Town of Clay, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clay as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Planning and Development — See Ch. 14, Art. III.
Excavations — See Ch. 100.
Fire prevention — See Ch. 108.
Flood damage prevention — See Ch. 112.
[Adopted 9-17-1954]
The Town Board of the Town of Clay hereby accepts the applicability of the State Building Construction Code for the Town of Clay in accordance with the provision of § 374-a of the Executive Law.
The Town Clerk be, and hereby is, instructed to file a certified copy of this article in the principal office of the State Building Code Commission at 1740 Broadway, New York 19, New York, and in the office of the Secretary of State at Albany, New York.
[Adopted 5-1-1978 as Ch. 26 of the 1978 Code]
The purpose of this article is to provide for enforcement procedures in the Town of Clay, Onondaga County, New York, of the New York State Building Construction Code,[1] made applicable to the Town of Clay October 15, 1954.
[1]
Editor's Note: The former State Building Construction Code is now known as the "New York State Uniform Fire Prevention and Building Code."
The Commissioner of Planning and Development is hereby designated as the enforcement officer of the New York State Uniform Fire Prevention and Building Code. He shall be assisted by such officers and employees of the Department of Planning and Development as he deems necessary for the proper enforcement of this article and they may exercise any portion of his powers and duties set forth in this article.
No officer or employee of the Department of Planning and Development shall engage in any activity inconsistent with his duties or with the interests of the Department of Planning and Development; nor shall he, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of Clay excepting only that this provision shall not prohibit any officer or employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.
A. 
Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Commissioner of Planning and Development shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code and laws, ordinances, and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.
B. 
He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with the New York State Uniform Fire Prevention and Building Code and laws, ordinances, rules and regulations governing building construction.
C. 
He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of the New York State Uniform Fire Prevention and Building Code and such laws, ordinances, rules or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from officers or employees of the Department of Planning and Development or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
D. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of the New York State Uniform Fire Prevention and Building Code, applicable laws, ordinances, rules or regulations, covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories, or service bureaus or agencies.
A. 
The Commissioner of Planning and Development shall keep permanent official records on all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records open to public inspection during business hours.
B. 
The Commissioner of Planning and Development shall annually submit to the Town Board a written report and summary of all business conducted by the Commissioner of Planning and Development, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
[Amended 7-20-2009 by L.L. No. 3-2009]
The Commissioner of Planning and Development may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the prevailing law enforcement agency and Fire and Health Departments or officers, and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Commissioner of Planning and Development for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. 
Application for a building permit shall be made to Commissioner of Planning and Development on forms provided by him and shall contain the following information:
(1) 
A description of the land on which the proposed work is to be done.
(2) 
A statement of the use or occupancy of all parts of the land and of the building or structure.
(3) 
The valuation of the proposed work.
(4) 
The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers, if any of them are corporations.
(5) 
A brief description of the nature of the proposed work.
(6) 
A duplicate set of plans and specifications as set forth in Subsection D of this section.
(7) 
Such other information as may reasonably be required by the Commissioner of Planning and Development to establish compliance of the proposed work with the requirements of the New York State Construction Code, applicable building laws, ordinances, rules and regulations.
C. 
Application shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
D. 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, and showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks, and alleys, and, where required by the Commissioner of Planning and Development, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
E. 
Plans and specifications shall bear the signature of the person responsible for the design and drawings. The Commissioner of Planning and Development may waive the requirements for filing plans.
F. 
The applicant shall submit proof of workers' compensation insurance and disability benefits coverage or an affidavit that the applicant has not engaged an employer or any employees to perform work relating to the building permit.
[Added 8-20-2001 by L.L. No. 1-2001]
G. 
Amendments to the application or the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Commissioner of Planning and Development.
A. 
The Commissioner of Planning and Development shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.
B. 
Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
C. 
Upon the approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Commissioner of Planning and Development and the other set shall be returned to the applicant together with the building permit and shall be kept at the building site open to inspection by the Commissioner of Planning and Development or his authorized representative at all reasonable times.
D. 
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the applicable building regulations, the Commissioner of Planning and Development shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Commissioner of Planning and Development shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
A. 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Commissioner of Planning and Development may allow a maximum of two extensions for periods not exceeding three months each.
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the New York State Uniform Fire Prevention and Building Code, applicable building laws, ordinances, rules or regulations. All work shall conform to the approved application, plan and specifications.
[Amended 6-6-1988 by Ord. No. 88-01; 8-16-1999 by Ord. No. 99-02; 8-20-2001 by L.L. No. 1-2001]
A. 
Upon the filing of an application for a building permit, fees shall be payable as provided in Chapter 105, Fees.
B. 
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fee paid shall not be refunded.
C. 
Where work has commenced prior to obtaining a building permit, fees shall be payable as provided in Chapter 105, Fees. Said fee shall be applied to such violations on or after January 1, 2003.
[Added 11-6-2002 by Ord. No. 2002-01]
The Commissioner of Planning and Development may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Commissioner of Planning and Development.
