[HISTORY: Adopted by the Town Board of the
Town of Hurley 3-27-1990 by L.L. No. 1-1990; amended in its entirety 8-14-2008 by L.L. No.
1-2008. Subsequent amendments noted where applicable.]
This chapter 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 the Town of Hurley. This chapter is adopted pursuant
to § 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, other state law, or other section of
this chapter, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this chapter.
[Amended 11-22-2022 by L.L. No. 7-2022]
A.
The office of Code Enforcement Officer as previously established
in the Town of Hurley is hereby continued except as modified herein.
The Code Enforcement Officer shall administer and enforce all the
provisions of the New York State Uniform Code and Energy Code. 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 use, temporary certificates and operating permits,
and the plans, specifications and construction documents submitted
with such applications;
(2)
Upon
approval of such applications, to issue building permits, certificates
of occupancy, temporary certificates and operating permits, and to
include in building permits, 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 occupancy; temporary certificates and operating
permits, fire safety and property maintenance inspections, inspections
incidental to the investigation of complaints and all other inspections
required or permitted under any provision of this chapter;
(4)
To issue
stop-work orders and/or compliance orders;
(5)
To review
and investigate complaints;
(7)
To maintain
records;
(8)
To collect
fees as set by the Town Board;
(9)
To pursue
administrative enforcement actions and proceedings and/or criminal
proceedings to enforce provisions of the Uniform Code and/or Energy
Code;
(10)
In
consultation with the Town Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code or
the Energy Code, or to abate or correct conditions not in compliance
with the Uniform Code or the Energy Code;
(11)
To
issue certificates of compliance in accordance with § 1702.1
of the Uniform Code; and
(12)
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 Town Board.
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. 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 Town Board 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 chapter.
D.
One or more
inspectors may be appointed by the Town Board 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 Town Board of this Town.
[1]
Editor's Note: Former § 97-3, Acting Code Enforcement
Officer, was repealed 11-22-2022 by L.L. No. 7-2022.
[1]
Editor's Note: Former § 97-4, Appointment of inspectors,
was repealed 11-22-2022 by L.L. No. 7-2022.
A.
Except as hereinafter provided in Subsection K of this section, no person, firm, corporation, association or partnership shall commence the construction, enlargement, alteration, improvement, removal or demolition of any building or structure or any portion thereof, or install a solid-fuel-burning heating apparatus, chimney or flue in any dwelling unit, without first having obtained a permit from the Code Enforcement Officer.
B.
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
and all local zoning and planning legislation.
C.
The
form of the permit and application therefor shall be prescribed by
resolution of the Town Board. The application shall be signed by the
owner, or his or her authorized agent, of the building or work and
shall contain at least the following:
(1)
Name and address of the owner.
(2)
Identification and/or description of the land on which the work is
to be done, including deed of record.
(3)
Description of use or occupancy of the land and existing or proposed
building.
(4)
Description of the proposed work.
(5)
Estimated cost of the proposed work.
(6)
Statement that the work shall be performed in compliance with the
Uniform Code and applicable state and local laws, ordinances and regulations.
(7)
Required fee.
D.
Such
application shall be accompanied by such documents, drawings, two
sets of plans (including plot plan) and specifications as the applicant
shall deem adequate and appropriate for compliance with this chapter,
or as the Enforcement Officer may require as being necessary or appropriate
in his or her judgment. The applicant may confer with the Enforcement
Officer in advance of submitting his or her application to discuss
the Enforcement Officer's requirements for same.
E.
Any
plan, including plot plan, or specifications which comprise a portion
of the application, whether submitted subsequently upon requirement
by the Enforcement Officer, shall be stamped with the seal of an architect
or professional engineer or land surveyor licensed in this state and
shall in all respects comply with § 7209 of the Education
Law of the State of New York as same may be amended from time to time.
F.
Applicant
shall notify the Enforcement Officer 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 is 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.
G.
A
building permit issued pursuant to this chapter shall be prominently
displayed on the property or premises to which it pertains.
H.
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.
I.
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:
J.
Inspections.
(1)
Work for which a building permit has been issued must be inspected
and approved by the Building Inspector:
(a)
Prior to enclosing or covering any portion thereof; and
(b)
Upon completion of each stage of construction, including, but
not limited to, building location, footings, foundations, waterproofing,
footing drains, framing, plumbing, heating and air conditioning, electrical,
compliance with energy code, fire protection and detection systems,
final inspection.
K.
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 the 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; or
(9)
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.
L.
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 K of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
A.
Purpose.
In order to ensure that all work authorized by a building permit complies
with the conditions of the permit and the Uniform Building Code and
this chapter, the Code Enforcement Officer shall conduct a final inspection
of work undertaken subsequent to the issuance of a building permit.
B.
Issuance
of certificate.
