[HISTORY: Adopted by the Board of Trustees
of the Village of Penn Yan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-2-1969 by L.L. No. 2-1969 as Art. I of Ch. 26
of the 1969 Code]
[Amended 9-6-1993 by L.L. No. 4-1993]
A Division of Fire Prevention in the Fire Department
of the Village of Penn Yan is hereby created, which shall be operated
under the Chief of the Fire Department. Acting as an agent for the
Code Enforcement Officer, such Chief is empowered and authorized to
assign such and as many members of the fire force, subject to approval
of the Board of Trustees, to make inspections and perform other fire
prevention work hereinafter provided for as he deems necessary for
the proper performance of the functions and duties of the Division.
A.
It shall be the duty of the Division of Fire Prevention
to enforce all laws and ordinances of the state and Village covering
the following:
(1)
The prevention of fires.
(2)
The storage and use of explosives and flammables.
(3)
The installation and maintenance of automatic and
other fire-alarm systems and fire-extinguishing equipment.
(4)
The maintenance and regulation of fire escapes.
(5)
The means and adequacy of exit in case of fire from
factories, schools, hotels, lodging houses, asylums, hospitals, churches,
halls, theaters and all other places in which numbers of persons work,
live or congregate from time to time for any purpose.
(6)
The investigation of causes, origin and circumstances
of fires.
(7)
The conducting of fire prevention campaigns and the
preparation and circulation of fire prevention literature.
B.
It shall have such other powers and perform such other
duties as are set forth in other sections of this Article and as may
be conferred and imposed upon it from time to time by law.
The Division of Fire Prevention is hereby empowered
and authorized, at any time and all reasonable times and as often
as necessary, to enter upon and into any premises, buildings and structures
within the limits of the Village of Penn Yan, except the interior
of private dwellings, for the purpose of examining and inspecting
the same to ascertain the condition thereof with regard to the presence
and arrangements of deposits of any articles, materials, substances,
goods, wares or merchandise which may have a tendency to create danger
of or from fire in such premises, building or structure or to create
danger in case of fire on or in the same or personal injury to or
loss of life of the occupants of or persons on or in such premises,
building or structure; also with regard to the condition, size, arrangement
and efficiency of any and all appliances for protection against fire
on or in such premises, building or structure; also any violations
of any ordinances of the Village or laws or regulations of the State
of New York affecting or dealing with fire hazard. Any person refusing
to permit such entrance and inspection or who shall interfere with
or hinder the same shall be guilty of a violation of this Article.
Assistants shall report in writing to the Chief the result of their
inspections.
If the Chief of the Fire Department or those
acting under or for him shall find upon such inspection of such premises,
building or structure any rubbish, debris, waste or flammable or combustible
materials and that the same is not arranged or disposed of as to afford
reasonable safeguard against the danger of fire or shall find that
the articles, materials, goods, wares and merchandise on or in such
premises, building or structure are so arranged and disposed that
the occupants thereof or persons rightfully in or on the same would
not, because of such arrangement and disposition, be afforded reasonable
access to the exits of such premises, building or structure in case
of fire or shall find that by reason of such arrangement or disposition
the members of the Fire Department would unnecessarily or unreasonably
be interfered with in the exercise of their duties in and about such
premises, building or structure in the case of fire in the same, the
Chief may order, in writing, the removal of such rubbish, debris,
waste or flammable or combustible materials from such premises, building
or structure or the disposing or arranging of the same on or in such
premises, building or structure in such manner as will remove such
danger from fire. He may also order, in writing, that such articles,
materials, goods, wares or merchandise be so arranged and disposed
on or in such premises, building or structure that the occupants thereof
or the persons rightfully in or on the same will be afforded all reasonable
access to the exits from the same in case of fire, and the members
of the Fire Department will be afforded all reasonable facilities
for the discharge of their duties in and about such premises, building
or structure in the case of fire.
[Added 1-17-1989 by L.L. No. 1-1989; amended 10-16-1989 by L.L. No. 10-1989; 9-6-1993 by L.L. No. 4-1993]
A.
