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HomeMy WebLinkAboutNew York State Building Code Enforcement Law (2004-2).PDFR. James Mill-er John Moss Hinchcliff ELena Salerno Fl-ash P-qannF M^l/cr c^^rda P Dfrnr ,Tr David A. Tyler Hl-tary -L'. ! raser taurie M. ,fohnston Detrivered via First Class Mail Brent A. Cross Superintendent of Public Works Village of Cayuga Heights 836 Hanshaw Road Ijhaca. NY 14850 Re: Dear Brent: MILLER MAYER, LLP AmoRl'Tsvs ar Law 202 East State SLreet, suite 7oo Ithaca, New York 14850 Tel,ephone z 60'7 .273.4200 Fax: 507 .272.6694 Web : www. millermayer, com datomillermayer. com September 25,2006 Adam R. Schaye Carolyn S. l,ee Kimhcr'l v N. Rofhman Nancy T. Kung H^rrdan P Pra r n^rd ,II. . Of Counsel- Si-cnhcn Yal e-T,oehl. -..-r:.(ii:. O): ii::,: fii:il(?liTS c|. i Village of Cayugu Heights - New York State Building Code Enforcement Law (2004-2) As you know, the Viilage of Cayuga Heights is responsible for administering and enforcing the state-wide regulations set forth in the Uniform Fire Prevention & Building Code (IJniform Code), which sets standards for building construction, ftre safety and properly maintenance conditions" This is why in2004 at your urging, the Village adopted the above referenced law. Recently, the Department of State revised the regulations found at 19 NYCRR Paft 1203, which regulations establish the minimum standards for how municipalities, such as the Village, must enforce the Uniform Code. These revised regulations go into effect January I,200J, meaning that the Village's Code Enforcement Law must meet these standards by the start of 2007 " We have reviewed the revised regulations found at 19 NYCRR Part 1203, as well as the Village's Code Enforcement taw to find which portions of this law need to be altered or amended to compiy with the new regulations. Kim Rothman of our office has prepared a revision of the existing Village law. Attached hereto is a copy of the Village's Code Enforcement Law marked with such changes as we suggest be made to bring this law into compliance with the new rules and regulations. I also enclose for your review and reference, copies of revised 19 NYCRR Part 7203 and an article written bv Wade Beltramo" counsel to the New York State Conference of Mayors ! I Brent A. Cross September 25,2006 Page 2 and Municipal Officials, which you may have noticed in the recent NYCOM Bulletin, and which discusses and summarizes the changes to the regulations. Please not that Section 11.2, Unsafe Buildings and Structures, needs to be compieted. We reeommend employing "Alternative2," but please advise so we can flesh out this provision. Please feel free to contact me if you have any questions. DAT:geb cc: Mayor Walter R. Lynn (w/encls.) Enclosure H:\3 0 1 6\00 1 \cones 2006\09- 22-0 6 Letl.erBoard of Trustees (draft).wpd Section 2. Duties and Powers of Code Enforcement Officer Except as otherwise specifically provided by law, ordinance, rule or regulation, the Code lEnforcement Officer shall administer and enforce all of the provisions of the New york State lJniform Fire Prevention and Building code, hereinafter sometimes referred to as "the Uniform (Jode," *n&ew York Consenrati "uction C sometimes lc&n'edJo.as-:thaF other laws, ordinances, rules and regulations applicable to trrlans, specifications, or permits for the construction, alterrtion and repair of buildings and sitructures, and the installation and use of materials and equipment therein, and to the location, use and occupancy thereof. The Building Commissioner shall also be the Village Fire Safety Inspector and sha1l administer and enforce the New York State Uniform Fire Prevention and Building code primarily with regard to requirements pertaining to the storage of combustible, flammable or o,therwise dangerous materiais. Section 3. Rules and Regulations The Village Board of Trustees mayby resolution, after public notice and publication at k:ast five (5) days prior to the effective date thereof in a newspaper of general circulation within the village, adopt such further procedural/administrative rules and regulations that the Board deems reasonable to carry out the provisions of this local law. The Code Enforcement Officer rnaymake recommendations to the Village Board of Trustees to adopt, amend, or appeal such rules and regulations as may reiate to the efficient administration and enforcement of the provisions of the Uniform Code. Such rules and regulations shall not conflict with the Uniform Code, this local law, or any other provision of law. Section 4. Acting Code Enforcement Of{icial h the absence of the Code Enforcement Officer, or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Board of Trustees, to designate a person to act on behalf of the Code Enforcement Officer and to exercise all the powers conferred upon him by this ordinance, at such compensation as the Board of Trustees may