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HomeMy WebLinkAboutLocal Law DRAFT - Detailing Administration and Enforcement of Building and Fire Prevention Codes in VCH.PDFVILLAGE OF CAYUGA HEIGHTS LOCAL LAW NO. OF TFIE YEAR 2OO4 A Local Law detailing administration and enforcement of building and fire prevention codes in the Village of Cayuga Heights. WHEREAS, Section 381 of the Executive Law of the State of New York provid.es that the New York Secretary of State shall issue rules and regulations for implementation of the Uniform Fire Prevention and Building Code ("the Uniform Code") within this state, and WHEREAS, Subdivision 2 of said Section 381 of the Executive Law requires, with certain exceptions, every locai government to administer and enforce the Uniform Code, and WHEREAS, Title 19 of the New York Code of Rules and Regulations sets forth the minimum standards for such administration and enforcement in Part 1203 of said Title 19, which maybe implemented by local law enacted by a 1ocal government, NOW THEREFORE. BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of 'Iomplcins, State of New York a new Article to its compilation of Ordinances and Local Laws, as follows: Articie XV - Code Enforcement and Administration section 1. Designation of code Enforcement officer as Public official There is hereby d.esignated in the Village of Cayuga Heights a public official to be known as the Code Enforcement Officer who shal1 also be the Building Commissioner, and who shall be appointed by the Mayor with the approvai of the Board of Trustees at a compensation to be fixed by it. connection with the construction of a building or structure owned by him for his own personal use and occupancy or for the use and occupancy of members of his immediate family- and not constructed for sale. It is the intent of this provision to prohibit impropriety and the appearance of impropriety. Section 7. Review Board (a) Where practicable difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the Uniform Code, applications for variances consistent with the spirit of the Code maybe made to the Regional Board of Review in accordance with Part 1205 of Title 19 of the New York Code of Rules and Regulations entitled "Uniform Code: Variance Procedures" as promulgated by the New York Department of State. The Code Enforcement Officer shall maintain a copy of such rules and regulations for public inspection and shal1 obtain and retain a copy of all decisions rendered by the Regional Board of Review of special interest andlorpertaining to matters affecting the Village of Cayuga Heights. (b) Where practical difficulties or unnecessary hardship may result from enforcement of the skict letter of any provision of this Local Law or any ru|e or regulation hereunder which provision is not required by the Uniform Code, applications for variances and appeals, consistent with the spirit of such law, rule or regulations,fray be made to the Village ZontngBoard of Appeals. Section 8. Building Permit No person, firm, corporation, association or other otganization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure, exeep$*u+-agrle*1+u**i{+*itrr4ing-orstr*rc$*re1 nor install heating equipment, without having applied for and obtained apermit from the Code Enforcement Officer" No pennit shall be required for the performance of necessary repairs which do not involve material alterationpl:gplgyg! of (.Llstructural features, (?) aUyrqqpire4:nqa,nq..pf effe..sg_{1) a f,r-q protection system for any period of time andlor (4i plumbing, electrical or heating/ventilation systems, $pch rep-Fils- including, for example, the replacement of siding and roofing materials, nor for the erection of fences which are not part of an enclosure sun'ouncJing a swimming poal, nor for the construction of .residential dwellings, such as storage facilities, of less thanl40 square feet of gross floor area. ;Such work shall nevertheless be done in conformance with the Uniform Code. lSection 9. General Permitting Procedures The Code Enforcement Officer shall receive applications, approve plans and specifications, and issue permits for the erection and alteration of buildings or structures or parts thereof as detailed in the previous section and shall examine the premises for which such zrpplications have been received, plans approved, or such permits have been issued for the purpose or insuring compliance with 1aws, ordinances, ru1es and regulations governing building c;onstruction or alterations. ' INO-TE: Thi.