[HISTORY: Adopted by the Town Board of the
Town of Tully 11-8-2006 by L.L. No. 3-2006. Amendments noted where
applicable.]
[Amended 7-11-2007 by L.L. No. 3-2007]
This chapter shall provide for administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (Uniform Code) in the Town of Tully. This chapter is
adopted pursuant to Article 18 of the Executive Law and § 10
of Article 2 of the Municipal Home Rule Law. Except as otherwise provided
in the Uniform Code, other state law, or other sections of this chapter,
all buildings, structures and premises, regardless of use or occupancy,
are subject to the provisions of this chapter.
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.
A.
Position created; appointment. The office of Code
Enforcement Official is hereby created and shall be administered by
an appointee of the Town Board. The Code Enforcement Official shall
be qualified and possess the training required by the State of New
York or shall, within the time constraints prescribed by law, obtain
such training as the State of New York shall require for code enforcement
officials.
B.
Acting Code Enforcement Official. In the absence of
the Code Enforcement Official or in the case of his or her inability
to act for any reason, the Supervisor shall have the power, with the
consent of the Town Board, to designate a person to act in behalf
of the Code Enforcement Official and to exercise all the powers conferred
upon such position by this chapter.
C.
Appointment of Assistant Code Enforcement Official.
The Supervisor, with the approval of the Town Board, may appoint one
or more assistants, as the need may appear, to act under the supervision
and direction of the Code Enforcement Official as directed by him
or her.
D.
Compensation. The compensation for the Code Enforcement
Official, Acting Code Enforcement Official and Assistant Code Enforcement
Officials shall be fixed and adjusted as deemed necessary by the Town
Board.
E.
Restrictions on officers and employees. No officer
or employee of the Building Department shall engage in any activity
inconsistent with his or her duties or inconsistent with the interests
of the Building Department; nor shall an officer or employee, during
the term of his or her office or 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 in the preparation of plans or specifications therefor
within the Town of Tully. This provision shall not prohibit any officer
or employee from engaging in such activities in connection with the
construction of a building or structure owned by him/her and not constructed
for sale.
F.
Duties and powers of Code Enforcement Official. The
Code Enforcement Official shall administer and enforce all the provisions
of the New York State Uniform Fire Prevention and Building 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 Code Enforcement Official
is authorized to pursue administrative actions and, in consultation
with the Municipal 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 Tully or the State of New York.
[Amended 7-11-2007 by L.L. No. 3-2007]
A.
Except as otherwise provided in § 136-4B hereof, a building permit shall be required for any work which must conform to the Uniform, the Code of Tully and/or this chapter, including, but not limited to, the construction, enlargement, alteration, conversion, 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 dwelling unit.
B.
No permit shall be required for:
(1)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses) which are used for tool and storage
sheds, playhouses or similar uses, provided the gross floor area does
not exceed 144 square feet (13.38 square meters).
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses).
(3)
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.
(4)
Installation of fences which are not part of an enclosure
surrounding a swimming pool.
(5)
Construction of retaining walls unless such walls
support a surcharge or impound Class I, II or IIIA liquids.
(6)
Construction of temporary motion picture, television
and theater stage sets and scenery.
(7)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses).
(8)
Installation of partitions or movable cases less than
five feet nine inches in height.
(9)
Painting, wallpapering, tiling, carpeting, installation
of cabinets, counter tops or other similar finish work.
(10)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances.
(11)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications.
(12)
Repairs which 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; and
(d)
The removal from service of all or part of a
fire protection system for any period of time.
A.
The form of the permit and application therefor shall
be prescribed by a resolution of the Town Board. The application shall
be signed by the owner, or authorized agent, of the building or work
and shall contain at least the following:
(1)
The name and address of the owner.
(2)
Identification or description of the land or premises
on which the work is to be done, including Tax Map number and street
address.
(3)
A description of use or occupancy of the land and
existing or proposed building, including occupancy classification.
(4)
An identification and description of the proposed
work.
(5)
Estimated value of the proposed work.
(6)
A statement that the work shall be performed in compliance with the Uniform Code, the construction documents set forth in Subsection B below, and applicable state and local laws, ordinances and regulations.