determine. Section 5. Appointment of Inspectors The Mayor with the approval of the Board of Trustees may appoint one inspector or nlore, as the need may arise, to act under the supervision and direction of the Code Enforcement Officer and to exercise anyportion of the powers and duties of the Code Enforcemsnt Officer as he may direct. The compensation of such inspector(s) shall be fixed by the Board of Trustees. Section 6. Restrictions on Emplolzees The Code Enforcement Officer or any ernployee of his office directly involved in code enforcement, shall not engage in any activity inconsistent with his d.uties, or with the interest of the building department; nor shall he, during the term of his employment, be engaged directly or inrJirectly in any building business, in the fuinishing of labor, materials, supplies or appliances fo,r, or the supervision of, the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications thereof within the County of Tompkins except that this provision shall not prohibit the officer or any employee from engaging in any such activities in 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 Bqard (a) Where practicabledifficulties or unnocessary hard.ship may result flom 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 promulgatedby the New York Department of State. The Code Enforcement Officer shall maintain a copy of such rules and regulations for public inspection and shall obtain and retain a copy of all decisions rendered by the Regional Board of R.eview of special interest andlor pertaining to matters affecting the Village of Cayuga Heights. (b) Where practical difficulties or unnecessary hardship may result from enforcement o:[the strict letter of any provision of this tocal Law or any rule or regulation hereunder which provision is not required by the Uniform Code, applications for variances and appeals, consistent with the spirit of such law, ru1e or regulations , may be made to the Village ZontngBoard of Appeais. Section 8. Buildins Permit No person, firm, corporation, association or other organtzation shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure, exeept-aa-agrieu-lt+rat-b+i{dirrger*t*+efu*e1 nor install heating equipment, without having applied for and obtained a permit from the Code Enforcement Officer. No permit shall be required for the perfotmance of necessary repairs which do not involve material alteration ollgrnqwl of (l) structural features, (2) a:r_v_requjred means. o&€ness".{.3) A.firq and/or (4) plumbin g, electical or heating/ventilation systems, such re$airs including, for example, the replacement of siding and roofing materials, nLor for the erection of fences rvhjch are not Ua.rt-qtlal enclosure suffounding a swilrming pggl, nor for the construction of @storagefaci1ities'oflessthanI40squaIefeetofgrossfloorarea' Such work shall neverlheless be done in conformance with the Uniform Code. Section 9. General Permitting Procedures The Code Enforcement Of{icer shall receive applications, approve plans and slrecifications, and issue permits for the erection and alteration of buildings or structures or parts thereof as detailed in the previous section and shall examine the premises for which such applications have been received, plans approved, or such permits have been issued for the purpose or insuring compliance with iaws, ordinances, rules and regulations governing building construction or alterations. 'i]:Io-T-EJhis ex-emp.tion is-Nor tistqd in.J9 NycRR..pe(12Q3 (a.s revis.e.O, whjch setaj.be nlnimumglsndards for enforcement ol the Uniform Code; this exemption was not specificallv listed in ihe piioi Wrsion of tg NYCRR Pa bltildino permits mav be allowed for:... {3) small noncommercial structures not indented for r-ise bv one or lnt)re persons as auarters for livinq, sleeping, eatinq or cookino, for example, a small storaoe buildinq Tltere is an exemption for "nonresidentialfarm buildinqs" in '19 NYCRR 1202.2: however this portion of the requlations sets the procedures to be followed bv the Secretary of State when il-te individual flQniciQS]ity and counlV have both. opted qut ol.gnfqrpjng the Unifo.rm Cq.dC_for tlrqmsel_v.q.s. {T[q:efore itg.not.applicable to.the Villepe of CqyU.gg Hejghts). A+#i+difiglrermi+wi{fb+i*sr ee*dc4enrrirre<{.1e*be e brm Foefifl€n+btrdisp+ryed-en-t&e preperLi-er pt' o$strL!€{isfi-se-as *< 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 shall be prescribed by resolution of the Village Board of Trustees. 