In order to better protect the life, safety, property
and welfare of the residents of the Village and in order that the
members of the Fire Department not be unnecessarily placed in danger
or interfered with in the performance of their duties, all new buildings
of nonfireproof construction, as defined in the New York State Uniform
Fire Prevention and Building Code, shall have in all floors facing
legal open spaces, as defined in the New York State Uniform Fire Prevention
and Building Code, the greater of every other window or 50% of its
windows glazed with glass panes. This requirement of the greater of
every other window or 50% of the windows glazed with glass panes may
be diminished at the discretion of the Code Enforcement Officer and
the Fire Chief.
B.
All existing buildings within the Village of Penn Yan shall have removed from original window openings all such materials that do not comply with Subsection A above and have the required glazed panes prior to June 1, 1990. This requirement may be diminished at the discretion of the Code Enforcement Officer and the Fire Chief.
Whenever the Chief of the Division of Fire Prevention
or those acting under or for him shall find any building or other
structure which, for want of repair, lack of or insufficient fire
escapes, automatic or other fire alarm apparatus or fire-extinguishing
equipment or by reason of age or dilapidated condition or from any
other cause is especially liable to fire or is so situated as to endanger
other property or the occupants thereof or whenever any officers shall
find in any building combustible or explosive matter or flammable
conditions dangerous to the safety of such building or occupants thereof,
he or they shall order such dangerous conditions or materials to be
removed or remedied, and such orders shall forthwith be complied with
by the owner or occupant of such premises or building.
Should any owner, lessee or occupant of any
premises, building or structure or the owner or person in control
of any materials, goods, wares or merchandise consider himself aggrieved
by the orders of the Chief of the Fire Department, he may, within
24 hours after such order has been served on him, appeal to the Board
of Trustees of the Village of Penn Yan, which shall thereupon make
such order in the premises as it may deem right and reasonable, and
such order shall be final.
The orders provided for in §§ 92-4, 92-6 and 92-7 shall be directed to the owner, lessee or occupant of such premises, building or structure or to the owner or person in control of the articles, materials, goods, wares or merchandise herein referred to as the circumstances may require. The service of order or notice required in this Article shall be made by mailing a copy thereof to the last known address of the owner of the premises in question or his duly authorized agent or by mailing or delivering a copy thereof to the owner, occupant or person in charge or by delivering a copy thereof to any person of suitable age and discretion in charge or apparently in charge of the premises or, if no person is found in charge of the premises, then by affixing a copy of such order or notice in a prominent place on the exterior of such premises. It is hereby made the duty of such owner, lessee or occupant of such premises, building or structure and of such person in control of such articles, materials, goods, wares and merchandise or the owner thereof to comply with such order or orders within the time and in the manner directed.
[1]
Editor's Note: Former § 92-9, Frequency
of inspections, was repealed 1-9-2007 by L.L. No. 2-2007.
[Added 1-9-2007 by L.L. No. 2-2007[1]
A.
No demolition may be performed without a permit from
the Code Enforcement Officer.
B.
No demolition permit will be issued by the Code Enforcement
Officer until the following conditions have been met by the applicant:
(1)
A determination of which, if any, municipal utility
services will be reused within a one-year period and the approval
of the Penn Yan Municipal Utilities Board that the services may be
reused shall be required.
(2)
If the utility services are not to be reused or the
Penn Yan Municipal Utilities Board determines they may not be reused,
the services must be removed and sealed at the main line.
(3)
If the water and sewer services are not to be reused
and are determined by the Penn Yan Municipal Utilities Board to be
reusable, then sewer lines shall be cut and capped at the lot line
and waterlines removed at the curb cock.
(4)
All connects and disconnects shall be at the applicant's
expense and performed under the supervision of the Penn Yan Municipal
Utilities Board, which shall be given at least 24 hours' notice.
(5)
If the applicant is disconnecting services which will
be reused, a deposit of $500 is required, which will be refundable
when the services are reconnected.
(6)
Upon demolition, all debris except masonry materials
shall be disposed of off-site by the applicant, and upon completion
of demolition, the average grade shall be restored if new construction
is not begun at once.
[1]
Editor's Note: This local law also repealed
former § 92-10, Investigation of fires; report.
[1]
Editor's Note: Former § 92-11, Records,
was repealed 1-9-2007 by L.L. No. 2-2007.
[1]
Editor's Note: Former § 92-12, Prelicensing
inspection required, was repealed 1-9-2007 by L.L. No. 2-2007.
It shall be the duty of the Chief of the Division
to require teachers of public, private and parochial schools and educational
institutions to have one fire drill each month and to keep all doors
and exits unlocked during school hours.