€ exemptio. n l9 NOJ liste.d in 19-.-NYCR.F P.afi 12.j3 (as*revis.ed). .i,yhich sets:the minjtrrum ltandards for enforcement of the Uniform Code; this exempiion was nplLspgqilica!]l'listed in the prior lerslon of 19 NYCRR Part 1203; however that version did staie "Exceptions to the requirement for ! uildinQ germits mav be allowed for:. .. (3) small noncommercial structures not indented for use bv one *r flore persenqas euarters for livinq, sleepinq. eatinq or cookinq, for example. a smallglqElqe building. I'here is an exemption for'lnonresidentialfarm buiidinqs" in 19 NYCRR 1202.2; however this portion? lhe requlatisns sets ihe procedures to be followed bv the $ecretarv of Staie when the individual $uniQipQlity and. ppunty..h"eve b,o"lb op"!e-d out..pl enforqin.g the.U-nform.Qode fql.lbemeetvqq.._.[Therclgre.it 1ii not applic-able to the VlUgge of Cay,Uga Heiqhts). The application for a building permit, and its accompanying documents, shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code. The form of the permit and application therefore shali be prescribed by resolution of the viilage Board of rrustees' The application shall be signed by the owner (or his authonzed,agent) of the building or property on which the work is to be done and shall contain at least the following: 1) name and address of the owner; 2) identification andlor description of the land on which the work is to be done. including tax parcei nglnbe.r; 3) description of use or occupancy of the land and existing or proposed building; 4) description of the proposed work; 5) estimated cost of the proposed work; 6) statement that the work shall be performed in compliance with the uniform code and applicable state and rocal raws, ordinances and regulations; 7) At least 2 sets of construction documents idrawings andlor speoifications) that dgfilp the c{ipe of tjrc propcs-ed wcrk- Such.construction d.o.p_lHients shall &g_gJ.Lhe folloulitlg requirements: -.... .... . . .- -{*a) are"$Legarqfl by A Ne_r,v York Statp".fggistere.d archilgct or licen{gql professional engineer where so required by the Eclucatio! Law: (c.) sLibstantiate that the proposed work rvi1l cr:mplywith the {Jniform Code and the State Energ)'Conservation Constmction Code. (d) $,here appJicable. include a site plan that shows any exigtins and ploposed str*qtures on the site. the lo-cation of any existing or proposed well or septic system- the location of the iejended-work. andjhe distances befween the structures and the iot liries. B) required fee. it*gcreen+'-epplicant may confer with the Code Enforcement Officer in advance of submitting his application to discuss the Code Enforcement Officer's requirements for same. A builclinq pery:it willbe issued wheir the applicaiioir has been determined to be ponrplete, wlen the proposed work is determined to confCIrm to the provisions of the Unifom: ,Cocle" if applicable. ancl u'hen the Code Enfarcernent Officer has determined that the p$posed .work is in. comlrliance with. the Zoning _Orclinanqe of the Viilage. .Provisions shal1 be made for t;onstrriptioq docuqreqts acgopted as pafi of a pennit appiicatian to be so marked in writing cr by jitamp. The Cocle Enforcement Officer shall retain one set of accepted construction documents. irnd one set shall be retumed to the applicant to be kept at the worh site so as to be available for adj acent thoro u qhfares. if possible. ft e B.Ur ldirlg fe. r&tt"rhd Aqrplicant shall notify the code Enforcement officer in writing of any pertinent changes in the information contained in the application during the period for which the permit is in effect. Failure to do so shall in and of itself effect revocation of the permit previously issued. A building permit issued pursuant to this Local Law maybe 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:&e_i$giglr* misrepresentation or falsification of amateialfact in connection with the application for the permit. A building permit issued pursuant to this Local Law shall expire one (1) year from the date of issuance or upon the issuance of a certificate of occupancy (other than atemporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods provided that: 1) the permit has not been revoked or suspend.ed at the time the application for renewal is made. 2) the relevant information in the application is up to d.ate, and 3) the renewal fee is paid. a'1d attg.pt*d by tl* C..gd* Etfbtt"*.ln*.nJ O-ffir"r. P.mri,t hoi-d*r., uhuli b* r..gujlerl tp aotj."fy.thg Cade Enforcement Officer y*hen conskuction work is reacly for inspqction. (,?) P:rcvis-ions shall-be maclejbr jnspection -of tJre follolyjng elelneJrts of.the r;onstruction process" where applicable : (ii) footins and foundajion: iiii) pfepar#io, rl lpr_qo$crete Olab; {lvi fi'amine: (vi) fire resistant construction; (v_ii) fi re re$istaq.t p gteJratjons ; (r'iiii solid furel burninq heating appliances. chimne]rs. flues or gas vents: fjx) ene.rg.v co_de complian.cel aAd {x) a fiaal insFection after ali rvork authorized by the building permii has been ccmplets:d.. - f3) Afler inslJeetion. the work or a portion thereof shall be ngted as satisfactorv as c Unifom Code' Conslruction wark not in compliance with cocle provisions shall be required ta tg be:en faund satisfactorlu as completed. Serction 10" eefiificates of Occupancy (a) No building hereafter erected. enlarsed. qxlend -o_f a lruilding.pen_:niJ shall be used or occupied irr whole or in part until a certificate of occupancy shall have been issued. by the Code Enforcement Officer. &nmore-+ha*r€{-}dal@e*eF+he--*1te}atian*€r-vi'or{+un"les$-r}-e€sti${i*te€{ (sO No change shall be made in the occupancy of an existing building unless a certi{icate of occupancy authorizing such change shall have been issued. (dO When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable iaws, ordinances, rules or regulations, and also in accordance with the application, the Code Enforcement Officer shall issue a certificate of occupancy. if it is found the proposed work has not been properly completed., the Code Enforcement Officer shall not issue a certificate of occupancy and shall order the work completed immediately in conformitywith the building permit and in conformitywith the applicable building regulations. (.) A certificate of occupancy shall be issued, where appropriate, within thirty days after written application therefore is made. (0 The certificate of occupancy shall acknowledge that the work has been completed, andthat the proposed use and occupancy is in conformity with the provisions of the applicable laws, ordinances, rules and regulations, and te*+&ie"lr-the#tri.k1ir*gor+x,r*e$re-+r-its-$eveF*i-par{s-flq*+trbepuf-t+*se-.gh4$ sgg1aiq.th€ fo.ll owin g inform ati on: (i) the buildingpermit number" if anv: fii) the.d_ate_"o-f iss.lAnce ot.-the permit, iJ: any: (iii) the name" address and. tax map number of the property: (iv) if the certificaie is-not.applicablQ to an entire stErcture, a descflplion _ojthat portion of the structure for which the certificate is issLred; (.v) tle use g.nrl -o_cgupancy.c.lassific_ati.o$ pf the.s_t$cture; ('u'i) the tvpe of construction of the structure; {r'ii.).the ass-elnbly gQgupant- l.oad of the str.ucture, if an}i; (viii) if an automal.ic sprinkler system is provided" a notation as io lvhether the splirlkler $yste.m is reqpire-d; (ix) anv special conditions impcsed in connection with the issuance of the b_uilding penn.iliand (x) the signalure of the official issuing the cefificaie and the d.ate of issuance. (g) Upon request, the Code Enforcement Officer may issue atemporary certificate of occupancy for building or structure, or part thereof, before the entire work covered by the lluilding permit shall have been completed provided such portions as have been completed fl-) :nay be occupied safely without endangering iife or the public health and welfare-{Z} }rayg srpe[ationai .fife and,smo]<e detec.t:ng andlo.r'$,rg-pI_oteclic.rl.eqglpffienLgld {3i atl req-qired mea$g pf egress have been provided. A temporary certificate of occupancy shall remain effective for the period stated therein which shall not exceed six months from its date of issuance, sgdlhging rvhich tirne the holder undertake to bri ure into full fOc causes and in unusual a maximum of twosituations the code Enforcement of{icer in his sole discretion may allow extensions for periods not exceeding six months each. (h) After completion of work requiring a building permit hereund,er where