Whenever the Commissioner of Planning and Development has reasonable ground to believe that work on any building or structure is being prosecuted in violation of the provisions of the New York State Uniform Fire Prevention and Building Code, applicable building laws, ordinances, rules or regulations, or not in conformity with the provisions of an application, plan or specification on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work and any such person shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
Any building official, or employee, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
A. 
No building hereafter erected shall be used or occupied in whole or part until a certificate of occupancy shall have been issued by the Commissioner of Planning and Development.
B. 
No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Commissioner of Planning and Development.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Commissioner of Planning and Development.
D. 
The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Commissioner of Planning and Development an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans, and as erected complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
A. 
Before issuing a certificate of occupancy, the Commissioner of Planning and Development shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
B. 
There shall be maintained in the Department of Planning and Development a record of all such examinations and inspections together with a record of findings of violations of the law.
A. 
When, after final inspection, it is found that the proposed work has been completed in accordance with the New York State Uniform Fire Prevention and Building Code, applicable building laws, ordinances and rules or regulations; and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Commissioner of Planning and Development shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Commissioner of Planning and Development shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
B. 
A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application and the building or portion thereof may thereafter be occupied as though a certificate of occupancy had been issued.
C. 
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the New York State Uniform Fire Prevention and Building Code, applicable building laws, ordinances and rules or regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
Upon request, the Commissioner of Planning and Development may issue a temporary certificate of occupancy for a building or structure or part thereof, before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the New York State Uniform Fire Prevention and Building Code and other applicable building laws, ordinances, or regulations, the Commissioner of Planning and Development may require the same to be subjected to tests in order to furnish proof of such compliance.
[Amended 12-3-1990 by Ord. No. 90-04]
The chief inspector and each of the duly appointed inspectors of any qualified electrical inspection agencies as designated and appointed by the Town Board of the Town of Clay are hereby authorized and deputized as agents of the Town of Clay to make inspections and reinspections of all electrical installations hereinafter described, and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Town of Clay.
[Amended 12-3-1990 by Ord. No. 90-04]
A. 
It shall be the duty of the Inspector to report in writing to the Commissioner of Planning and Development all violations of or deviations from or omissions of the electrical provisions of the New York State Uniform Fire Prevention and Building Code and this Municipal Code. The inspector shall make inspections and reinspections of electrical installations in and on properties in the Town upon the written request of an authorized official of the Town of Clay as herein provided.
B. 
The inspector is authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment in and on properties with the Town of Clay where he deems it necessary for the protection of life and property.
C. 
In the event of an emergency, it is the duty of the inspector to make electrical inspections upon the oral request of an official or officers of the Town of Clay.
D. 
It shall be the duty of the inspector to furnish written reports to the proper officials of the Town of Clay and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection.
E. 
He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with the New York State Uniform Fire Prevention and Building Code or with the Municipal Code and he shall direct that a copy of the certificate of compliance be sent to the Commissioner of Planning and Development.
[Amended 12-3-1990 by Ord. No. 90-04]
The schedules of rates charged for inspection shall be filed with the Town Clerk and the Commissioner of Planning and Development.
[Amended 12-3-1990 by Ord. No. 90-04]
This article shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electrical wiring, devices, appliances or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the Town of Clay or any qualified electrical agencies as designated by the Town Board of the Town of Clay be deemed to have assumed any such liability by reason of any inspection made pursuant to this article.
[Amended 12-3-1990 by Ord. No. 90-04]
A. 
It shall be a violation of §§ 81-21 through 81-24 for any person, firm or corporation to install or cause to be installed, or to alter or repair, electrical wiring for light, heat or power in or on properties in the Town until an application for inspection has been filed with the qualified electrical inspection agencies as designated and appointed by the Town Board of the Town of Clay.
B. 
It shall be a violation of §§ 81-21 through 81-24 for a person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power, to any source of electrical energy supply, prior to the issuance of a temporary certificate, or a certificate of compliance, by any qualified electrical inspection agencies as designated and appointed by the Town Board of the Town of Clay.
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this article or to fail in any manner to comply with a notice, directive or order of the Commissioner of Planning and Development, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
[Amended 8-20-2001 by L.L. No. 1-2001]
B. 
Any person who shall fail to comply with a written order of the Commissioner of Planning and Development within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this article or any lawful order, notice, directive, permit or certificate of the Commissioner of Planning and Development made thereunder shall be punishable by a fine of not more than $1,000 per day or imprisonment not exceeding one year, or both. Each week's continued violation shall constitute a separate additional violation.
[Amended 6-20-1988 by Ord. No. 88-02; 8-20-2001 by L.L. No. 1-2001]
C. 
Such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any liability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.
D. 
This section shall not apply to violations of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of the State of New York; nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
[Amended 8-20-2001 by L.L. No. 1-2001]
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and these remedies shall be in addition to the penalties prescribed in the preceding section.