Bowling establishments shall conform to all
other applicable requirements of the Village, as well as the following
provisions:
A.
Lane resurfacing operations. Resurfacing operations
shall not be carried on while the establishment is open for business.
The Chief of the Fire Department shall be notified when bowling lanes
are to be resurfaced. Proper ventilation shall be provided. Heating,
ventilating or cooling systems employing recirculating of air shall
not be operated during resurfacing operations or within one hour following
the application of flammable finishes. All electric motors or other
equipment in the area which might be a source of ignition shall be
shut down and all smoking and use of open flames prohibited during
the application of flammable finishes and for one hour thereafter.
Automobile wrecking yards, junkyards and waste
material handling plants shall conform to all other applicable requirements
of the Village as well as the following provisions:
A.
Location. No automobile wrecking yard, junkyard or
waste material handling plant shall be located as to seriously expose
adjoining or adjacent properties.
B.
Burning operations. The burning of wrecked or discarded
automobiles or any parts thereof or junk or any waste materials shall
be done only in designated open spaces or incinerator enclosures approved
for burning purposes by the Chief of the Fire Department.
C.
Construction and protection requirements.
(1)
Handling and storage of large quantities of wastepaper,
rags or other combustible materials shall not be in a building of
wood frame or ordinary construction unless the building is sprinklered.
Vertical openings shall be enclosed in an approved manner.
(2)
Picking rooms shall be separated from storage rooms
by construction having a fire-resistance rating of not less than one
hour, with each door opening provided with an approved fire door.
Picking rooms shall be provided with exhaust systems of sufficient
capacity to adequately remove dust and lint.
Garages shall conform to all applicable requirements
of the Village, as well as the following provisions. A "garage" is
defined as any building, shed or enclosure used as a place of business
for the purpose of servicing or repairing any motor vehicle therein.
A.
Cleaning with flammable liquids. No Class I liquid
shall be used in any garage for washing parts or removing grease or
dirt unless in a special closed machine approved for the purpose or
in a separate well-ventilated room enclosed by walls having a fire-resistance
rating of not less than two hours, with openings therein protected
by approved fire doors or fire windows and with no opening from such
room to any upper or lower story. "Class I liquid" is defined as those
flammable liquids having flash points below 100°F.
B.
Handling of gasoline and oils.
(1)
The transfer of gasoline in any garage shall not be
made in any open container.
(2)
Garage floors shall drain to oil separators or traps
discharging to the sewer. Contents of oil separators or traps of floor
drainage systems shall be collected at sufficiently frequent intervals
and removed from the premises to prevent oil from being carried into
the sewers. Self-closing metal cans shall be used for all oily waste
or waste oils.[1]
[1]
Editor's Note: Original § 26-16,
Bonfires, which immediately followed this subsection, was deleted
9-6-1993 by L.L. No. 4-1993.
Ashes, smoldering coals or embers, greasy or
oily substances and other matter liable to spontaneous ignition shall
not be deposited or allowed to remain within 10 feet of any combustible
materials or construction made up of combustible materials, except
in metal or other noncombustible receptacles. Such receptacles shall
be placed on noncombustible stands, unless resting on a noncombustible
floor or on the ground outside the building, and shall be kept at
least two feet away from any combustible wall or partition.
No person shall permit to remain upon any roof
or in any court, yard, vacant lot or open space any accumulation of
wastepaper, hay, grass, straw, weeds, litter or combustible or flammable
waste or rubbish of any kind.
As used in this Article, the following terms
shall have the meanings indicated:
- OWNER, LESSEE, OCCUPANT, PERSON IN CONTROL OF or PERSON
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
[Amended 9-6-1993 by L.L. No. 4-1993]
Any person, owner, lessee or occupant of a building,
structure or premises or any person in control of articles, materials,
goods, wares and merchandise hereinbefore referred to or the owner
thereof who shall violate any of the provisions of this Article or
any rule, order or regulation made in pursuance thereof shall, upon
conviction thereof, be subject to a fine of not less than $25 up to
the maximum penalty of $100 or to imprisonment for not fewer than
10 days nor more than 30 days, or to both such fine and imprisonment,
and each day on which such violation continues shall constitute a
separate offense.
[Adopted 12-17-1984 as Section 1 of L.L. No. 4-1984 (Art.
