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HomeMy WebLinkAbout1984 Local Law #3, Administration of Building Codes - t , a i STATE OF NEW YORK DEPARTMENT OF STATE 162 WASHINGTON AVENUE GAIL S.SHAFFER ALBANY, NEW YORK 12231 Secretary of State January 14, 1985 Linda Fetherbay Town Clerk 1830 Danby Road Ithaca, N.Y. 14850 Dear Sir/Madam: We are returning Local Law(s)No. 3 and 4 of the year 1984 of the Town of Danby for the reason(s)indicated below: (i The date of passage of this local law must be set forth in paragraph of each certification tea l I form. ElThe certification of the clerk of the municipality must be signed and/or dated where indicated. LiThe certification of the attorney of the municipality must be signed and/or dated where indicated. At least one copy of this local law must contain the original signature of the ElThis local law refers to itself as an ordinance/resolution Section 2(9)(b) of the Municipal Home Rule Law states a local law "shall not mean or include or- dinance, resolution." Local laws must be filed in numerical order with this office. To date, we have no record of LIocal Law — No. having been filed;therefore, we are unable to file the enclosed law at this time. ElSection 130.3 of Title 19 NYCRR requires that all local laws be filed on forms provided by this office and that all additional pages be of the same size as the forms provided. Section 130.2 of Title 19 NYCRR requires that one copy of the local law be an original or first copy. The enclosed copies are of too poor a quality to permit microfilming and reproduction by this office. © Other: If local law #3 increases the salary of an elective official during his term of office it is subject to permissive referendum. Certification #4 must be completed when completing same, please bear in mind the 45 day time frame required between the date of approval or passage and the date of adoption._ Sincerely, c:‹te....e/L3 Emmazine Lindsay • Head Clerk Enc. State Records and Law Bureau 382004-001(9/83) • (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to Indicate new matter. -6vmity fifty of pa.n.11.14 , Town Village Local Law No. 3 of the year 19 -Al..... A local law providing for the administration and enforcement of the (Iereri title) Uniform Fire Prevention and Building Code. • Town Board Be it enacted by the of the r^.'^�, (flue of Loginleave Body) 'Count Town of Danby as follows: - ille6e SECTION 1 . Designation of Building Official . There is hereby designated in the Town of Danby a public official to be known as the Building Official , who shall be appointed by the Supervisor with the approval of the Town Board at a compensation to be fixed by the Town Board. SECTION 2 . Acting Buiding Official . In the absence of the Building Official , or in the case of his 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 on behalf of the Building Official and to exercise"-all the powers.-conferred upon him by this Local Law. SECTION 3. Appointment of Building Inspectors. The Supervisor with the approval of the Town Board may appoint one building inspector or more, as the need may appear, to act under the supervision and direction of the Building Official and to exercise any portion of the powers and duties of the Building Official as directed by him. The compensation of such building inspectors shall be fixed by the Town Board. (If additional so ce is needed, please attach sheets of the same size as this and number eachriell Page 1 V / , SECTION 4 . Conflicts of Interest . The Building Official , any building inspector, or any officer or employee of the Building Official or any Building Inspector, shall not engage in any activity inconsistent with his duties within the Town of Danby. In the event that the Building Official or any building inspector is directly or indirectly engaged in the construction of, the furnishing of labor, materials, supplies, or appliances for, the supervision of, the alteration, demolition, or maintenance of, or the preparation of plans or specifications f P s or any building within y q the Town of Danby, that building shall be inspected by a disinterested, qualified inspector appointed by the Supervisor with the consent of the Town Board. SECTION 5. Duties and Powers of Building Official . (a ) Except as otherwise specifically provided by law, ordinance, rule, or regulation, or except as herein otherwise provided, the Building Official shall administer and enforce all of the provisions of law, ordinances, rules, and regulations applicable to the plans, specifications, or permits for the construction, alteration, and repair of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, and occupancy thereof. (b ) He shall promulgate rules and regulations subject to the approval of the Town Board to secure the intent and purposes of this Local Law and a proper enforcement of the laws, ordinances, rules, and regulations governing building plans, specifications, construction, alteration, or repairs. (c) He shall receive application, approve plans and specifications, and issue permits for the erection and alteration of buildings or structures or parts thereof and shall inspect or arrange for the inspection of the premises for which such applications haver been received, plans approved, or such permits have been issued for the purpose of insuring compliance with laws, ordinances, rules, and regulations governing building construction or alterations. (d) He shall issue in writing all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances, rules, and regulations, and such notices or orders may beserved upon the property owner or his agent personally, or by sending by certified mail a copy of such order to the owner or his agent at the address set forth in the application for permission for construction or alteration of such building, and by posting the same upon a conspicuous portion of the premises to which the notice applies. 