issuance of' a Cet1tiftcate of Occupancy is not appropriate, the Code Enforcement Officer shall issue instead a Certi{icate of S atisfactory Completion. (i) A cerlificate of occuPancv issued in error or cn the basis af incort*.t infbrrnurion Section l l. (a) Any and all areas of public assembly and al1 dcrmitarlr buildings shali be inspected at least once each calendar year for the purpose of determining compliance with fire safety requirements of the Code. Said inspections shall be completed by the code Enforcement Officer prior to November 30th of each year. (b) All dweiling units in a building consisting of more than two such units and the conlmon areas of such building such as halls, foyers, staircases, etc., shall be inspected for the purpose of determining compliance with fire safetyrequirements of the Uniform Code at least once in each odd-number-ending calendar year (e.g., 2003). said inspections shall be completed by the code Enforcement officer prior to November 30th of each year. (c) A11 other buildings, uses and occupancies, other than public assembly and one or two family dwelling units, shall be inspected once in each even-number-ending carendar year (e'g',2004)' Said inspections shall be completed by the Code Enforcement officer prior to November 30th of each year. (Inspections under this Local Law of one or two family dwelling units shall not be required.) (d) An inspection of building or dwelling unit sha11 be performed at any other time upon (1) the request of owner or authorized agent, (2) receipt of a written statement specifying grounds upon which the subscriber believes a vioiation of the Uniform Code exists or (3) other reasonable and reliable information that such violation exists. l3ection 11.1 Operating Permits those listecl in Tables 2703.1.1(1)" 2703.1.1(2), 2703.i.1(3) or 2703.1.1i4)" of the Fire Code of lrrerv__YorkS_tate-tbee_'1_9NYCRRPart.J225l_; - fb) hazardous processes and activities, including but nat iimited to. commercial pmd rvaste handling; _ __ _ fS) usq_qf plirotgghqic 4gr.'ices in assemUy ocQr4lanc-igs: !r?d gf_19! pe{s.pns or more;._and * (e) builclings whose use or occupancy classifisation mav pose a substantial its shall be gccountable for administration and enforcement of the uniform cocle. (2) Parties who propose to underlake the types of activities or operate the t)4res of buj.ld-ings list-ed j.,4 p-a.ragrapll-(J) of this sub4ivisio[sha]J be requirgd to__obt_ain an__gperati.ng Permit prior to commencing sr,rch operation. An application for an operating pemrit shall contain sqffi,pigpt iqfprmatiprlto pq.r.mit a d.pler:lti$lation tlta! qua"njitjes.rnateria.ls. +.Rllaq.i.tyitiqp corlfor:nr to the l'eguiroments of the lJniform Code. Tests or reports necessary to veritv confomrance shall b,qtp.quired. {3} An inspection of the prernises shall be conductecl prior to the issLrance- qf an o_p. _p,rati n g g_el:m i !. (4) A sinqle orerating permit may apply to more than oue hazardous activity. " (5) . Operati.Ug pe.fmi-t-s ma)'rer;rlait in e.$ect u.ntil reisslrccl" _rene:algd oJ reyohed_or".,mav be issued for a specified period of time ccnsistent wttir iocal conclitiorrs. . -- (5)-- " Where activitiqs -dogot cpmply wtih ?.pplicabl-e-provisir,:ns o_f_the--LIni:bn:n C-gdLg an operatins permit shall be revoked or suspjnded. $pstiqq 1i.?. - Uns-a& PuiJdiagp arld"-Stluslureq ALTERNATIVE i: Unsarfe structures and equipment in this Village shall be identi{ied atrd addless-e-d in-accor.dance lvith thg plpcsdp{es esta,l?1ish..ed bv l-,ocal L,arv N.umber | _*gf -_* l" as now in effect or as hereafter amendeiJ fron time to time. ALTERNATIvE_Z: Ussaf* strrctores anr equtpneu._t_iq th,iq_yjuag.p slralLbeideqlified and addressed in accordanqe with the follorving procedures lspecif.yproceduresl. The chief of the fire deparlment provicling fire fightins seryices for a propert:,/ wirhin ihe V-jl4sf s.h811Pr:onrp"tlv-nolifr lhe Code Enforce.nrqnt O-ffigqr.gf a.ny.Jire or exglqsio:ai:nv_olvi:ng anv strLrcturai clamage" fuel burning appliance. chimney or gas vent Section i2. Depaftment Recordsl4d Reports (a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him including all applications received, plans approved or :leniqd, permits and certificates issued, compl&ijrjs teceived. fees charged and collected, inspection reports, all rules and