II of Ch. 26 of the 1969 Code); amended in its entirety 1-9-2007 by L.L. No. 2-2007[1]]
[1]
Editor's Note: This local law also repealed
former Art. III, Administration and Enforcement, adopted 9-16-1985
by L.L. No. 4-1985 (Art. III of Ch. 26 of the 1969 Code), as amended,
which immediately followed this article.
This article provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Village. This article
is adopted pursuant to Section 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, other state law,
or other section of this article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
chapter.
As used in this article, the following terms
shall have the meanings indicated:
- BUILDING PERMIT
- A permit issued pursuant to § 92-25 of this chapter. The term building permit shall also include a building permit that is renewed, amended or extended pursuant to any provision of this chapter.
- CERTIFICATE OF COMPLIANCE/CERTIFICATE OF USE
- A certificate issued pursuant to § 92-27B of this article, certifying that the structure or permit described: 1) conforms substantially to the approved plans and specifications filed in the office of the Code Enforcement Officer, and 2) appears to substantially comply with the New York State Uniform Fire Prevention and Building Code; and 3) may be used for the purpose intended.
- CERTIFICATE OF OCCUPANCY
- A certificate issued pursuant to § 92-27C of this article upon the completion of a firesafety and property maintenance inspection which reveals no uncorrected deficiency or material violation of the Uniform Code and/or the Code of the Village of Penn Yan in the building or area to be used and upon payment of the appropriate fees.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer appointed pursuant to § 92-23B of this article for the Village of Penn Yan.
- CODE ENFORCEMENT PERSONNEL
- The Code Enforcement Officer and all inspectors.
- ENERGY CODE
- The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
- IMMEDIATE FAMILY MEMBER
- The grandparents, parents, children, grandchildren or siblings of the owner of the property.
- NOTICE OF VIOLATION
- A notice issued by the Code Enforcement Officer pursuant to § 92-35A of this article.
- ONE- AND TWO-FAMILY AND MULTIPLE SINGLE-FAMILY (TOWNHOUSE) RESIDENTIAL DWELLINGS USED AS RENTAL UNITS
- Any detached one- or two-family dwellings or multiple single-family dwellings (townhouses) rented or leased for any period of time to any party other than an immediate family member.
- OPERATING PERMIT
- A permit issued pursuant to § 92-30 of this article. The term operating permit shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
- PERMIT HOLDER
- The person to whom a building permit has been issued.
- PERSON
- 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.
- STOP-WORK ORDER
- An order issued pursuant to § 92-26 of this article.
- TEMPORARY CERTIFICATE
- A certificate issued pursuant to § 92-27D of this article.
- VILLAGE
- The Village of Penn Yan.
- UNIFORM CODE
- The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
A.
The Office of Code Enforcement Officer is hereby created.
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code, the Energy Code and this chapter.
The Code Enforcement Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of compliance, 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 compliance, certificates of occupancy, temporary
certificates and operating permits, and to include in building permits,
certificates of compliance, certificates of occupancy, temporary certificates
and operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of compliance, 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 issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of
the Village of Penn Yan;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's Attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this article, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter, and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by
the Board of Trustees. The Code Enforcement Officer 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 Code Enforcement Officer shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Code Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by the Board of Trustees to serve as Acting Code Enforcement Officer.
The Acting Code Enforcement Officer shall, during the term of his
or her appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this article.
D.
One or more inspectors may be appointed by the Board
of Trustees to act under the supervision and direction of the Code
Enforcement Officer and to assist the Code Enforcement Officer in
the exercise of the powers and fulfillment of the duties conferred
upon the Code Enforcement Officer by this chapter. Each inspector
shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training and other training
as the State of New York shall require for code enforcement personnel,
and each inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
E.
The compensation for the Code Enforcement Officer
and inspectors shall be fixed from time to time by the Board of Trustees
of the Village of Penn Yan.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(2)
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;
(3)
Construction of retaining walls unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(4)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(5)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(6)
Installation of partitions or movable cases less than
five feet nine inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(8)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(9)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(10)
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.
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.
D.