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 appointed . 'A pursuant to Section 3 above or from generally recognized and a authoritative service and inspection bureaus or agencies, r:• provided the same are certified by a responsible official thereof. (e) Whenever the same amy be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules, and regulations covering building construction or alteration, he may, in his discretion, accept and rely upon written reports of tests in the field by experienced, professional persons, or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies. (f) He shall issue a certificate of occupancy where appropriate for a building constructed or altered in accordance with the provisions of the Uniform Fire Prevention and Building Code which such certificate shall certify that the building conforms to the requirements of the Uniform Fire Prevention and Building Code. SECTION 6. Records and Reports (a ) The Building Official shall keep permanent duplicate official records of all transactions and activities conducted by him including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Town Board, and notices and orders issued. One such set of records shall be kept in the Town Clerk ' s office as public records open to public inspection during normal business hours. (b ) The Building Official shall , monthly, submit to the Town Baord a written report and summary of all business conducted by him including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, and a summary of litigation pending or concluded. SECTION 7. Remedies and Penalties. (a ) It shall be unlawful for any person, firm, or corporation to construct, alter, repair, move, equip, use, or occupy any building or structure or portion thereof in violation of any provision of law or ordinance, as well as any regulation or rule promulgated by the Building Official in accordance with applicable laws, or to fail in any manner tor, comply with a notice, directive, or oder of the Building Official , or to construct, alter, uee or ocoupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. (b ) In addition to-the remedies prescribed by Executive Law §382, any person who shall sail to comply with a written order of the Building Official within the time fixed for compliance therewith , anq any owner , builder, architect , i il contractor, subcontractor, construction superintendent , or their agents, or any person taking part or assisting in the construction or use of any building who shall knowingly violate any of the appli- cable provisions of law, or any lawful order, notice, directive, permit , or certificate of the Building Official made thereunder, shall be punishable by a fine of not more thah $500 or imprisonment for a period not exceeding 15 days, or both . Each day that any violation continues to exist beyond the date fixed in the order of the Building Official to remedy such violation shall be deemed a separate offense. SECTION 8. Variance and Review. A request for a variance from the Uniform Fire Prevention and Building Code and an appeal to review a determina- tion of or failure to render a determination by the Building Official shall be processed with the appropriate board of review as provided in 19 NYCRR 440. . SECTION 9. Abatement of Violation. Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct, or abate a violation or to prevent illegal occupancy of a building, structure, or premises or to prevent illegal acts, conduct , or business in or about ny premises and these remedies shall be in addition to penalties otherwise prescrived by law. SECTION 10. Bulding Permits. (a ) No person, fin4 or corporation shall commence the erection, construction, enlargement , alteration, improvement , conversion, or change in the nature of the ocoupancy of any building or structure, or cause the same to be done, with- out first obtaining a separate building permit from the Building Official for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which do not involve material alteration of structural features of the building or structure, and further that no building permit shall be requirddrbor the construction of small non- commercial structures not intended for human habitation. (b) Application for abbui !'&mng permit shall be made to the Building Official on forms proveded by him and shall contain the following information : (1 ) A description of land on which the p proposed work is to be done; (2 ) A statement of the use or occupancy of all parts of the land and the proposed building or structure; . ( 3) The valuation 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 either of them are corporations, and the name and addresses of the owner 's authorized agent , if any; (5 ) A brief description of the nature of the proposed work ; (6 ) A statement that the applicant consents to permit the Building Official , any building inspector, and any other petsoniautihorized or designated under this Local Law to enter u upon the premises without a search warrant in the manner prescribed in Section 15, and a statement that the work shall be performed in compliance with the Uniform Code and any other applicable state and local laws, ordinances, and regulations. ( 7) Such other information as may reasonably be required by the Building Official to establish compliance of the proposed work with the requirements of the applicable building laws, 00rdinance$, rules, and regulations. (c ) The application shall be signed by the owner or his authorized agent . (d) The application shall bemmade by the owner or by the agent , architect, engineer, or builder employedien 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 that the proposed work is authorized by the owner and the applicant is authorized to make such application; and the affidavit shall contain a statement that the owner authorizes the applicant