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 fcrllowing: 1) name and address of the owner; 2) identification andlor description of the land on which the work is to be done, tncludine tax p4rApl@; description of use or occupancy of the land and existing or proposed building; description of the proposed work; estimated cost of the proposed work; statement that the work shall be performed in compliance with the Uniform Code and applicable State and local laws, ordinances and regulations; )) 4) s) 6) 7) At least 2 sets of construction documents (drawings andlor specifications) that dgfine the cope of the proposedrn'ark. Such consjfltgligLdoc.Unqnts-,shaJl Sr-e:?t _tlte &ll.owing requirements: orof"*u - - (b) indicate r.vith sufficient clarity and detail the nature and extent of the wqlKg&msgg; _ {d) i,vhere Applicable" include a site plan that shows ariy existinq and proposed structures on the site. the location of any existing or proposed well or septic system. the 8) required fee. sp ifig,"e€e$sary€r-apprepri ate in his j$epes+,"Appiicant may confer with the Code Enforcement Officer in advance of submitting his application to discuss the Code Enforcement Officer's requirements for same. A builciinq permit will be issued rvhen the appliggliign has been detemrined to be con'rplete" when.the prgposed work i.s determined to confu:m to ihe provisions of the Unifomr Code, if applicable. and r,vhen the Code En{brcement Officer has determined that the proposed york is in complimc cr:nstruction documents accepted as pga!_gf a pennit app,ligatLiegjg be so marked in writing or by stannp. The Cocie Enforcemeni Officer shall retain one set of accepted constructicn docur::lents" and cire set shal1 be retumed to the applicant to be kept at the work site so as to be available for p$p_erty or preurisQs _to Whighit pertai4fi .duripg qon.Ftruction so rui _t_o be rE4dillr. Sgell&arn Adjacent thorough The Building F"_qtmit plpll corl-t_ain a ptatemeqt lha1 .alJ _rvaf]r mUst be pqr;ftrrn:qd in g{:corciance lvith the cr:nstruotion documents and infoimation contained in t}re application* and Agpplicant 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 itsel{ effect revocation of the permit previously issued. A building permit issued pursuant to this Local Law 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 :a qmlggjor:. misrepresentation or falsification of a material fact 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 a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be re,newed for successive one-year periods provided that: 1) the permit has not been revoked or suspended at the time the application for renewal is made, 2) the relevant information in the application is up to date, and 3) the renewal fee is paid. S,e"qtjon 9,1 : Cons - (1) Permitted work shall be required to remain accessible and exaosed until inspected aud accepted bv tlie.C-ode Erlforc.e.ffisnl gffi-cel:Egmrit hol.derq shal.l be requjred io notif-v the code Enforcement officer when constructlon rvork is ready for inspection. (2)_.- &:oviqiqnq shpll bp.made futinspecrio4 pf_lhe fqllowjng olesrsnrs of the construction prooess. where applicable : (i)_worl< site prior to. tlre issuante* gJA permit; (ii) footine and foundationl {ji i) preJ&tati on_fo.r .c_cr: cr:pje slab ; (ir,) fl.aming: (v) bgildjng. svstems. incipdin&uMergr:ound_ aitd rough:in.; (rri) fire resistant ccnstruction; (vii) fire resistffit pe8Qtrations; {viii) solid ftiel buming heating appliances, chimne}'s. flues or gas vents: (ix) e.nergy cod_e co$lgliaqc_q; and (x) a final inspection after all urork authorized by the building permit has l:een corppleted.. * (3] After inspection. the work or a portion thereof shal1 be noted as satisfactory as cog:&leted. orlhe pegnit ho-].{er shall_be:$otified-a.s_t-o. :Uhere th.g*work failg to comlrly*yith the Uniform Code. Conslruction worl< not in compliance with code provisions shall be required to Lgmain exposed u.{1i] it has been b-Lought-hto_.po$tp.ijailQs with the c.ode,.been reinsp*ected, and Ue,en founA safisftctory Section 10. Certificates of Occupancy (a) No building hereafter erected. enlangqd. extendp h*u bqgn pqrform-q-{u'htq-h teq*ired-thg issqanr* o-f * buil-dioq p*nr.j! shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Code Enforcement Officer. ferine*e-+kax-3$drys-a&er+he-eonrptreti"e@nles*preerti4e*te-+f (sb)' No change shall be made in the occupancy of an existing building unless a certificate of occupancy aathorizing such change shall have been issued. (dg) When, after final inspection, it is forurd that the proposed work has been completed in accordance with the applicable laws, ordinances, rules or regulations, and also in accordance with the application, the Code Enforcement Officer shall issue a certrfrcate of oocupancy. If it is found the proposed work has not been properly completed, the Code Enforcement Officer shali not issue a certificate of occupancy and sha11 order the work completed immediately in conformify with the building permit and in conformity with the applicable building regulations. (e) A certificate of occupancy shali be issued, where appropriate, within thirty d.ays alter written application therefore is made. (0 The certificate of occupancy shali acknowledgethatthe work has been completed, and that the proposed use and occupancy is