[HISTORY: Adopted by the Town Board of the
Town of West Seneca 3-26-2007 by L.L. No. 3-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded
the resolution adopted 9-9-1985 regarding the adoption, by reference,
of the New York State Fire Prevention and Building Code dated January
1984.
This chapter shall provide for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (Uniform Code) in the Town of West Seneca. This chapter
is adopted pursuant to § 10 of Article 2 of the Municipal
Home Rule Law. Except as otherwise provided within this chapter, state
law, or within the Uniform Code, all premises, regardless of use,
are subject to the provisions which follow.
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 thereof.
A.
The position of Code Enforcement Official is hereby
created and shall be filled by appointment of the West Seneca Town
Board. The Code Enforcement Official shall possess background experience
related to building construction and/or fire prevention and shall,
within the time constraints prescribed by law, obtain such training
as the State of New York shall require for code enforcement personnel.
B.
In the absence of the Code Enforcement Official and
his assistants, or in the case of their inability to act for any reason,
the Town Supervisor shall have the power, with the consent of the
West Seneca Town Board, to designate a person to act on behalf of
the Code Enforcement Official and to exercise all the powers conferred
upon him by this chapter.
C.
The Town Supervisor, with the approval of the West
Seneca Town Board, may appoint one Inspector, or more, as the need
may appear, to act under the supervision and direction of the Code
Enforcement Official.
D.
The compensation for the Code Enforcement Official
or acting Code Enforcement Official shall be fixed and adjusted as
needed by the West Seneca Town Board.
E.
The Code Enforcement Official shall administer and
enforce all the provisions of the Uniform Code and the provisions
of this chapter, including receiving building permit applications,
reviewing plans and specifications, conducting inspections, issuing
permits for the erection, alteration, relocation, addition, repair
and/or demolition of buildings and structures, issuing certificates
of occupancy, collecting fees as set forth by the West Seneca Town
Board and maintaining and filing all records necessary for the administration
of the office to the satisfaction of the West Seneca Town Board. The
Code Enforcement Official is authorized to pursue administrative actions
and, in consultation with the Town Attorney, legal action, as necessary,
to abate conditions not in compliance with the New York State Uniform
Fire Prevention and Building Code, this chapter, or other laws, rules
or regulations of the Town of West Seneca or of the State of New York.
A.
Permit required.
(1)
Except
as hereinafter provided, no person, firm, corporation, association
or partnership shall commence the construction, enlargement, alteration,
improvement, removal, relocation or demolition of any building or
structure or any portion thereof, or install a solid-fuel-burning
heating appliance, chimney or flue in any building or structure without
first having obtained a permit from the Code Enforcement Official.
(2)
Permit
requirements for a change in commercial occupant. Prior to occupying
any commercial space within any building in the Town of West Seneca,
a change in commercial occupant permit must be applied for and approved
by the Building Department. If you are proposing a new store or business
within the Town of West Seneca, whether it involves a purchase or
lease of a storefront, commercial space or portion of an existing
building, plans must be presented to the Building Department for the
utilization of such commercial space/building. Plans are required
even if there are no proposed alterations or renovations. A permit
and plan requirement is necessary so that the Building Department
can confirm that the proposed business is permitted under the Zoning
Law[1] and that the intended use of the space/building complies
with the existing Building Code of New York State.
[Added 11-28-2011 by L.L. No. 5-2011]
B.
Application for permit.
(2)
The form of the permit and application therefor shall
be prescribed by the Code Enforcement Official. The application shall
be signed by the owner of the building or his authorized agent and
shall contain at least the following:
(a)
Full name and address of the owner and, if by a corporation,
the name and addresses of the responsible officials;
(b)
Identification and/or description of the land on which
the work is to be done;
(c)
Description of use or occupancy of the land and existing
or proposed building (legal survey);
(d)
Description of the proposed work;
(e)
Two sets of plans and specifications for the proposed
work; and
(f)
The required fee.
(3)
The Code Enforcement Official may waive the requirement
of plans and specifications when the work to be done involves minor
alterations or is otherwise unnecessary.
(4)
The applicant shall notify the Code Enforcement Official
of any changes in the information contained in the application during
the period for which the permit is in effect. A permit will be issued
when the application has been determined to be complete and when the
proposed work has been determined to conform to the requirements of
the Uniform Code. The authority conferred by such permit may be limited
by conditions, if any, contained therein. Amendments, if any, to the
application or to the plans and specifications accompanying the same
shall be filed with the Code Enforcement Official prior to the commencement
of such change of work.
C.
General requirements.
(1)
A building permit issued pursuant to this chapter
shall be prominently displayed on the property or premises to which
it pertains.
(2)
A building permit issued pursuant to this chapter
may be suspended or revoked if it is determined that the work to which
it pertains is not proceeding in conformance with the Uniform Code
or with any condition attached to such permit, or if there has been
misrepresentation or falsification of a material fact in connection
with the application for the permit.
(3)
A building permit issued pursuant to this chapter
shall expire one year from the date of issuance or upon the issuance
of a certificate of occupancy (other than a temporary certificate
of occupancy), whichever occurs first. The permit may, upon written
request, be renewed for successive one-year periods, provided that:
D.
The penalty for commencing work without the required
permit shall be double the normal fee.