to consent to permit the Building Official ; any building inspector, and any other person authorized or designated under this Local Law to enter upon the premises without a search warrant in the manner prescribed in Section 15. (e) Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, 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 per- formed 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 Official , details of structural , mechanical , and electrical work, including computations, stress diagrams, and other essential technical data , plans and speEifi - cations shall bear the signature of the person responsible for the design and drawings and where required by Sections 7202 or 7302, as amended, of Articles 145 or 147 of the Education Law of the State of New York, the seal of a1licensed architect or a licensed professional engineer; the Building Official may waive the requirements for filing plans and specifications for minor alterations and issue a building permit so stating. (f) Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Official and approval received from the Building Official prior to the commencement of such change of work. • SECTION 11 . Fees. (a ) The Town Baord shall by resolution from time to time set a fee schedule for building permits, certificate of eccupance, and dor any other duties that the Building Official might be called upon to perform under this Local Law. (b ) In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 5;0% of the fee paid, provided no work has been commenced. If work has been started and the application is not approved, the fees paid shall not be refunded. SECTION 12. Issuance of Building Permit or Disapproval of Application . (a ) The Building Official 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 one week from the date of submission of the 'application . (b) Upon approval of the application and upon receipt of the fees therefor, the Building Official shall issue a building permit to the applicant upon the form prescribed by the Building Official 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 specifi - cations shall be retained in the files of the Building Official and the other set shall be returned to the applicant togbther with the building permit and shall be kept by the applicant at the building site opensfolinhpelrtpon by the Building Official or his authorized representative at all reasonable times (d) If the application togbther with plans, specifications, and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Official shall disapprove the same and shall return the plans and specifi - cations to the applicant . Upon the request of the applicant, the Building Official shall cause such refusal , togbthbr with the reasons therefor, to be transmitted to the applicant in writing. • SECTION 13. Performance of Work Under Building Permit . (a ) A building permit shall be effective to authorize the commencing of work for a period of six months after the date of its issuance. For good cause the Building Official may allow a maximum of two extensions for periods not exceeding one year each . All work shall conform to the approved application, plans, and specifications and shall be in accordance with applicable building laws, ordinances, rules, and regulations. (b ) Building permits shall be prominently displayed on the job site at all times during the progress of the work so as to be readily seen from adjacent thoroughfares. SECTION 14 . Revocation of Building Permit . The Building Official may revoke a building permit theretofore issued in the following instances : • (a) Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans, or specificationsoon which the building permit was based; (b) Where he finds that the building permit was issued in error and should not have been issued in accord- ance with the applicable law; (c) Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans, or specifications or; . (d) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Official . SECTION 15. Stop Orders. Whenever the Building Official has reasonabte grounds to believe that work on any building or structure is • being prosecuted int.,violation of the provisions of the appli - cable building laws, ordinances, rules, 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 and dangerous manner, he shall notify the owner of the property, or the owner ' s agent , to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be writing, shall state the conditions under which the work may be resumed and may served upon,ia 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 where the work is being • performed and sending a copy of the same to him be certified mail at the address set forth in the application for permission for the construction of such building. SECTION 16. Right of Entry. The Building Official and building inspectors, upon the showing of proper credentials and in the discharge of their duties, shall be permitted to enter upon any building,• structure, or premises without interference, during reasonable hours. SECTION 17. Building Inspections. (a ) The progress of work for which a permit has been issued shall be 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 and applicable regulations. Such inspection shall be carried out prior to enclosing or covering of the particular portion or phase of building construction, including but not limited to : excavation ; foundation, structural elements; energy conservation ; meeaures required by the Uniform Code; electrical systems; plumbing; heating, ventia tion, and air conditioning systems; fire protection and detection systems; and exit features. (b ) It shall be the duty and responsibility of the owner or his authorized agent to inform the Building Official that the work is ready for each phase of inspection . SECTION 18. Fire Prevention and Safety Inspection . (a ) All dwelling units in a building