grant relief from the local code and permit an applicant to comply
with state standards where an applicant demonstrates that compliance
with local code standards:
(a)
Imposes an undue economic hardship or burden;
(b)
Restricts, impedes or negates a legitimate county, state or
federal policy objective;
(c)
Is physically, legally or practically impossible;
(d)
Is inconsistent with the stated objective of the regulation;
or
(e)
Is unnecessary given viable alternatives which meet the intended
objective of the local code.
(2)
The Board may deny a request for relief in whole or part. The Board
shall attempt to fulfill the intent of this Chapter where possible
and shall endeavor to fashion a remedy that is just and equitable
under the circumstances by granting relief where necessary.
D.
Procedure.
(1)
The Board shall adopt rules governing the appeals process. Such rules
shall be subject to review and approval by the Town Board. Rules adopted
pursuant to this section shall be filed with the Town Clerk and made
available upon request at no charge.
(2)
In addition to any rules and regulations established by the Board,
all appeals shall comply with the following standards:
(a)
An appeal taken pursuant to this section must be filed no later
than 45 days after application for a Building Permit is submitted.
(b)
Each appellant must submit written request for relief containing
an explanation why such relief should be granted. Upon request, any
person seeking relief or his representative may appear and present
the appeal to the Board in person.
(c)
The Board shall schedule an appeal within 30 days of filing.
An appellant shall be entitled to not less than five days' notice
informing him where and when his appeal will be heard.
(d)
All appeals shall be open to the general public and the Board
may, in its discretion, entertain whatever other evidence, in addition
to materials submitted by the appellant, the Board feels is relevant
and will assist its deliberations. The Board may deliberate in executive
session.
(e)
The Board will render a decision on any appeal not more than
10 days from the date the appeal was heard by filing a copy of its
decision with the Town Clerk and not less than 10 days thereafter
by mailing a copy of the decision to the appellant at the address
contained on the application for the Building Permit.
(f)
Appeals may be submitted to the Town Building Department, which
will accept receipt on behalf of the Board.
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 Town ordinance or regulation adopted for administration
and enforcement of the regulations related thereto. 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
in a manner prescribed by the Building Inspector;
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 either a Notice of Violation to abate, correct or cure the violation
or a Summons to appear in Town Court;
C.
If appropriate, issuing a Stop-Work Order;
D.
Recording abatement of the violation in a manner prescribed by the
Building Inspector.
The Building Department shall keep records in accordance with
adopted records retention and disposition schedule MU-1.
A.
The Building Inspector shall annually submit to the Town Board of
the Town of Greenburgh a report and summary of all Building Permits,
Certificates of Occupancy, violations and summonses issued as well
as all fees collected;
B.
The Building Inspector shall annually submit to the Secretary of
State of behalf of the Town of Greenburgh, on a form prescribed by
the Secretary of State, a report of the activities of the Town of
Greenburgh relative to administration and enforcement of the Uniform
Code;
C.
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 the Town of Greenburgh is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of the Town in connection
with the administration and enforcement of the Uniform Code.
A.
The Building Inspector, Code Enforcement Officers and members of
the Bureau of Fire Prevention shall have the authority to issue violation
notices, summonses and Stop-Work orders as appropriate.
B.
Violations.
(1)
Notice of Violation.
(a)
Code Enforcement Officers are 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 Code of the Town of Greenburgh. Upon finding
that any such condition or activity exists, the Code Enforcement Officer
shall issue a Notice of Violation. The Notice of Violations shall:
[1]
Be in writing;
[2]
Be dated and signed by the Code Enforcement Officer;
[3]
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or Code of the Town of Greenburgh;
[4]
Specify the provision or provisions of the Uniform Code, Energy
Code, or Code of the Town of Greenburgh which is/are violated by the
specified condition or activity;
[5]
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance;
[6]
Direct that compliance be achieved within the specified period
of time; and
[7]
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(b)
The Code Enforcement Officer shall cause the Notice of Violation,
or a copy thereof, to be served on the owner of the affected property
personally or by United States Postal Service. The Code Enforcement
Officer shall be permitted, but not required, to cause the Notice
of Violation 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 United States
Postal Service; provided, however, that failure to serve any Person
mentioned in this sentence shall not affect the efficacy of the Notice
of Violation.
(2)
Summons. The Building Inspector and Code Enforcement Officers are
authorized to issue summonses for any violation of the Uniform Code,
Energy Code or Code of the Town of Greenburgh.
(3)
Penalties. In addition to those penalties prescribed by State law,
any Person who violates any provision of the Uniform Code, Energy
Code or Code of the Town of Greenburgh, or any term or condition of
any Building Permit, Certificate of Occupancy/Certificate of Completion,
Temporary Certificate, Stop-Work Order, Operating Permit or other
notice or order issued by the Code Enforcement Officer pursuant to
any provision of this Chapter, shall be liable for the penalties stated
below:
(a)
Conviction for violation of the provisions of this Chapter shall
be deemed a misdemeanor punishable by a fine of not less than $500
nor more than $1,000 and/or imprisonment not to exceed three months.
Each day the violation continues shall constitute a separate offense.
(b)
Conviction for a second and subsequent violations of this Chapter
within two years of a previous conviction shall be deemed misdemeanors
punishable by a fine of not less than $750 nor more than $2,500 and/or
imprisonment not to exceed six months. Each day the violation continues
shall constitute a separate offense.
(4)
Injunctive Relief. Where, in the opinion of the Building Inspector,
any suspected violation of this Chapter threatens human health, safety
or welfare, the Building Inspector may seek to prevent such injury
by seeking injunctive relief prohibiting the violation. An action
or proceeding may be instituted in the name of the Town of Greenburgh
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, Energy Code, Code of the Town of Greenburgh, or
any term or condition of any Building Permit, Certificate of Occupancy
/ Certificate of Completion, Temporary Certificate, Stop-Work Order,
Operating Permit, Notice of Violation, or other notice or order issued
by the Code Enforcement Officer 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, Notice of Violation or other order obtained under the Uniform
Code, the Energy Code or this Chapter, an action or proceeding may
be commenced in the name of the Town of Greenburgh, 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 of the Town
of Greenburgh.
(5)
Remedies Not Exclusive. 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 § 100-10 (Stop-Work Orders) of this Chapter, 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 § 100-10 (Stop-Work Orders) of this Chapter, 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 (2) of § 382 of the Executive Law, 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 (2) of § 382 of the Executive Law.
Notwithstanding any of the provisions of the Uniform Code, the
fees related to this Chapter shall be set by the Building Inspector,
subject to approval by Town Board resolution. All fees shall be paid
at the time of filing an application and prior to any permit or certificate
being issued. Such fee schedule may thereafter be amended from time
to time by like resolution. 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 / Certificates of Completion, Temporary
Certificates, Operating Permits, fire safety and property maintenance
inspections, and other actions of the Building Inspector described
in or contemplated by this Chapter.
If necessary, the Town Board may, by resolution, authorize the Town Supervisor to enter into one or more Intermunicipal Agreements to carry out the terms of § 100-6F of this Chapter, provided that such agreements do not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
Pursuant to New York Municipal Home Rule Law § 22
and Executive Law § 379, the provisions of this Chapter
are intended to supersede any less stringent or inconsistent provision
of law. Should any section, paragraph, sentence or word of this Chapter
be declared void, invalid or unenforceable, for any reason, such decision
shall not affect the remaining provisions of this Chapter.