[Adopted 12-16-1985 by L.L. No. 3-1985]
This article shall be known and may be cited as the "Fire Prevention
and Building Code Law of the Village of Menands."
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 in the Village
of Menands or cause the same to be done without first obtaining from the Building
Inspector of the Village of Menands his approval of plans and specifications
submitted, the issuance of a separate building permit in compliance with and
pursuant to the applicable provisions of the New York State Uniform Fire Prevention
and Building Code and this article for each such building or structure and
posting the same in a conspicuous place on the premises, except that no building
permit shall be required for the performance of ordinary repairs or alterations
to existing buildings which are not structural in nature or do not contemplate
the changing or removal of any staircase or the alteration of any drainage
system. Notwithstanding the foregoing, no such alterations of existing buildings
costing $10,000 or more or affecting firesafety features or involving the
installation or extension of electrical systems or the installation of solid-fuel-burning
heating appliances or chimneys or flues associated therewith may be made without
a building permit therefor.
A.
Except as otherwise provided by law, ordinance or regulation
or except as herein otherwise provided, the Building Inspector shall administer
and enforce all of the provisions of laws, ordinances and regulations applicable
to the erection, construction, alteration, repair, removal and demolition
of buildings and structures, the installation and use of materials and equipment
therein and the location, use, occupancy and maintenance thereof.
B.
The Building Inspector shall have the power to adopt
reasonable rules and regulations to govern his office, supervise its records
and employees and to secure the intent and purposes of this article and the
proper enforcement of the laws, ordinances and regulations governing building
construction, removal, improvement, alteration, conversion or change in the
nature of the occupancy of any building or structure.
C.
The Building Inspector 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 laws, ordinances and regulations governing building
construction.
D.
The Building Inspector 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 such laws, ordinances and
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 building inspectors or other employees of the Village of
Menands, including the Bureau of Fire Prevention of the Village of Menands,
its inspectors and agents, or from generally recognized and authoritative
service and inspection bureaus, provided that the same are certified by a
responsible official thereof.
E.
Whenever the same may be necessary or appropriate to
assure compliance with the provisions of applicable laws, ordinances and regulations
covering building construction, the Building Inspector may require the performance
of tests therefor in the field by experienced, professional persons or by
accredited and authoritative testing laboratories or service bureaus or agencies
of any material, construction equipment or assembly to be used in the construction
of a building, a permit for which has been granted, and the cost of making
such tests shall be paid by the permittee.
F.
The Building Inspector shall have full power and authority
to supervise and inspect such erection, construction, removal, conversion
or alteration and to require that the same and the manner and mode thereof
and the materials used therein shall conform to the provisions of this article
and other laws, ordinances and regulations.
In the absence of the Building Inspector or in the case of his inability
to act for any reason, the Mayor shall have the power, with the consent of
the Village Board, to designate a person to act in his behalf and to exercise
all of the powers conferred upon him by this article.
The Building Inspector shall keep permanent official records of all
transactions and activities of his office, including all applications received,
permits and certificates issued, fees charged and collected and inspection
reports, notices and orders issued.
The Building Inspector may request and shall receive, so far as may
be necessary in the discharge of his duties, the assistance and cooperation
of the Police and Fire Departments of the Village and of all other municipal
officials exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein.
A.
The plans and specifications to be submitted upon application
for a building permit pursuant to this article shall be accompanied with the
full name and address of the owner or owners of the structure and, if the
construction is to be executed by any other person than the owner or owners
of the land in fee, the name of the person or persons or corporations intending
to make such erection or alteration shall also be given, together with a statement
of their authority from the owner for such work.
B.
Such application for a building permit shall be made
to the Building Inspector in duplicate on forms provided by him, shall be
signed by the applicant or authorized agent 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 estimated cost 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 hereinafter
set forth in this section.
(7)
Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed work with
the requirements of the applicable building laws, ordinances and regulations.
(8)
The topography of the land in ten-foot intervals.
C.
Such application shall be made by the owner or lessee
or the 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.
The plans and specifications to accompany each application
for a building permit shall be accompanied by duplicate copies of such plans
and specifications, including a plot plan, in duplicate, drawn to scale, 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 Building Inspector, details of
structural, mechanical and electrical work, including computations, stress
diagrams and other essential technical data, Such plans and specifications
shall bear the signature of the person responsible for the design and drawings.
E.