consisting of more than two such units, all trailers, and one or two dwelling unit buildings that are regularly leased to tenants, shall be inspected for the purpose of determining compliance with safety requirements of the Uniform Code at least once in every 12 months. Inspection of the common areas of such buildings such as halls, foyers, staircases, etc. , shall be so inspected at least once in every 6 months. (b ) Fire safety inspections of areas of public assembly as defined in 9 NYCRR 606 shall be ()conducted at least once in every twelve months. (c ) An inspection of a building of dwelling unit: shall be performed at any other time upon (1 ) request of the owner or his authorized agent , (2) receipt of a written statement specifying the ground upon which the subscriber believes that a violation of the Uniform Code exists, or (3 ) other reasonable and reliable information that such viola- tion exists. SECTION 19. Permits for Solid Fuel Burrairig Heating Appliance. A permit for installation of a solid fuel ; burning heating appliance, chimney, or flue in any dwelling unit: shall be obtained as provided in Section 10 of this Local Law. If the Building Official , after inspection, determines that the installation is in compliance with .- hhe Uniform Code, he shall issue a certificate of compliance vnt:a form to be prescribed by resolution of the Town Board. A violation of this section and of subdivision 5 of 's378 of the Executive Law shall be punishable as provided in such subdivision 5. SECTION 20. Certificates of Occupancy. (a ) No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Official . (b ) No building hereafter enlarged, extended, or altered, or upon which work has been performed .which required the issuance of a building permit , shall be occupied or used for more than 30 days after the completion of the alteration or work unless a• certificate of occupancy shall have been issued by the Building Official . (c ) No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Official ; occupancy classifications for purposes of this paragraph are those found in 9 NYCRR 701 . (d) The owner or his agent shall make application for a certificate of occupancy . Accompanying this application and before the issuance of a certificate of occupancy, there shallbe filed with the Building Official an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought . If the owner is also the builder , then he shall sign the affidavit . This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought , that the structure has been erected in accordance with approved plans, and as erected complies with the Unfmrm Code or a varied by a change order which has been legally authorized. Such change orders and qualifying conditions imposed therewith, if any, shall be specified in the affidavit . SECTION 21 . Inspection Prior to Issuance of Certificate of Occupancy. — -- Before issuing a certificate of occupancy, the Building Official shall examine or cause to be examined all buildings, structures, and sites for which an application has been filed for a building permit totconstruct , enlarge, • • alter, repair, or change the use or nature of occupancy, 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. There shall be maintained a duplicate record of all such examinations and inspections together with a record of dindings of violations of the law. SECTION 22. Issuance of Certificate of Occupancy . (a ) When, after final inspection, it is found that the prpoosed work has been completed in accordance with the applicable building laws, ordinances, rules, and regula- tions, and also in accordance with the applicatdon, plans, and specifications filed in connection with the issuance of the building permit , the Building Official shall issue a certificate of occupancy upon the form provided by him. It is found that the prpoosed work has not been proper1jucompleted, the Building. Official shall not 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. (b ) A certificate of occupancy shall be issued, where appropriate,. within 30 days after written application therefor is made. (c) 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, rule, 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 . SECTION 23. Temporary Certificate of Occupancy . Upon request , the Building Official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or the public health or welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good cause the Building Official may allow a maximum of two extensions for periods not exceeding three months each . ', SECTION 24, Effective Date. This Local Law shall take effect immediately upon filing in the office of the Secretary of State. t; ?? . I,. .1. Date:. Dear Sir/Madam: Please be advised that Local Law(s)No. 3 of 84 of the Town of Dan15y was/were received and filed on 2/8/85 Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records 383602-004(12/82) NYS Department of State Bureau of State Records ,�,.: 162 Washington Avenue;: ±J•S•l USibUC Albany, NY 12231 APR 1'85 /.7 1,_ �:r Linda Fetherbay • . Denby Town Clerk 1830 Denby Rd. Ithaca, New York 14850 • I!!}II!!!!II!!IUI!I!II!!!!!I!II , ' h (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. . Town of -Village Local Law No. 3 of the year 19 -84 A local law providing for the administration and enforcement of the (laaeet tide) Uniform Fire Prevention and Building Code. Town Board Be it enacted by the of the (Name el Legislative Body) of Danby as follows: Town SECTION 1 . Designation of Building Official . There is hereby designated in the Town of Danby a public official to be known as the Building Official , who shall be appointed by the Supervisor with the approval of the Town Board at a compensation to be fixed by the Town Board. SECTION 2. Acting Buiding Official . In the absence of the Building Official , or in the case of his inability toact for any reason, the Supervisor shall have the power, with the consent of the Town Board, to • designate a person to act on behalf of the Building Official and to exercise""all the powers.