[HISTORY: Adopted by the Town Board of the Town of Chester 10-8-1991 by L.L. No. 6-1991. Amendments noted where applicable.]
Unfit buildings — See Ch. 38.
Electrical standards — See Ch. 45.
Flood damage control — See Ch. 52.
Stoves and fireplaces — See Ch. 79.
Subdivision of land — See Ch. 83.
Zoning — See Ch. 98.
Editor's Note: This local law also superseded former Ch. 50, Fire Prevention, which consisted of a reference statement concerning the resolution of 8-2-1977 which accepted the State Fire Prevention Code. In addition, this local law superseded former Ch. 36, Building Construction, which consisted of a reference statement concerning the resolution of 5-6-1958 which accepted the State Building Construction Code.
This chapter shall provide for administration and enforcement of the New York State Uniform Fire Prevention (9 NYCRR Part 1150, 1280), Flood Damage Control Regulations (6 NYCRR Part 500) and Building Code (Uniform Code 9 NYCRR Part 650, 1230, 1240,) in the Town of Chester. This chapter is adopted pursuant to Section 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.
The Town Board may, by resolution, authorize the Supervisor to enter into a contract with other governments to carry out the terms of this chapter.
The Office of Building Inspector(s) for the Town is hereby created and shall be administered by such person(s) as may be appointed by Town Board. The Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time constraints proscribed by law, obtain such training as the State of New York shall require for code enforcement officials.
In the absence of the code enforcement official or in the case of his inability to act for any reason, the Town Board shall designate a person to act in behalf of the code enforcement official and to exercise all the powers conferred upon him by this chapter.
The Town Board may appoint one inspector or more, as the need may appear, to act under the supervision and direction of the Building Inspector as directed by him.
The compensation for the Building Inspector(s) and/or Acting Building Inspector(s) shall be fixed and adjusted as needed by the Town Board.
The Building Inspector(s) 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 Town Board and maintaining and filing all records necessary for the administration of the office to the satisfaction of the Town Board. The Building Inspector is authorized to pursue administrative actions on behalf of and in the name of the people of the Town of Chester and in consultation with the Town Attorney, and/or 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 Chester or of the State of New York.
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, storage shed or other structure or any portion thereof or install a solid fuel burning heating appliance, a chimney or flue in any dwelling unit, without first having obtained a permit from the code enforcement official.
Mining, grading and filling permit required.
[Added 11-9-1993 by L.L. No. 10-1993]
No person, firm, corporation, association or partnership shall commence or cause to be commenced any earthmoving activities, including but not limited to excavation, clearing, stripping, filling with uncontaminated fill per 6 NYCRR Part 360.7.1(b)(1)(i), grading or removal of soil, rock and other materials in excess of 100 cubic yards of material per year and that has not been part of a site plan approval by the Planning Board per § 98-30 of the Town Code, without first making an application to and obtaining approval from the Town Building Inspector to do so. Any such removal or excavation of soil shall also comply with the provisions of § 98-12 of the Town Code and the applicable provisions of the New York State Mined Land Law.
If the grading, mining or filling is not part of an application that requires site plan approval by the Planning Board and is the subject of a validly approved building permit, then no additional permit is required under this section.
If, in the opinion of the Building Inspector, upon consultation with the Town Engineer, the application may result in significant impacts on the surrounding properties or change to the existing lots, including but not limited to change to or increase in stormwater runoff, soil erosion or a grade change in excess of 10% overall, the Building Inspector shall refer such application to the Town Planning Board for site plan review in accordance with §§ 98-12 and 98-30 of the Town Code and SEQR.
Editor's Note: This local law also provided for the renumbering of former Subsection A(2) as Subsection A(3).
No permit shall be required for:
Necessary repairs which do not materially affect structural features.
Alterations to existing buildings, provided that the alterations:
Cost less than $500.
Do not materially affect structural features.
Do not affect firesafety features such as smoke detectors, sprinklers and required fire separations exits.
Do not involve the installation or extension of electrical systems.