Applications for building permits. Applications for
a building permit shall be made in writing on a form provided by or
otherwise acceptable to the Code Enforcement Officer. The application
shall be signed by the owner of the property where the work is to
be performed or an authorized agent of the owner. The application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that the intended work complies with all applicable requirements of
the Uniform Code and the Energy Code. The application shall include
or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the 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)
At least two sets of 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 Education
Law; 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 and the Energy Code; and e) where
applicable, include a site plan that shows any existing and proposed
buildings and structures on the site, the location of any existing
or proposed well or septic system, the location of the intended work,
and the distances between the buildings and structures and the lot
lines.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in 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 Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a
building permit shall be examined to ascertain whether the proposed
work is in compliance with the applicable requirements of the Uniform
Code and Energy Code. The Code Enforcement Officer shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits
shall be visibly displayed at the work site and shall remain visible
until the authorized work has been completed.
H.
Work to be in accordance with construction documents.
All work shall be performed in accordance with the construction documents
which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Code Enforcement
Officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code Enforcement
Officer determines that such change warrants a new or amended building
permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
I.
Time limits. Building permits shall become invalid
unless the authorized work is commenced within six months following
the date of issuance. Building permits shall expire 12 months after
the date of issuance. A building permit which has become invalid or
which has expired pursuant to this subsection may be renewed upon
application by the permit holder, payment of the applicable fee, and
approval of the application by the Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the
Code Enforcement Officer determines that a building permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
Uniform Code or the Energy Code, the Code Enforcement Officer shall
revoke the building permit or suspend the building permit until such
time as the permit holder demonstrates that all work then completed
is in compliance with all applicable provisions of the Uniform Code
and the Energy Code and all work then proposed to be performed shall
be in compliance with all applicable provisions of the Uniform Code
and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
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.
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.
Authority to issue. The Code Enforcement Officer is
authorized to issue stop-work orders pursuant to this section. The
Code Enforcement Officer 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 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;
(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.
B.
Content of stop-work orders. Stop-work orders shall:
1) be in writing; 2) be dated and signed by the Code Enforcement Officer;
3) state the reason or reasons for issuance; and 4) if applicable,
state the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. The Code Enforcement
Officer 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, on the permit holder's personally or by certified
mail. The Code Enforcement Officer shall be permitted, but not required,
to cause the stop-work order, or a copy thereof to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D.
Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, the permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work which is the subject of the
stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 92-35 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.
Certificates of compliance/certificates of use required.
A certificate of compliance/certificate of use 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 compliance/use.
B.
Issuance of certificates of compliance/certificate
of use. The Code Enforcement Officer shall issue a certificate of
compliance/use if the work which was the subject of the building permit
was completed in accordance with all applicable provisions of the
Uniform Code and Energy Code and, if applicable, the structure, building
or portion thereof that was converted from one use or occupancy classification
or subclassification to another complies with all applicable provisions
of the Uniform Code and Energy Code. The Code Enforcement Officer
or an inspector authorized by the Code Enforcement Officer shall inspect
the building, structure or work prior to the issuance of a certificate
of compliance/use. 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 Code Enforcement Officer, at the expense of the applicant for
the certificate of compliance/use, shall be provided to the Code Enforcement
Officer prior to the issuance of the certificate of compliance/use:
C.
Issuance of certificates of occupancy. The Code Enforcement
Officer shall issue a certificate of occupancy upon the completion
of a fire safety and property maintenance inspection which reveals
no uncorrected deficiency or material violation of the Uniform Code
and/or the Code of the Village of Penn Yan in the building or area
to be used and upon payment of the appropriate fees.
D.
Contents of certificates of compliance/use and certificates
of occupancy. Certificate of compliance and certificates 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 compliance/use or certificate
of occupancy is not applicable to an entire structure, a description
of that portion of the structure for which the certificate of compliance
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;
(10)
The signature of the Code Enforcement Officer issuing
the certificate of compliance or certificate of occupancy and the
date of issuance;
(11)
A statement that the structure appears to comply with
the applicable New York State Uniform Code, and in the case of a certificate
of occupancy that the structure or subject portion thereof is suitable
for the purposes for which it is intended to be used or occupied.
E.
Temporary certificate. The Code Enforcement Officer
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 Code Enforcement Officer issue a temporary
certificate unless the Code Enforcement Officer determines: 1) that
the building or structure, or the portion thereof covered by the temporary
certificate, may be occupied safely; 2) that any fire- and smoke-detecting
or fire protection equipment which has been installed is operational;
and 3) that all required means of egress from the building or structure
have been provided. The Code Enforcement Officer 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 Code Enforcement Officer 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 Uniform
Code and the Energy Code.