-;conferred upon him by this Local Law. SECTION 3. Appointment of Building Inspectors. The Supervisor with the approval of the Town Board may appoint one building inspector or more, as the need may appear, to act under the supervision and direction of the Building Official and to exercise any portion of the powers and duties of the Building Official as directed by him. The compensation of such building inspectors shall be fixed by the Town Board. E'(If additional space is needed, please attach sheets of the same size as this and number each)' Page 1 SECTION 4 . Conflicts of Interest . The Building Official , any building inspector, or any officer or employee of the Building Official or any Building Inspector, shall not engage in any activity inconsistent with his duties within the Town of Danby. In the event that the Building Official or any building inspector is directly or indirectly engaged in the construction of, the furnishing of labor., materials, supplies, or appliances for, the supervision of, the alterati=on, demolition, or maintenance of, or the preparation of plans or specifications for, any building within the Town of Danby, that building shall be inspected by a disinterested, qualified inspector appointed by the Supervisor with the consent of the Town Board. SECTION 5.. Duties and Powers of Building Official . (a) Except as otherwise specifically provided by law, ordinance, rule, or regulation, or except as herein otherwise provided, the Building Official shall administer and enforce all of the provisions of law, ordinances, rules, and regulations applicable to the plans, specifications, or permits for the construction, alteration, and repair of buildings and st'ructures, and the installation and use of materials and equipment therein, and the location, use, and occupancy thereof. (b) He shall promulgate rules and regulations subject to the approval of the Town Board to secure the intent and purposes of this Local Law and a proper enforcement of the Laws, ordinances, rules, and regulations governing building plans, specifications, construction, alteration, or repairs. (c) He shall receive application, approve plans and specifications, and issue permits for the erection and alteration of buildings or structures or parts thereof and shall inspect or arrange for the inspection of the premises for which such applications have been received, plans approved, or such permits have been issued for the purposes of insuring compliance with laws, ordinances, rules, and regulations governing building construction or alterations. (d) He shall issue in writing all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances, rules, and regulations, and such notices or orders may beserved upon the property owner or his agent personally, or by sending by certified mail a copy of such order to the owner or his agent at the address set forth in the application for permission for construction or alteration of such building, and by posting the same upon a s u o u c cons i portion of the P P premises to which the notice applies. 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 appointed pursuant to Section 3 above or from generally recognized and <a authoritative service and inspection bureaus or agencies, r:. . provided the same are certified by a responsible official thereof. (e) Whenever the same amy be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules, and regulations covering building construction or alteration, he may, in his discretion, accept and rely upon written reports of tests in the field by experienced; professional persons, or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies. (f) He shall issue a certificate of occupancy , where appropriate for a building constructed or altered in accordance with the provisions of the Uniform Fire Prevention and Building Code which such certificate shall certify that the building conforms to the requirements of the Uniform Fire Prevention • and Building Code. SECTION 6. Records and Reports (a ) The Building Official shall keep permanent duplicate official records of all transactions and activities conducted by him including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Town Board, and notices and orders issued. One such set of records, shall be kept in the Town Clerk ' s office as public records open to public inspection during normal business hours. (b ) The Building Official shall , monthly, submit to the Town Baord a written report and summary of all business conducted by him including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, and a summary of litigation pending or concluded. SECTION 7. Remedies and Penalties. (a) It shall be unlawful for any person, firm, or corporation to construct, alter, repair, move, equip, use„ or occupy any building or structure or portion thereof in violation of any provision of law or ordinance, as well as any regulation or rule promulgated by the Building Official in accordance with applicable laws, or to fail in any manner tor: comply with a notice, directive, or oder of the Building Official , or to construct, alter, use or ocoupy any building or structure or part thereof in a manner not permitted by an approved building permit • or certificate of occupancy. (b) In addition to==the remedies prescribed by Executive Law §382, any person who shall tail to comply with a written order of the Building Official within the time fixed for compliance therewith, and any order, builder, architect, contractor, subcontractor, construction superintendent , or their agents, or any person taking part or assisting in the construction or use of any building who shall knowingly violate any of the appli- cable provisions of law, or any lawful order, notice, directive, permit, or certificate of the Building Official made thereunder, shall be punishable by a fine of not more thah $500 or imprisonment for a period not exceeding 15 days, or both . Each day that any vimllation continues to exist beyond the date fixed in the order of the Building Official to remedy such violation shall be deemed a separate offense. SECTION 8. Variance and Review. A request for a variance from the Uniform Fire Prevention and Building Code and an appeal to review a determina. tion of or failure to render a determination by the Building Official shall be processed with the appropriate board of review as provided in 19 NYCRR 440. SECTION 9. Abatement of Violation . Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct, or abate a violation or to prevent illegal occupancy of a building, structure, or premises or to prevent illegal acts, conduct, or business in or about ny premises and these remedies shall be in addition to penalties otherwise prescrived by law. SECTION 10. Bulding Permits. (a ) No person, firm, or corporation shall commence the erection, construction, enlargement, alteration, improvement, conversion, or change in the nature of the occupancy of any building or structure, or cause the same to be done, with- out first obtaining a separate building permit from the Building Official for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which do not involve material alteration of structural features of the building or structure, and further that no building permit shall be requiredr6or the construction of small non- commercial structures not intended for human habitation. (b) Application for: abbuillaleng permit shall be made to the Building Official on forms proveded by him and shall contain the following information : (1 ) A description of land on which the p proposed work is to be done; (2) A statement of the use or occupancy of all parts of the land and the proposed building or structure; (3) The valuation 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 either of them are corporations, and the. name and addresses of the owner 's authorized • agent , if any; (5 ) A brief description of .the nature of the proposed work; • (6) A statement that the applicant consents to permit the Building Official', any building inspector, ' and any other per.soniautlhorized or designated under this Local Law to enter u • upon the premises without a search warrant in the manner prescribed in Section 15, and a statement that the work shall be performed in compliance with the Uniform Code and any other applicable state and local laws, ordinances, and regulations. ( 7) Such other. information as may reasonably be required by the Building Official to establish compliance of the proposed wmr.k with the requirements of the applicable building laws, 00rdinances, rules, and regulations. (c) The application shall be signed by the owner or his authorized agent . (d) The application shall bemmade by ' the owner or by the. agent, architect, _engineer, or builder employedi.thn com©ection 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 that the proposed work- is authorized by the owner and the applicant ,is authorized to make such application; and the affidavit shall contain a statement that the owner authorizes the applicant to consent to permit the Building Official ; any building inspector, and any other person authorized or • designated under this Local Law to enter upon the premises without a search warrant in the 'manner prescribed in Section 15. (e) Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, 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 per- formed 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 Official , details of structural , mechanical , and electrical work, including computations, stress diagrams, and other essential technical data, plans and specifi- cations shall bear the signature of the person responsible for the design and drawings and where required by Sections 7202 or • 7302, as amended, of Articles 145 or 147 of the Education Law of the State of New York,. the seal . of allicensed architect or a • • licensed professional engineer; the Building Official may waive • the requirements for filing plans and specifications for minor alteaations and issue a building permit so stating. (f) Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Official and approval received from the Building Official prior to the commencement of such change • of work. • SECTION 11 . Fees. • (a) The Town Baord shall by resolution from time to time set a fee schedule for building permits, certificate of occupance, and dor any other duties that the Building Official might be called upon ' to perform under this Local Law. (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 no work has been commenced. If .work has been started and the application is not approved, the fees paid shall not be refunded. SECTION 12. Issuance of Building Permit or Disapproval of Application. • (a ) The Building Official 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 one week from the date of submission of the application . (b) Upon approval of the application and upon receipt of the fees therefor, the Building Official shall issue a building permit to the applicant upon the form prescribed by the Building Official 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 specifi- cations shall be retained in the files of the Building Official and the other set shall be returned to the applicant together with the building permit and shall be kept by the applicant at the building site opensbolinbpelrt ion by the Building Official or his authorized representative at all reasonable times (d) If the application together with plans, specifications, and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Official shall disapprove the same and shall return the plans and