(2)
A certificate of occupancy shall be issued only if the proposed use of the building or land conforms to the provisions of the New York State Uniform Fire Prevention and Building Code and Chapter 210, Zoning, of the Code of the Town of Hurley. The Code Enforcement Officer shall make or cause to have made an inspection of each building or lot for which a certificate of occupancy is to be issued.
(3)
Temporary certificate.
(a)
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.
(b)
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.
(c)
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.
C.
Violations.
It shall be unlawful for any person, firm or corporation to use or
occupy any building or structure or portion thereof in violation of
any provision of the New York State Uniform Fire Prevention and Building
Code, or any amendment hereafter made thereto, as well as any regulation
or rule promulgated by the Town Board, or to fail to comply with a
notice, order or directive of the Code Enforcement Officer, or to
use or occupy any building or structure or part thereof in a manner
not permitted by an approved certificate of occupancy.
A.
All
dwelling units in a building consisting of three or more such units
shall be inspected for the purpose of determining compliance with
safety requirements of the Uniform Code at least once in every 36
months. Inspection of the common areas of such building, such as halls,
foyers, staircases, etc., shall be inspected at least once in every
24 months.
B.
Firesafety
inspections of buildings or structures with areas of public assembly,
shall be performed at least once every 12 months.
C.
All
other buildings, uses and occupancies, except one-family dwellings,
shall be inspected at least once in every 24 months.
D.
An
inspection of a building or dwelling unit shall be performed at any
other time upon:
E.
Firesafety
and property maintenance inspections of buildings or structures being
occupied as dormitories shall be performed at least once every 12
months.
F.
Such inspections shall be performed by the Code Enforcement Officer.
A.
The
Code Enforcement Officer shall keep permanent official records of
all transactions and activities conducted by him or her, including
all applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, all rules
and regulations promulgated by the municipality, and notices and orders
issued. All such reports shall be public information open to the public
inspection during normal business hours.
B.
The
Code Enforcement Officer shall annually submit to the Town Board a
written report of all business conducted.
A.
Whenever
the Code Enforcement Officer has reasonable grounds to believe that
work on any building or structure is proceeding without permit or
is otherwise in violation of the provisions of any applicable law,
code, ordinance or regulation or is not in conformity with any of
the provisions of the application, plans or specifications on the
basis of which a permit was issued, or is being conducted in an unsafe
and dangerous manner, he or she shall notify either the owner of the
property or the owner's agent or the person, firm or corporation performing
the work to immediately suspend all work. In such instance, any and
all persons shall immediately suspend all related activities until
the stop-work order has been duly rescinded.
B.
Such
stop-work order shall be in writing on a form prescribed by the Code
Enforcement Officer and shall state the reasons for the stop-work
order, together with the date of issuance. The stop-work order shall
bear the signature of the Code Enforcement Officer or that of an assistant
and shall be prominently posted at the work site.
A.
Any person or corporation who shall willfully fail to comply with
a written order of the Code Enforcement Officer and/or Fire Marshal
within the time fixed for compliance herewith and any owner, builder,
architect, tenant, contractor, subcontractor, plumber, construction
superintendent, or their agents, or any other person taking part of
assisting in the construction or use of any building who shall violate
any of the applicable provisions of this chapter or any lawful order
notice, directive, permit or certificate of the Code Enforcement Officer
and/or Fire Marshal made thereunder or in addition to any other penalties
provided for in this chapter, any person who shall violate any of
the provisions of this chapter, the Uniform Code, any rules or regulations
adopted pursuant to this chapter or who shall violate or fail to comply
with any order made thereunder, or who shall build in violation of
any detailed statement of specifications or plans submitted and approved
thereunder, shall severally for each and every violation be guilty
of a misdemeanor, punishable by a fine of not more than $1,000 per
day of violation or by imprisonment for not more than one year, or
both. The imposition of one penalty for any violation shall not excuse
the violation nor permit it to continue; and all such persons shall
be required to correct or remedy such violation or defects within
a reasonable time; and when not otherwise specified, each day that
the prohibited condition(s) or violation continues shall constitute
a separate offense. The imposition of any such penalty shall not be
held to prohibit the enforced removal of prohibited conditions by
any appropriate remedy, including immediate application for an injunction.
B.
An action or proceeding in the name of the Town of Hurley, New York may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, Chapter 210, Zoning, of the Code of the Town of Hurley, this chapter, rule or regulation adopted pursuant to this chapter or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
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.
No person, firm or corporation may demolish, destroy or tear
down any structure unless a permit to do so is issued by the Building
Inspector.
Any person, firm or corporation doing construction work in the
Town of Hurley may not work before 7:00 a.m. and must cease work not
later than 10:00 p.m.