F.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate or a temporary certificate
was issued in error because of incorrect, inaccurate or incomplete
information, and if the relevant deficiencies are not corrected to
the satisfaction of the Code Enforcement Officer within such period
of time as shall be specified by the Code Enforcement Officer, the
Code Enforcement Officer shall revoke or suspend such certificate.
The chief of any fire department providing fire-fighting
services for a property within this Village shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Village of Penn Yan shall be identified and addressed in accordance with the Property Maintenance Code of New York State, §§ 108 and 109, and the Fire Code of New York State, § 110, and/or Chapter 58 of the Code of the Village of Penn Yan.
[Added 5-16-2017 by L.L.
No. 6-2017]
A.
In the event that the Code Enforcement Officer determines that any building or structure is uninhabitable or may not be safely occupied, the Code Enforcement Officer, prior to posting the building or structure as such, except as provided in Subsection F hereof in case of immediate hazard, shall serve the owner(s) and occupant(s) with a notice of that determination. Contents of notice. Said notice shall state:
B.
Contents
of notice. Said notice shall state:
(1)
The name(s) of the owner of record of the property and the names(s),
if known, of the person(s) in occupancy, as appears from available
records.
(2)
The address and Tax Map identification number of the premises
.
(3)
That the premises are uninhabitable and/or may not be safely
occupied.
(4)
A recitation of the facts creating the condition(s) making the
premises uninhabitable or not safely occupied, together with an itemization
of the Code section(s) which are being violated.
(5)
That a hearing may be requested within 10 days after receipt
of the notice upon the issue of whether the building or structure
is uninhabitable and/or may not be safely occupied.
(6)
That the request for a hearing must be in writing and contain:
(a)
The name, address and telephone number of the person requesting
the hearing.
(b)
The interest in the property (owner, occupant, agent, etc.)
of the person requesting the hearing.
(c)
The address of the subject property.
(d)
That a hearing is requested on the issue of whether the property
is uninhabitable or may not be safely occupied.
(7)
That the hearing request must be served upon the Village Clerk
of the Village of Penn Yan within 10 days of receipt of the notice
from the Code Enforcement Officer.
C.
Service of notice. Service of said notice shall be made upon the
owner(s) and any occupant(s) pursuant to the applicable provisions
of Article 3 of the Civil Practice Law and Rules of the State of New
York.
D.
Request for hearing. Within 10 days of service upon the owner(s)
and/or person(s) in occupancy of the building or structure of such
notice, the owner(s) and/or occupants or any other person(s) deeming
himself aggrieved by notice of determination that the building or
structure is uninhabitable and/or may not be safely occupied, may
request a hearing.
E.
Hearing.
(1)
Upon receiving a request for a hearing the Village Clerk shall
forthwith notify the Code Enforcement Officer and the Village Mayor
that a request for a hearing has been filed. The Village Mayor shall
designate a hearing committee to hear and determine the matter and
shall inform the Code Enforcement Officer of the identity of the members
of the hearing committee so designated. The hearing committee shall
consist of two current members of the Board of Trustees. The Code
Enforcement Officer shall inform the person requesting the hearing
of the date and place of the hearing not less than five days prior
to the date of the hearing.
(2)
At such hearing the Code Enforcement Officer shall present such
evidence as is relevant to the issues of whether the building or structure
is uninhabitable or may not be occupied. The hearing applicant may
likewise present relevant evidence with respect to such issues.
(3)
The hearing committee shall, upon the presentation of relevant
evidence, determine whether the building or structure is uninhabitable
or may not be safely occupied. The hearing committee shall promptly
issue a report of the contentions of the parties, the findings of
fact and its determination and provide a copy thereof to: the person
requesting the hearing and his attorney, if any; the Code Enforcement
Officer; the Village Mayor and the Village Clerk.
(4)
Any person aggrieved by the decision of the hearing committee
may appeal said decision directly to the Supreme Court of the State
of New York, pursuant to Article 78 of the Civil Practice Law and
Rules. Such a proceeding shall not stay further action pursuant to
this chapter unless a court of competent jurisdiction so orders.
F.