(7)
A statement that the Code Enforcement Official shall
be notified immediately in the event of changes occurring during construction.
B.
At least two sets of construction documents (plans,
drawings, and specifications) shall accompany such application. Construction
documents shall not be accepted as part of an application for a building
permit unless such documents:
(1)
Are prepared by a New York State registered architect
or licensed professional engineer where so required by the Education
Law;
(2)
Indicate with sufficient clarity the nature and extent
of the work proposed;
(3)
Substantiate that the proposed work will comply with
the Uniform Code; and
(4)
Include a site plan that shows any existing and proposed
structures on the site, including the location of any existing or
proposed well or septic system, and indicates the location of the
intended work as well as the distances between the structures and
the lot lines.
A.
The Code Enforcement Official shall examine or cause
to be examined all applications for permits and the plans, specifications
and documents filed therewith to ascertain whether proposed construction
is in substantial compliance with the requirements of the Uniform
Code, the Code of Tully and this chapter. He or she shall approve
or disapprove the application within a reasonable time.
[Amended 7-11-2007 by L.L. No. 3-2007]
B.
Upon approval of the application and upon receipt
of the fees therefor, he or she shall issue a building permit to the
applicant upon the form prescribed by him or her and shall affix his
or her signature or cause his signature to be affixed thereto. The
permit shall contain a statement directing that all work shall be
performed in accordance with the construction documents submitted
and accepted as part of the application. In addition, the permit shall
include a directive that the permit holder shall immediately notify
the Codes Enforcement Officer of any change occurring during the course
of the work. If the Codes 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.
[Amended 7-11-2007 by L.L. No. 3-2007]
C.
Upon 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 Code Enforcement Official 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 Code
Enforcement Official or his authorized representative at all reasonable
times.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes work which does not
conform to all of the requirements of the Uniform Code and applicable
law, rules and regulations, the Code Enforcement Official shall disapprove
the same and shall return the plans and specifications to the applicant.
Upon the request of the applicant, the Code Enforcement Official shall
cause such refusal, together with the reasons therefor, to be transmitted
to the applicant in writing. If the application is disapproved, the
same may be resubmitted to the Code Enforcement Official within 60
days without payment of a new or additional fee, provided that no
refund of the fee paid has been made to the disapproved applicant
and provided that the new total value of the proposed work does not
exceed the maximum valuation of the original application as determined
by the amount of the fee paid.
A.
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 conditional certificate
of occupancy), whichever occurs first. The permit may, upon written
request, be renewed for successive six-month periods, provided that:
B.
A building permit issued pursuant to this chapter
may be suspended or revoked if it is determined that:
(1)
The Code Enforcement Official 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;
(2)
The Code Enforcement Official finds that the work
performed under the permit is not being prosecuted in accordance with
the provisions of the application, plans or specifications;
(3)
The person to whom a building permit has been issued
fails or refuses to comply with a stop-work issued by the Code Enforcement
Official; or
(4)
The Code Enforcement Official has been denied entrance
to the premises.
C.
Building permits shall be visibly displayed at the
work site and shall remain visible until the project has been completed.
A.
Operating permits shall be required in connection
with the following categories of activities and buildings:
(1)
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), of the Fire Code of New York State (See
19 NYC Part 1225.);
(2)
Hazardous processes and activities, including but
not limited to, commercial and industrial combustible dust producing
operations, fruit and crop ripening, and waste handling;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings which contain one or more areas of public
assembly with an occupancy of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may
pose a substantial potential hazard to public safety, including but
not limited to special amusement buildings, covered mall buildings,
buildings containing hazardous process manufacturing and temporary
structures for assembly.
B.
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection A of this section shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall contain sufficient information to permit a determination that the quantities, materials, activities and occupancies are in conformance with the requirements of the Uniform Code. Tests or reports as necessary to verify conformance shall be required.
C.
An inspection of the premises shall be conducted prior
to the issuance of an operating permit.
D.
A single operating permit may address more than one
hazardous activity.
E.
An operating permit may be renewed for a specified
period consistent with local conditions. An operating permit for an
area of public assembly may not remain in effect for a period exceeding
one year between renewals.
F.