Amendments to the application or to 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 Building Inspector.
A.
The Building Inspector 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 appropriate 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 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
Building Inspector, 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 Building Inspector 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 of the requirements of the applicable building regulations,
the Building Inspector shall disapprove the same and shall return the plans
and specifications to the applicant.
A.
The erection or alteration of any structure shall proceed
in accordance with the plans, specifications or statements on which the permit
has been issued. Any changes must first be submitted for approval by the Building
Inspector and must be clearly shown by drawings and specifications covering
the proposed departure from the original construction. 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 applicable building laws, ordinances or regulations. Notwithstanding
the foregoing, no building permit shall be valid insofar as it authorizes
the performance of work or the use of materials which are not in accordance
with the requirements of the applicable building laws and regulations.
B.
Any permit issued by the Building Inspector under which
no work has been commenced within one year of the date of issue or under which
all work has not been completed within two years of the date of issue shall
be deemed to have expired by limitation.
Structures hereafter erected or altered without permit or not in conformity
with this article shall be subject to removal.
No building or structure shall be moved until a permit therefor has
been obtained from the Building Inspector, and such official shall not issue
such permit if, in his judgment, the proposed new location would seriously
increase the fire hazard of the surrounding buildings.
Fees for the issuance of building permits and certificates of occupancy
shall be as established by the Board of Trustees of the Village by its resolution
and amended from time to time. Such fees shall be paid to the Building Inspector
at the time of application for such permit.
The Building Inspector, anyone acting on his behalf or any member of
the Village Fire Company duly authorized by the Bureau of Fire Prevention
or said Building Inspector so to do shall have the power to enter into and
examine buildings and structures, lots, enclosures and premises of every description
to see that all laws of the state and local laws and ordinances of the Village
and rules and regulations affecting the erection, construction, alteration,
repair, demolition or removal of buildings and structures are fully enforced,
and no person shall interfere with or prevent such entry. For such purposes,
the Building Inspector shall have the right to inspect and examine the work
being done pursuant to any such building permit issued and may revoke said
permit, at his discretion, upon discovering either that it should not have
been issued as a matter of law or because of falsity or misrepresentation
or that the work performed under and pursuant to said permit is not being
prosecuted in accordance with the provisions of the application, plans or
specifications submitted. Further, the Building Inspector may revoke such
building permit upon determining that any ordinance, law, rule, regulation
or provision has not been or is not being complied with or where the person
to whom such permit has been issued fails or refuses to comply with a stop
order issued by him, either orally or in writing.
A.
The architect or professional engineer whose seal and
signature appear on the drawings for buildings or structures other than one-
or two-family dwellings, or his designated representative, shall be responsible
for making periodic visits to the construction site to familiarize himself
with the progress and quality of the construction and to determine, in general,
if the construction is proceeding in accordance with the drawings, specifications
and addenda thereto which have been approved by the Building Inspector.
B.
Upon completion of the construction, the architect or
engineer shall file a certificate of the completion with the Building Inspector
stating that, to the best of his knowledge, the building or structure has
been completed in accordance with the approved drawings, specifications and
addenda thereto, insofar as structural, fire, health and life safety are concerned,
or shall state any defects of which he is aware.
[Amended 2-5-2007 by L.L. No. 5-2007]
A.
Whenever the Code Enforcement Officer or other authorized
personnel has reasonable grounds to believe that work on any building or structure
is being prosecuted in violation of the provisions of the article or any other
applicable building laws, ordinances or regulations or not in conformity with
the provisions of an application, plans or specification on the basis of which
a building permit was issued or in an unsafe and dangerous manner, he shall
have full power and authority to order and compel the suspension of any work
and prohibit the use of any material, machinery or equipment in violation
of the provisions of the article or other law, ordinance or regulation and
shall notify the owner of the property or the owner's agent or
the architect, contractor or any other person in charge thereof 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.
B.
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 certified mail, return receipt requested.
Such notice or order shall contain a description of the building, premises
or property on which such violation shall have been put or may exist or to
which such notice or order may refer.
C.
Any person who shall continue work or authorize the continuance
of work on any such building or structure after the notice herein specified
has been served in accordance with the requirements of this article shall
be liable to a penalty of not less than $200 for the first offense and shall
be liable to a penalty of not less than $400 for each subsequent offense,
and in addition thereto, said violation shall constitute disorderly conduct,
and the person violating the same shall be a disorderly person. Each day such
violation shall continue shall constitute a subsequent offense.