regulations promulgated by the municipality, and notices and orders issued. A11 such reports shall be public information open to the public inspection during norrnal business hours. (b) The Code Enforcement Officer shal1 annually submit to the Village Board of Irustees a written report of all business conducted, and more frequently upon request" {g) _ The Codg E$fotcein_e,nJ Qffper shalj annually sgbilrit-to the:gecrgtarycf State-en a form provided by the Secretarl of State. a report of the activities of the Viliage reiative to administtation a$d .en-forcernenlof .the U.qifcr:r! Qgde. (d) Upon request of the Department of State. the Code Enforcement Officer shall pro_yide i'om the re_coIds at{r:elateql_$lpte{i-a1_s. e4cqrpts, sgffima_r_ies. tab_}il_atipns, statisiics a.nti other information and accounts of its activities in connection with administratir:n and enfbrcement of the Unifomr Code. Section 13. Stop Orders Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being performed in violation of the provisions of the New York State Uniform Fire Prevention and Building Code or applicable 1aws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe malrner and dangerous manner, he sha11 notify the owner of the property, €rand the owner's agent , to suspend all worh and issue a Stop Work Order. Alls$uch persons p-"e.rfomrj[g work shali immediately stop such work and suspend ali building activities until the stop orders have been rescinded. A11 Stop Work Orders and notices shali be writing and shall state the conditions rurder which work maybe resumed. A Stop Work Order shall be served upon a person to whom it is directed either by delivering it personally, or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to the person, firm or corporations by certified mail return receipt requested, and simultaneously by regular mail, with retum address noted. Section 14. Violations (a) Upon determination by the Code Enforcement Officer or the Fire Safety Inspector (or their respective d.esignees) that aviolation of the Unifonn Code or this local law exists in, on, or about any building or premises, he shall order in writing the remedying of the condition. Such order sha1l state the specific provision of the Uniform Code which the particular condition violates and shall grant 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 cerlified mai1, return receipt requested. (b) Any person, firm or corporation who violates any provision of the Uniform Code, this Local Law, or any ru1e or regulation issued under this local 1aw, or the terms or conditions of any Certificate of Occupancy issued by the Building and Fire Safety Inspector, shall be liable to a civil penalty of not more than $100.00 for each day or parl thereof during which such violation continues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of the Village Board on its own initiative or at the request of the Code Enforcement Officer or the Fire Safety Inspector. (c) Alternatively, and in addition to an action to tecover the civil penalties provided by subsection (b), the Viilage Board may institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code or terms or conditions of any Certificate of Occupancy issued by the Code Enforcement Officer or the Fire Safety Inspector. (d) Furthermore, the Village Board may designate certain violations as criminal in nature, subject to fine or imprisonment as the case may be. A violation of Code Requirements pertaining to storage of combustible, flammabie, or otherwise dangerous materials is hereby declared to constitute a Violation as defined in the Penal Law of the State of New York, and sha11 be punishable by a fine of not more than $250.00 for each day or parl thereof during which said violation continues, or imprisonment for a term not to exceed fifteen days, for each violation. These penalties shall be in addition to any other penalty provided by 1aw" Section 15. Severability If any section, parugraph, subdivision, clause, phrase, or provision of this Local Law shal1 be judged invalid or held unconstitutional, it sha1l not affect the validity of this Local Law as a whole or any part of provision thereof other than the parl so decided to be invalid or unconstitutional. Section 16. Effective Date The Local Law shall take effect upon filing with the Department of State.