Where activities or occupancies do not comply with
applicable provisions of the Uniform Code, an operating permit shall
be revoked or suspended.
A.
A fee schedule shall be established and amended as
necessary by resolution of the Town Board. Such fees may be charged
for the issuance of permits, certificates of occupancy, conditional
certificates of occupancy and for firesafety inspections.
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 work has been commenced.
If construction has been started and the application is not approved,
the fees paid shall not be refunded
[Amended 7-11-2007 by L.L. No. 3-2007]
A.
The progress of work for which a permit has been issued
shall remain accessible and exposed until inspected at such times
and intervals as may be necessary and appropriate to determine whether
the work is being performed in compliance with the Uniform Code, the
Code of Tully and this chapter. The following elements of the construction
process shall be inspected:
(1)
Work site prior to the issuance of a 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.
B.
The inspection shall be made by the Code Enforcement
Official, or in particular instances, in the Code Enforcement Official's
discretion and at the expense of the owner, by a registered architect
or licensed professional engineer of this state.
C.
It shall be the duty and responsibility of the owner
or authorized agent to inform the Code Enforcement Official that the
work is ready for each phase of inspection.
D.
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, the Code of Tully or this chapter. Construction work not in
compliance shall be required to remain exposed until it has been brought
into compliance, been reinspected and been found satisfactory completed.
[Amended 7-11-2007 by L.L. No. 3-2007]
A.
A certificate of occupancy or a certificate of compliance
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 structure or a
portion thereof for which a building permit was previously issued
shall be granted only by issuance of a certificate of occupancy or
a certificate of compliance.
B.
Issuance of a certificate of occupancy or a certificate
of compliance shall be preceded by an inspection of the building,
structure or work. Where applicable, a written statement of structural
observations and/or a final report of special inspections, prepared
in accordance with the provisions of the Uniform Code, the Code of
Tully and this chapter, must be received prior to the issuance of
the certificate. Also, where applicable, flood hazard certifications,
prepared in accordance with the Uniform Code, must be received prior
to the issuance of the certificate. A certificate of occupancy or
certificate of compliance shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate is not applicable to an entire
structure, a description of that portion of the structure for which
the certificate 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; and
(10)
The signature of the official issuing the certificate
and the date of issuance.
C.
A certificate allowing temporary occupancy of a structure
may not be issued prior to the completion of the work which is the
subject of a building permit unless the structure or portions thereof
may be occupied safely, any fire- and smoke-detecting or fire protection
equipment which has been installed is operational, and all required
means of egress from the structure have been provided. The effectiveness
of a temporary certificate shall be limited to a specified period
of time during which the permit holder shall undertake to bring the
structure into full compliance with applicable provisions of the Uniform
Code, the Code of Tully and this chapter.
D.
A certificate of occupancy or certificate of compliance
issued in error or on the basis of incorrect information shall be
suspended or revoked if the relevant deficiencies are not corrected
within a specified period of time.
A.
All building and premises to which the Uniform Code
applies shall be inspected periodically for compliance with the provisions
of the Code, except owner-occupied one- and two-family dwellings,
agricultural buildings and other buildings and premises which by statute,
rule, regulation, or other lawful authority may from time to time
be legally exempt from such inspection under the Uniform Code, which
exemptions are deemed incorporated in this chapter by reference without
further amendment; provided, however, that:
[Amended 7-11-2007 by L.L. No. 3-2007]
(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
all multiple dwellings and all nonresidential occupancies at intervals
consistent with local conditions, but in no event shall such intervals
exceed one year for dormitory buildings and three years for all other
buildings.
(3)
This exception shall not be a limitation on inspections
conducted at the invitation of the owner or where conditions on the
premises threaten or present a hazard to public health, safety, or
welfare.
B.
If entrance to make an inspection is refused or cannot
be obtained, the Code Enforcement Official may apply for a warrant
to make an inspection to any court of competent jurisdiction.
C.
Such inspection shall be performed by the Code Enforcement
Official or in particular instances, in the Code Enforcement Official's
discretion and at the expense of the owner, by a registered architect
or licensed engineer of this state.
The Fire Chief shall notify the Code Enforcement
Official of any fire or explosion involving any structural damage,
fuel burning appliance, chimney or gas vent.