in conformity with the provisions of the applicable laws, ordinances, rules and regulations, and re rvhieh the br+iiding or slruetu,re er its several parts ffi*y beir*Lte-use-.9h4!l sgnlL{inib€ @ (i) the buildin-q petmit nunrber. if anv: fii).lhe date of issuance of the p-e.rmit. i.f a.Fy; {jiiJ the name. address and tax map uumber of the propert}'; fiv) if the certifigate is not applic?ble-to an eJrtjre sfr.lcture,jl-descriptioF clf that oortion of the structure for which the certificate is issued; {yl1.h.q use and occllpanqy classi.ficatiqn of thq s.kUqf ,u.re; (r.'ii the tlpe of construction of the structure; (.yiii the agsem.b.llz ogc.:rpant load gJ. thegtructg-le" if aay: frriii) if an auiomaiic sprinkler system is provided. a notation as to rvhether the sprinkLgr sy.stem is lgqukedl {ix) an}, spesial conditions imposed in connection with the issuance of the building Perrni!; -ard (x) the siFlature of the official isslring the oefiifioate and the date of issuance. (g) Upon request, the Code Enforcement Officer may issue aterrrporary certificate of occupancy for building or structure, or partthereol before the entire work covered by the building permit shall have been completed provided such portions as have been completed fl) rnay be occupied safely without endangering life or the public health and welfare-{2}-1uvg arperajionalfire and smoke dgtecling and{Ql fire plotecti-or e*uipment" and-{-3) all required grpans gf egress have been provided. A temporary certi{rcate of occupancy shall remain effective for the period stated therein which shall not exceed six months from its date of issuance,3ryi:ful;iry rffhich time the holder mLrst diligently undertake to bring the entire structure into firll compliance. j;uqh that a pellanent Ceruflaate of or good causes and in unusual r;ituations the Code Enforcement Officer in his sole discretion may allow a maximum of two extensions for periods not exceeding six months each" (h) After completion of work requiring a building permit hereunder where issuance of a Certificate of Occupancy is not appropriate, the Code Enforcement Officer shal1 issue instead a Certifi cate of S atisfactory Completion. _ (i) A certifioate of eiccupancy issued in error or on the basis of inconect infoimation ;;hall be suspendeci or revolced jJ-Ihg re].evant deficie;Lejes are not _c_o$'gcted lui.Lhirl _al_easgnable period of time as deterrnined by the Code Enforcernent Officer, Iiection 1 1. Fire Prevention and,Sa[etlllnspections (a) Any and all areas of public assembly and all dormitory buildings shall be inspeoted at least once each calendar year for the purpose of determining compliance with fire srafety requirements of the Code. Said inspections shall be completed by the Code Enforcement Officer prior to November 30th of each year. (b) Al1 dwelling units in a building consisting of more than two such units and the oommon areas of such building such as halls, foyers, staircases, etc., shall be inspected for the pulpose of determining compliance with fire safety requirements of the Uniform Code at least once in each odd-number-ending calendar year (e.g.,2003). Said inspections shal1 be completed try the Code Enforcement Officer prior to November 30th of eachyear. (") A11 other buildings, uses and occupancies, other than public assembly and one or fwo family dwelling units, sha1l be inspected once in each even-number-ending calendar 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 buiiding or dwelling unit shal1 be perform ed 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 violation of the uniform code exists or (3) other reasonable and reliable information that such violation exists. Sectian t t.t OpCIAtlng P exceedi *rose in Tables 2 I{1\.27 1Q\.2703.na31.1 the Fire Code of New-York State {see_l9 NYC&Rpart 1225); e and waste handling load of 100 persons_.or lnorg; and >J seml:one t limited t - (2) Pari.ies rvlto propose to und.ertake the types of activities or operate the types of lrUildiqgS-listed-in palagraph {i) of tlup pub4ivision qhall bqtequirpd tp obtairla.n operaring trlermit prior to commencinq sr"rch operation. An applicalion for an operatinq permit shall contain lrlfficie4l infuqmatiqir to per$rit a.sletefmination thA!qrurntitig_s, n:atp:ria1L_and agtivitiep_gonforru 1o the leQuiremqnts of thq Uniform Code. Tests or reports necessarv io veriqv confornance shall lre.required. - {3) An inspegtion of the premises shall be conductecl prior to ihe issuance of an S,pgigrlng.-peti4i!. - (4) A single operating permit may apply to more than one hazardaus activity. * ...*....