Any person, firm or corporation claiming it is adversely affected
or aggrieved by any ruling, decision, determination or order of the
Building Inspector or any other duly qualified personnel acting for
or on behalf of the Town of Hurley under any of the provisions of
this Code shall have the right to appeal any such ruling, decision,
determination or order to the Town Board for final determination by
the Supreme Court of the State of New York. Such appeal must be taken
within 30 days after the determination or order is filed in the office
of the Building Inspector.
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 section 1225.1;
(b)
Hazardous processes and activities, including, but not limited
to, commercial and industrial operations which produce combustible
dust as a byproduct, fruit and crop ripening, and waste handling;
(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; and
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board of the Town of Hurley.
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 be issued
for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to
exceed three years in any other case, as shall be determined by the
Code Enforcement Officer to be consistent with local conditions. The
effective period of each operating permit shall be specified in the
operating permit. An operating permit may be reissued or renewed upon
application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
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.
G.
Fee. The fee specified in or determined in accordance with the provisions
set forth by the Town Board of the Town of Hurley must be paid at
the time submission of an application for an operating permit, for
an amended operating permit, or for reissue or renewal of an operating
permit.
A.
The fee schedule for building and related premises shall be as follows:
(1)
Demolition and repairs:
(a)
Demolition costing up to $1,000: $30 (liability insurance required).
(b)
Demolition costing over $1,000: $30, plus $10 per each additional
$1,000 or any part thereof (liability insurance required).
(c)
Repairs, alterations, renovations and installations (woodstove,
fence, utility structures): $30 for the first $1,000, and $10 for
each additional $1,000 of the cost (minimum fee of $30).
(2)
For building permits (new construction):
(a)
New construction: $0.50 per square foot. (Note: Decks are new
construction.)
(b)
Plumbing, heating, standpipe, sprinkler, elevator or electrical
work, etc., is included in the term "construction or alteration work."
When filed with complete construction plans, all such work is included
under one fee based on the total cost of the building or structure,
inclusive of such mechanical installations.
(3)
Electrical work:
(a)
Inspector. The Chief Inspector, and each of the duly appointed
inspectors of the third party electrical inspectors list, who have
been approved by the Town Board of the Town of Hurley, are hereby
authorized and deputized as agents of the Town of Hurley to make inspections
and reinspections of all electrical installations heretofore and hereafter
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 Hurley.
(b)
Duties of the inspector. It shall be the duty of the inspector
to report in writing to the Chief Building Inspector, whose duty it
shall be to enforce all the provisions of this Code, all violations
of or deviations from or omissions of the electrical provisions of
the National Electrical Code and of all local laws, ordinances and
the Building Code as referred to in this chapter, insofar as any of
the same apply to electrical wiring. The inspector shall make inspections
and reinspections of electrical installations in and on properties
in the Town of Hurley upon the written request of an authorized official
of the Town of Hurley or as herein provided. The inspector is authorized
to make inspections and reinspections of electrical wiring installations,
devices, appliances and equipment in and on properties within the
Town of Hurley where he deems it necessary for the protection of life
and property. 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 officer of the Town of Hurley. It shall be the duty
of the inspector to furnish written reports to the proper officials
of the Town of Hurley and to the owners and/or lessees of property
where defective electrical installations and equipment are found upon
inspection. He shall authorize the issuing of a certificate of compliance
when electrical installations and equipment are in conformity with
this chapter. He shall direct that a copy of the certificate of compliance
be sent to the Town of Hurley to the attention of the Building Inspector.
(c)
Violations of this chapter. It shall be a violation of this chapter 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 of Hurley until an application for inspection has been filed with any one of the agents set forth in § 97-16A(3) above. It shall be a violation of this chapter 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 certificate of compliance or a certificate of compliance or a certificate of occupancy by any of the agents set forth in § 97-16A(3) above.
(4)
Manufactured home (mobile home) permits. The fee for mobile home
installation permits shall be $300.
(6)
Work started without permit: two times the normal fee.
(7)
Sign fee: $25.
(8)
Upon the request of any person, firm or corporation to the Town Clerk
or the Building Inspector for a certification or letter as to whether
or not a certificate of occupancy or a certificate of compliance has
ever been issued for the property in question, whether or not there
are outstanding building permits and whether or not the building predates
zoning, and all inquiries of a similar character shall be accompanied
by a fee of $75. However, in the event that a Town official or employee,
in order to comply with the request, has to make a field inspection
of the property, an additional fee of $100 should be paid to the Building
Inspector.
(9)
Permit renewal: 30% of original fee.
(10)
Minimal building permit fee: $25.
(11)
Operating permits: $50.
(12)
Firesafety inspections: $0.015 square foot up to $300.
All of the fees set forth in this chapter may be amended by
resolution of the Town Board adopted by a majority vote.