A.
Firesafety and fire prevention inspections and the investigation and enforcement of similar matters concerning fire prevention and building occupancy shall be carried out in cooperation with the Building Inspector by the Bureau of Fire Prevention of the Village and its inspectors and agents, as established by Article I of this chapter, who shall have all the powers and responsibilities thereby set forth as well as those necessary for the additional purpose of enforcing those provisions of the State Uniform Fire Prevention and Building Code relating thereto, which shall supersede the Fire Prevention Code adopted by such article wherever such Fire Prevention Code is inconsistent or in conflict therewith.
B.
Firesafety inspections of areas of public assembly shall
be made at least once per year and firesafety inspection of all multiple dwelling
and nonresidential occupancies shall be made at reasonable intervals consistent
with local conditions.
A.
No building or other structure hereafter erected shall
be used or occupied in whole or in part until a certificate of occupancy shall
have been issued by the Building Inspector. In the case of an enlargement,
extension, alteration or other work on an existing building for which a building
permit was required, no building so altered, extended or enlarged, etc., shall
continue to be occupied or used for more than 30 days after the completion
of such work unless a certificate of occupancy shall have been issued by the
Building Inspector.
B.
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 Building Inspector after application
therefor.
A.
Before issuing a certificate of occupancy, the Building
Inspector shall examine or cause to be examined all buildings, structures
and sites for which an application has been filed for a building permit to
erect, construct, enlarge, improve, alter, repair, remove, demolish or convert
such or change the use or occupancy thereof, 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.
The Building Inspector shall maintain a record of all
such examinations and inspections, together with a record of findings of violations
of the law.
C.
When, after final inspection, it is found that the proposed
work has been completed in accordance with this article, the applicable building
laws, ordinances and regulations and also in accordance with the application,
plans and specifications filed in connection with the issuance of the building
permit, the Building Inspector 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 Building Inspector 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.
D.
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 applicable building laws, ordinances and 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.
A.
It shall be unlawful for any person, firm or corporation
to erect, construct, enlarge, improve, alter, repair, move, remove, demolish,
equip, use, convert, occupy or maintain any building or structure or portion
thereof or change the use or occupancy thereof in violation of any provision
of this article or any other law, the State Uniform Fire Prevention and Building
Code, or rule or regulation promulgated by the Building Inspector in accordance
with applicable laws or to fail in any manner to comply with a notice, directive
or order of the Building Inspector or to construct, alter, use or occupy any
building or structure or part thereof in a manner not permitted by an approved
building permit or certificate of occupancy.
B.
Any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or his or its 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 law, local law, code or regulation or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder shall be punishable by fine or imprisonment, or both, as set forth in Subsection C of this section.
C.
Any person violating any of the provisions of this article
or of the State Uniform Fire Prevention and Building Code or rules and regulations
promulgated thereunder shall be liable to pay to the Village a penalty of
not more than $500 for each violation thereof, and each and every violation
of the above article shall constitute disorderly conduct, and each person
violating the same shall be a disorderly person and, upon conviction, shall
be punishable by a fine not exceeding the sum of $200 for each and every such
offense or by imprisonment for a period not exceeding 15 days for each such
offense, or by both such fine and imprisonment.
D.
The imposition of one penalty for any violation of this
article or any other law, code, rule or regulation enforced thereby shall
not excuse the violation or permit it to continue; all persons liable for
such violation shall be required to correct or remedy such violations or defects
within a reasonable time; and when not otherwise specified, each day that
conditions prohibited pursuant to this article or such State Uniform Fire
Prevention and Building Code are maintained shall constitute a separate offense.
E.
In addition to the above-provided penalties or in lieu
thereof, the Board of Trustees of the Village or the Building Inspector may
maintain an action or proceeding in the name of the Village in a court of
competent jurisdiction to compel compliance with or to restrain by injunction
the violation of such article.
Section 90-35 shall not apply to violation of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 882 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 4-2-1990 by L.L. No. 2-1990]
All ordinances, local laws or parts thereof conflicting or inconsistent
with the provisions of this article or of the State Uniform Fire Prevention
and Building Code are hereby repealed, except that nothing herein shall impair
the validity of any action taken pursuant to or in compliance with any such
ordinance or rule or regulation made thereunder prior to the effective date
of this article.