A fee schedule shall be established, and changed
as needed, by resolution of the West Seneca Town Board. Such fees
may be charged for the issuance of permits, certificates of occupancy,
temporary certificates of occupancy, and for fire safety inspections.
A.
No building erected subject to the New York State
Uniform Fire Prevention and Building Code shall be used or occupied,
except to the extent authorized hereunder, until a certificate of
occupancy has been issued. No buildings similarly enlarged, extended,
or altered, or upon which work has been performed, shall be occupied
or used more than 30 days after the completion of the alteration or
work unless a certificate of occupancy has been issued. No change
shall be made in the nature of the occupancy of an existing building
unless a certificate of occupancy authorizing the change has been
issued. The owner or his agent shall make application for a certificate
of occupancy.
B.
A temporary certificate of occupancy may be issued
if the building or structure, or a designated portion of a building
or structure, is sufficiently complete that it may be put to the use
for which it is intended. A temporary certificate of occupancy shall
expire six months from the date of issuance or at an earlier date
if so specified. A temporary certificate of occupancy may, at the
discretion of the Code Enforcement Official and upon payment of an
additional fee as specified for a temporary certificate of occupancy,
be renewed. The Code Enforcement Official may place special conditions
on temporary certificates of occupancy, as necessary, to insure safety
and to protect the interest of the Town of West Seneca.[1]
[1]
Editor's Note: Former Subsection C, concerning the requirement
for an up-to-date certificate of occupancy upon transfer of ownership,
which immediately followed this subsection, was repealed 3-26-2012
by L.L. No. 2-2012.
A.
Inspections during construction:
(1)
Work for which a building permit has been issued hereunder
shall be inspected for approval prior to enclosing or covering any
portion thereof and upon completion of each stage of construction,
including but not limited to building location, site preparation,
excavation, foundation, framing, superstructure, electrical, plumbing,
and heating and air conditioning. It shall be the responsibility of
the owner, applicant, or his agent to inform the inspector that the
work is ready for inspection and to schedule such inspection.
(2)
For work which requires special inspection during
construction it shall be the responsibility of the owner, applicant,
or his agent to provide a list, at their expense. A statement of the
special inspections, including a complete list of materials and work
requiring such inspections, and a list of the individuals and approved
agencies shall be provided to the Code Enforcement Official for the
permit application file. The reports of such special inspections shall
be provided to the Code Enforcement Official for the permanent record.
(3)
If entrance to make an inspection is refused or cannot
be obtained, the West Seneca Town Board, after being notified by the
inspector of the situation, may apply to any court of competent jurisdiction
for an order to make an inspection.
B.
Fire prevention and property maintenance inspections.
(1)
Multiple dwellings shall be inspected for the purpose
of determining compliance with fire prevention and property maintenance
requirements of the Uniform Code at least once every 36 months. Inspections
of such buildings shall include the common areas such as halls, foyers,
staircases, etc., and vacant dwelling units. Where the tenants of
occupied dwelling units allow, the inspection may include such units.
(2)
Fire safety inspections of buildings or structures
having areas of public assembly, as defined in Section 303 of the
Building Code of New York State (19 NYCRR Part 1221), shall be performed
at least once every 12 months.
(3)
All other buildings, uses and occupancies (except
one- or two-family dwellings) shall be inspected at least once every
24 months.
(4)
An inspection of a building or dwelling unit may also
be performed at any other time upon:
A.
Upon determination that a violation of the Uniform
Code or this chapter exists in, on, or about any building or premises,
the Code Enforcement Official shall order, in writing, the remedying
of the condition. Such order shall state the specific provision of
the Uniform Code which the particular condition violates and shall
grant such time as may be reasonably necessary for achieving compliance
before proceedings to compel compliance shall be instituted. Such
order shall be served personally or by notification by certified mail.
B.
In addition to those penalties prescribed by state
law, any person, firm or corporation who violates any provision of
the Uniform Code or any rule or regulation of this chapter, or the
terms or conditions of any certificate of occupancy issued by the
Code Enforcement Official, shall be liable for a civil penalty of
not more than $200 for each day or part thereof during which such
violation continues. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of the Town
of West Seneca on its own initiative or at the request of the Code
Enforcement Official.
C.
Alternatively, or in addition to an action to recover the civil penalties provided by Subsection B, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce any provision of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Official.
Whenever the Code Enforcement Official has reason
to believe that the work on any building or structure is being performed
in violation of the provisions of the applicable building laws, ordinance,
rules or regulations, or not in conformity with the provisions of
an application, or in an unsafe and dangerous manner, he shall notify
the owner of the property, or the owner's agent, to suspend all work
and suspend all building activities until the stop-work order has
been rescinded. Such order and notice shall appear in writing, shall
state the conditions under which the work may be resumed and may be
served upon a person to whom it is directed either by delivering it
personally to him, or by posting the same upon a conspicuous portion
of the building where the work is being performed and sending a copy
of the same to him by certified mail at the address set forth in the
application for the permission of the construction of such building.
A.
The Code Enforcement Official shall keep permanent
official records of all transactions and activities conducted by his
office, including all applications received, plans approved, permits
and certificates issued, fees charged and collected, inspection reports,
all rules and regulations promulgated by him with the consent of the
West Seneca Town Board, and notices and orders issued. 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.
B.
The Code Enforcement Official shall annually submit
to the West Seneca Town Board a written report and summary of all
business conducted by his office, including approvals, permits and
certificates issued, and fees collected.