specifi- cations. to the applicant_. Upon the request of the applicant, • the Building Official shall cause such refusal , together with the reasons therefor, to be transmitted to the applicant in. • writing. SECTION 13. Performance of Work Under Building Permit . (a). --A building permit shall be effective to authorize the commencing of work for a period of six months after the date of its issuance. For good cause the Building Official may allow a maximum of two extensions for periods . not exceeding one year each . All work shall conform to the approved application, plans, and specifications and shall be in accordance with applicable building laws, ordinances, rule-s, . • and regulations. (b) Building permits shall be prominently displayed on the job site at all times during the progress of the work so as to be readily seen from adjacent thoroughfares. SECTION 14. Revocation of Building Permit . The Building Official may revoke a building permit theretofore issued in the following instances : . (a) Where he finds that' there has been any false statement or misrepresentation as to a material fact in the application, plans, or specificationsoon which the building permit was based; (b) Where he finds that the building permit was issued in error and should not have been issued in accord- ance with the applicable law; • (c) Where he finds that the work performed under the permit is not being prosecuted .in accordance with the provisions of the application, plans, or specificlbaons or; • (d) Where the person to whom a building permit has been issued fails or refuses to comply with a shop order issued by the Building Official . SECTION 15. Stop Orders. Whenever the Building Official has reasonable grounds to believe that work on any building or structure is • being prosecuted inr,violation of the provisions of the appli- cable building laws, ordinances, rules, 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 and dangerous manner, he shall notify the owner of the property., or the owner 's agent, to suspend all work; and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be writing, shall • state the conditions under which the work may be resumed and may served uponaa 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 where the work is being • performed and sending a copy of the same to him be certified mail at the address set forth in the application for permission for the construction of such building. SECTION 16. Right of Entry. The Building Official and building inspectors, upon the showing of proper credentials and in the discharge of their duties, shall be permitted to enter . upon any building,. : structure, or premises without interference, during reasonable hours. SECTION 17. Building Inspections. (a) The progpess of work for which a permit has been issued shall be inspected at such times and intervals as may be necessary and appropriate to determine whether the work is being performed incompliance with the Uniform Code and applicable regulations. Such inspection shall be carried out prior 'to enclosing or covering of the particular portion or phase of bmilding construction, including but not limited to: excavation; foundation, structural elements; energy conservation ; measures required by the Uniform Code; electrical systems; plumbing; heating, ventilation, and air conditioning systems; fire protection and detection systems; and exit features. (b) It shall be the duty and responsibility of the owner or his authorized agent to inform the Building Official that .the work is ready for each phase of inspection. SECTION 18. 'Fire Prevention and Safety Inspection . (a ) All dwelling units in ' a building consisting of more than two such units, all trailers, and one or two dwelling unit buildings that are regularly leased to tenants, shall be inspected for the purpose of determining compliance with safety requirements of the Uniform Code at least once in every 12 months. Inspection of the common areas of such . buildings such as halls, foyers, staircases, etc. , shall be so inspected at least once in every 6 months. (b) Fire safety inspections of areas of public assembly as defined in 9NYCRR 606 shall be Conducted at least once in every twelve months. (c) An inspection of a building of dwelling unit shall be performed at any other time upon (1 ) request of . the owner or his authorized agent , (2) receipt of a written statement specifying the ground upon which the subscriber believes that a violation of the Uniform Code exists, or (3) other reasonable and reliable information that such viola- tion exists. . . SECTION 19. Permits for Solid Fuel Burning Heating Appliance. A permit for installation of a solid fuel burning heating a g appliance, chimney, or flue in any dwelling unit: shall be obtained as provided in Section 10 of this Local Law. If the Building Official , 'after inspection, determines that the installation is in compliance with::tihe Uniform Code, he shall issue a certificate of compliance onta form to be prescribed by resolution of the . Town Board. A violation of this section and of subdivision 5 of51378 of the Executive Law shall be punishable as provided in such ' subdivision 5. • —SECTION 20. Certificates of Occupancy. • (a) No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Official . (b ) No building hereafter enlarged, extended, or altered, or upon which work has been performed .which required • the issuance of a• building permit, shall be occupied or used for more than 30 days after the completion of the alteration' or work unless a• certificate of occupancy—shall• have been issued by the Building Official . (c) No change shall be made in the nature of the occupancy of an existing building unless a' certificate of occupancy authorizing such change shall have been issued by the Building Official ; occupancy • classifica'tions for purposes of this paragraph are those found in 