Unsafe structures and equipment shall be secured, demolished or removed in accordance with Chapter 118, Buildings, Unsafe, of the Code of the Town of Tully.
A.
Bona fide complaints which assert that conditions
or activities fail to comply with the Uniform Code or with local laws,
ordinances or regulations adopted for administration and enforcement
of the code shall be addressed as follows:
B.
The complainant shall report such condition or activity
to the Code Enforcement Official, on a form prescribed by him.
C.
The Code Enforcement Official shall, within 30 days,
inspect such condition and/or activity alleged to be in violation
of the code or of the laws and/or regulations adopted for administration
and enforcement of the code.
D.
The Code Enforcement Official shall issue a written
report on such complaint and inspection and submit it to the Town
Board and, by first-class mail, to the complainant within 10 days
of completion of the inspection.
E.
In the event that such condition and/or activity is,
in fact, in violation of the Uniform Code or of the laws and/or regulations
adopted for administration and enforcement of the code, the Code Enforcement
Official shall take such corrective measures as authorized by the
Uniform Code, by 19 NYCRR Part 1203, and by this chapter.
A request for a variance from the Uniform Code
and an appeal to review a determination of or failure to render a
determination by the Code Enforcement Official (or by the architect
or engineer) shall be submitted to the appropriate board of review
as provided by state regulation.
A.
Upon determination that a violation of the Uniform
Code or this chapter exists in, on or about any buildings 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 may provide
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 certified or by registered
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 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 of Tully
by the Town Board on its own initiative or at the request of the Code
Enforcement Official.
C.
As an alternative 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 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, ordinances,
rules or regulations or not in conformity with the provisions of an
application and 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 shall state 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 premises or by sending a copy
of the same to him by certified or registered mail at the address
set forth in the application for the permission of the construction
of such building.
A permit for installation of a solid fuel burning heating appliance, chimney, and flue in any dwelling unit shall be obtained as provided in § 136-4 of this chapter. If the Code Enforcement Official, after inspection, determines that the installation is in compliance with the Uniform Code, he shall issue a certificate of compliance on a form to be prescribed by resolution of the Town Board. A violation of this section and of Subdivision 5 of Section 378 of the Executive Law shall be punishable as provided in such Subdivision 5.
A.
The Code Enforcement Official 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 him or her with the consent
of the 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 submit to the
Town Board quarterly a written report containing such information
as the Town Board shall prescribe by resolution, including, but not
limited to a summary of all business conducted by the Building Department,
including approvals, permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending or concluded.
C.
The Town Board shall annually submit to the Secretary
of State, on a form prescribed by the Secretary, a report of its activities
relative to the administration and enforcement of the Uniform Code.
[Added 7-11-2007 by L.L. No. 3-2007]
A.
An operating permit shall be required for conducting
the activities or using the categories of buildings listed below:
(1)
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;
(2)
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;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Building containing one or more areas of public assembly
with an occupant load of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may
pose a substantial potential hazard to public safety, as determined
by the government or agency charged with or accountable for administration
and enforcement of the Uniform Code.
B.
An application for an operating permit shall be in
writing on a form provided by or otherwise acceptable to the Codes
Enforcement Officer. Such application shall include such information
as the Codes Enforcement Officer deems sufficient to permit a determination
by the Codes Enforcement Officer that proposed or existing quantities,
materials, and activities will conform or continue to conform to the
requirements of the Uniform Code, the Code of Tully and this chapter.
If the Codes 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 Codes Enforcement Officer, at the
expense of the applicant.
C.
The Codes Enforcement Officer or an inspector authorized
by the Codes Enforcement Officer shall inspect the subject premises
prior to the issuance of a operating permit.
D.
In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Codes Enforcement Officer may require a separate operating permit for each such activity, or the Codes Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
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 Codes 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 Codes Enforcement Officer, payment of the applicable fee, the
completion and/or receipt of any inspection(s), report(s) or other
due diligence deemed necessary by the Codes Enforcement Officer, and
approval of such application by the Codes Enforcement Officer.
F.
If the Codes 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, the
Code of Tully or this chapter, such operating permit shall be revoked
or suspended.