(5) Operatine p-p.finjts qg.yjern.arn.in..qf,-fect.pnttl rei..ssued" re-newed or levoked_gr rna)a he lssued mr a spec __{6} Wrerg_activjtie$Jo R_ot compl}'rvilh_qrplic_able pro._viFionp _of the*U_nifonn Cc}de" an aperating permit shall be revoked or suspended. $eQiicn 11.2 Unsafe Buildings and-S!ruc*res ALTERNATfVE 1: Unsafe structures and ec{uipment in this Village shall be identified Frrdaddre-sspd in accordance w.ith tlre pro.gedtryes_pSlablishp_d by lo-qgal Larv Nqmber I o_f *- ], as now in effect or as hereafter amended from time to time. ALTERNATIVE ?: uns+fe structures-ald eqqip$renr inlhis yiilagq shallb-q idpffified and addressed in accordance with the following proceriures [specifv procedrres]. The chief of the fire department providing fire fightinq seryices for a propertl/ wifhin the YillS{gS}r411_plomplly notifr the Qgde Enjnrcem,q.nt Officgr__of at}' fire or ex.plosio$"involr'inq anv structural ciamage. fuel burning appliance. chimne:r or gas rrent Slection 12. Department Records and Repofis (a) The Code Enforcement Officer shail keep permanent official records of all transactions and activities conducted by him including all applications received, plans approved gl_dgnj_gd, permits and certificates issued, .complaints receiv.q.cl,.fees charged and collected, inspection reports, all ruies and regulations promulgated by the municipality, andnotices and orders issued. A11 such reports shall be public information open to the public inspection during normal business hours. (b) The Code Enforcement Officer sha1l annually submit to the Village Board of llrustees a written report of all business conducted, and more frequently upon request. O fonn provlded tv tne S erdnii.ni gf r#.qfl ,. an d -enfqr f its activities in pnforcement .pf thg lgifoim, Code. Ilection 13. Stop Orders Whenever the Code Enforcement Officer has reasonable grounds to believe that work on zmy building or structure is being performed in violation of the provisions of the New York State IJniform Fire Prevention and Building Code or applicable laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe manner and dangerous manner, he shall notify the owner of the property, org&d the owner's agent , to suspend all work and issue a Stop Work Order. A[q$uch persons perfornting woi:]< shall immediately stop such work and suspend all truilding activities until the stop orders have been rescinded. All Stop Work Orders and notices shall be writing and shall state the conditions under 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 rrltum receipt requested, and simultaneously by regular mail, with return address noted. Section 14.Violations (a) Upon determination by the Code Enforcement Officer or the Fire Safety Inspector (or their respective designees) that aviolation of the Uniform Code or this iocal law exists in, on, or about any building or premises, he shall order in writing the remedying of the condition. Such or:der shall state the specific provision of the Unifonn Code which the particular condition vj,olates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compiiance shall be instituted. Such order shall be served personally or by certified mail, return receipt requer;ted. (b) Any person, firm or corporation who violates any provision of the Uniform Code, this Local Law, or any rule or regulation issued under this local law, or the terms or conditions of arLy Certificate of Occupancy issued by the Building and Fire Safety Inspector, shall be liable to a r;ivil penalty of not more than $100.00 for each day or part thereof during which such violation co,ntinues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of the Villase Board on its own initiative or atthe request of the Code Ilnforcement Officer or the Fire Safety Inspector. (c) Alternatively, and in addition to an action to recover the civil penalties provided by subsection (b), the Village Board may institute any appropriate action or proceeding in any courf of competent jurisdiction to prevent, restrain, enjoin, correct, or fuate any violation of, or to enforce, anyprovision of the Uniform Code or terms or conditions of any Certificate of Occupaney issued by the Code Enforcement Officer or the Fire Safety Inspector. (d) Furthermore, the Village Board may designate ceftain violations as criminal in nature, subject to fine or imprisonment as the case maybe" A violation of Code Requirements trrertaining to storage of combustibie, flammable, or otherwise dangerous materials is hereby tleclared to constitute a Violation as defined in the Penal Law of the State of New York, and sha1l be punishabie 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 r,'iolation. These penalties shall be in addition to any other penaity provided by law. Slection 15. Severabili8 If any section, paragraph, subdivision, clause, phrase, or provision of this Locai Law shall b,e judged invalid or held unconstitutional, it shall not affect the validity of this Local Law as a vrhole or anypart of provision thereof other than thepart so decided to be invalid or unconstitutional. Section 16. Effective Date The Local Law shall take effect upon filing with the Department of State. l{:\3016\001\1oca1 laws\local law vch revised 2 4 04.wod