Emergency procedures. Notwithstanding the provision of Subsection A hereof with respect to prior notice and hearing, whenever the conditions described in Subsection A of this section constitute such an imminent danger that the building or structure must be posted forthwith or within less than the designated period and if the Code Enforcement Officer so determines, the Code Enforcement Officer shall post the building or structure without prior notice. The term "imminent danger" shall be applied as it is defined in the Uniform Code promulgated by the Department of State of the State of New York. In such event notice shall be given to the owner and occupants, if any, within seven days thereafter, in accordance with the provisions of Subsections B and C hereof, with the provisions of Subsections D and E being applicable with respect to said posting.
A.
Operating permits 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 by-product, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more;
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Board of Trustees of the Village of Penn
Yan;
(f)
Manufactured home parks; and
(g)
Carnivals, fairs and special events for over
300 people except those events associated with one- or two-family
and multiple single-family residential uses.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Code Enforcement Officer. Such application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Code Enforcement Officer 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 Code Enforcement
Officer, at the expense of the applicant.
C.
Inspections. The Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer shall inspect the subject
premises prior to the issuance of an operating permit.
D.
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 Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
remain in effect until reissued, renewed, revoked, or suspended.
F.
Revocation or suspension of operating permits. If
the Code Enforcement Officer 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.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
Code Enforcement Officer or an inspector designated by the Code Enforcement
Officer 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.
(4)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsections A(1) and A(2), and all one- and two-family and multiple single-family (townhouse) residential dwellings used as rental units, shall be performed at least once every 24 months or upon change of tenancy.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer 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.
Certificate of occupancy. Upon the completion of a firesafety and property maintenance inspection which reveals no uncorrected deficiency or material violation of the Uniform Code and/or the Village Code in the building or area to be used and upon payment of the appropriate fees, the Code Enforcement Officer shall issue a certificate of occupancy as specified in § 92-27C of this chapter.
D.
OFPC inspections. Nothing in this section or in any
other provision of this article shall supersede, limit or impair the
powers, duties and responsibilities of the New York State Office of
Fire Prevention and Control (OFPC) and the New York State Fire Administrator
under Executive Law § 156-e and Education Law § 807-b.
The Code Enforcement Officer 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 article, or any other local law 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 Code Enforcement Officer 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 § 92-35 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.
The Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by all
code enforcement personnel, including records of:
(1)
All applications received, reviewed and approved or
denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of compliance,
certificates of occupancy, temporary certificates, stop-work orders,
and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for
public inspection during normal business hours. All plans and records
pertaining to buildings or structures, or appurtenances thereto, shall
be retained for at least the minimum time period so required by state
law and regulation.
A.
The Code Enforcement Officer shall annually submit to the Board of Trustees of the Village of Penn Yan a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 92-33, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit
to the Secretary of State, on behalf of the Village, on a form prescribed
by the Secretary of State, a report of the activities of the Village
relative to administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer 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 Village
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of the Village
of Penn Yan in connection with administration and enforcement of the
Uniform Code.
A.
Notice of violation. The Code Enforcement Officer
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 Code Enforcement Officer shall issue a notice of violation. The
notice of violation 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 this chapter law;
4) specify the provision or provisions of the Uniform Code, the Energy
Code, or this chapter 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. 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 certified mail. 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 certified
mail; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the notice of violation.
B.
Appearance tickets. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any
violation of the Uniform Code.
C.
Penalties. Any violation of the provisions of this
chapter or any order issued pursuant to the provisions of this chapter
shall constitute a violation punishable by a fine not to exceed $250,
by incarceration for not more than 15 days, or by both such fine and
incarceration. In the event that any violation is ongoing or continuous,
each period of 24 hours thereof shall constitute a separate and distinct
offense and may be prosecuted as such.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Village, 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, notice
of violation, 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 obtained under the Uniform Code, the Energy Code or this
chapter, an action or proceeding may be commenced in the name of this
Village, 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 Board
of Trustees of the Village of Penn Yan.
E.
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 § 92-26 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 § 92-26 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.
A fee schedule shall be established by resolution
of the Board of Trustees of the Village of Penn Yan. 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 compliance/use,
certificates of occupancy, temporary certificates, operating permits,
firesafety and property maintenance inspections, and other actions
of the Code Enforcement Officer described in or contemplated by this
chapter.
The Board of Trustees of the Village of Penn
Yan may, by resolution, authorize the Mayor to enter into an agreement,
in the name of the Village, with other governments to carry out the
terms of this article, provided that such agreement does not violate
any provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
If any section of this chapter shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder of this chapter.