Do not include the installation of solid fuel burning heating appliances and associated chimneys flues.
Nonresidential farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for "agricultural purposes," which shall be defined for purposes of this chapter as uses which do not principally support a residential use.
Application for a permit.
The application for a building permit and its accompanying documents shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.
The form of the permit and application therefor shall be prescribed by the code enforcement official. The application shall be signed by the owner, or his authorized agent, of the building and shall contain at least the following:
The full name and address of the owner and, if by a corporation, the name and addresses of the responsible officials.
Identification and/or description of the land on which the work is to be done.
A description of the use or occupancy of the land and existing or proposed building.
A description of the proposed work.
Three sets of plans and specifications for the proposed work.
The required fee.
The Building Inspector may waive the requirement of plans and specifications when the work to be done involves minor alterations or is otherwise unnecessary.
Each applicant shall notify the Building Inspector 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 Building Inspector prior to the commencement of such change of work.
A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains.
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.
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:
[Amended 5-2-2000 by L.L. No. 3-2000; 3-11-2008 by L.L. No. 1-2008]
Fees assessed under this chapter shall be accordance with the duly adopted Town of Chester Fee Schedule as promulgated by the Town Board and as amended from time to time by resolution of the Town Board. Copies of said Fee Schedule shall be available in both the office of the Town Building Inspector and in the office of the Town Clerk.
Building Permit forms and applications shall clearly recite the fees required to be paid at the time of the application.
No building erected subject to the New York State Uniform Fire Prevention and Building Code and flood damage control regulations shall be used or occupied, except to the extent authorized hereunder, until a certificate of occupancy has been issued. No building similarly enlarged, extended or altered or upon which work has been performed which requires the issuance of a building permit 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.
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 ensure safety and to protect the interest of the Town.
Inspections during construction.
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 or applicant or his agent to inform the Inspector that the work is ready for inspection and to schedule such inspection.
If permission to make an inspection is refused or cannot be obtained, the Town Board, after being notified by the inspector of the situation, may seek for an order from any court of competent jurisdiction, directing the making of said inspection.
Fire prevention and safety inspections.
Multiple dwellings shall be inspected for the purpose of determining compliance with fire prevention and housing maintenance requirements of the Uniform Code at least once in 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.
Firesafety inspections of buildings or structures having areas of public assembly as defined in Part 606 of Title 9 of the Official Compilation of Codes, Rules and Regulations shall be performed at least once in every 12 months.
All other buildings, uses and occupancies (except one- or two-family dwellings) shall be inspected at least once in every 24 months.
An inspection of a building or dwelling unit may also be performed at any other time upon:
Such inspections shall be performed by the Building Inspector.
Upon determination that a violation of the Uniform Code or this chapter exists in, on or about any building or premises, the Building Inspector shall order in writing the remedying of the condition within a term of not less than 24 hours. Such order shall state the specific provision of the Uniform Code which the particular condition violates and shall grant such additional 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 registered mail.
In addition to those penalties proscribed 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 Building and Firesafety Inspector, shall be liable to a civil penalty of not more than $250 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 or the people of the State of New York.
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 valid certificate of occupancy.
The Building Inspector may, upon good faith belief that the work on any building or structure is being performed in violation of the provisions of the applicable building laws, ordinances, rules or regulations or not in conformity with the provisions of a previously issued building permit or in an unsafe, unhealthful and dangerous manner, notify the owner of the property or the owner's agent to suspend all work activities until a proper showing can be made evidencing compliance with the appropriate statute or code work order has been rescinded. Such order and notice shall be made in writing, shall state the conditions under which the work may be resumed, shall be valid after service upon a person to whom it is directed either by delivering it personally or by posting the same in a conspicuous location of the building or structure where the work is being performed and sending a copy of the same by registered mail at the address provided in the application for the permit to construct.
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, 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 Town Board and notices and orders issued. All such records shall be public records. 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.
The Building Inspector shall submit monthly written reports to the Town Board summarizing all business conducted by the Building Department, including approvals, permit and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.