9 NYCRR 701 . (d) The owner or his agent shall make application for a certificate of occupancy. Accompanying • this application and before the issuance of a certificate of occupancy, there shallbe filed with the Building Official an • • affidavit of the registered architect or licensed professional engineer who filed" the original .plans, or of the registered • architect or licensed. professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised 'the work and who, by reason of his experience, is qualified to superintend the work for • which the certificate of occupancy is sought . If the owner • is also the builder, then he shall sign the affidavit . This affidavit shall state .that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought , that the structure has been erected in accordance with approved plans, and as erected complies with the Unfmrm Code or a varied by a change order which 'has been • • legally authorized. Such 'change orders and qualifying conditions imposed therewith, if any, shall be specified in the affidavit . , SECTION 21 . Inspection Prior to Issuance of Certificate of Occupancy. • Before issuing a certificate of occupancy, the Building Official shall examine or cause to be examined all buildings, structures, and sites for which an application has been filed for a building permit tor:construct, enlarge, • ' ID' . 2 alter, repair, or change the use or nature of occupancy, • 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. There shall be maintained a duplicate record of all such examinations and inspections together with a record of dindings of violations ' of the law. ' SECTION 22. Issuance of Certificate of Occupancy. (a) When, after final inspection, it is found that the prpoosed work .has been completed in accordance with the applicable building laws, ordinances, rules, and regula- tions, and also in accordance with the application, 'plans, and specifications filed in connection with the issuance of the building permit, the Building Official shall issue a certificate of occupancy .upon the form provided by him. It is found that • the prpoosed work has not been properigt,completed, the Building Official shall not 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. (b) A certificate of occupancy shall be issued, where appropriate,, within 30 days after written application therefor is made. (c) 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, rule, 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 . SECTION 23. Temporary Certificate of Occupancy. Upon request, the Building Official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided.:such portion or portions as have been completed may be occupied safely without endangering life or the public health or welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good cause the Building Official may allow a maximum of two extensions for periods not exceeding three months each. SECTION 24, Effective Date. This Local Law shall take effect immediately upon filing in the office of the Secretary of State. (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 4 of 19 84 • of the of Danby was duly passed by the Town Board Town (Name of Legislative Body) on December 27 19 84 in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 County . . of the City of was duly passed by,the Town (Name of Legislative Body) Village not disapproved on .19 and was approved by the repassed after disapproval_ Elective Chief Executive Officer * and was deemed duly adopted on 19 •, in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) . • I hereby certify that the local law annexed hereto,designated as local law No. of 19 County of the City of was duly passed by the Town (Name of Legislative,Bjdy)' l = Village not disapproved 'f on 19. and was approved by the repassed after disapproval Elective Ch ief?executive®flicer* on 19 . Such local law was submitted to thepeople byr reason ofa mandatory referendum,and received the affirmative vote of a majority of the qualifiedelectors'voting permissive . general thereon at the special election held on 19 • , in accordance with-the appli- annual cable provisions of law. 4. (Subject to permissive referendum,and final adoption because no valid •petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 County of the City of was duly passed by the on Town (Name of Legislative Body) Village not disapproved 19 and was approved by the on repassed after disapproval Elective Chief Executive Officer* 19 . Such•local law being subject to a'permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on 19 , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 2 5. (City local law concerning Charter re\ision proposed by petition.) • I hereby certif., that the:Icy:al '.anti' ..:.uexed hereto, designated as local law No. of'19 of the City of having been submitted to referendum pursuant to the provisions of § 37 of lilt ',�unicipal I L me Rule Law,and Laving received the affirmative vote of'a majority of the qualified electors of such city voting thereon at the general election held on 19 became operaitive. • • 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as Local Law No. of 19...... of the County of , State of New York, having been submitted to the Electors at the General Election of November , 19 , pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law,and having received the affirmative vote of'a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. • (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) liar' I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 above. • in tib L . rerk of the County gislative body,City r own or Village Clerk or • officer designated by local legislative body Date: January 4, 1985 • • • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK I _ COUNTY OF �o.m.pJc i.n.s I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. • (2aivuute-- • Signature ajtO f6Y I (hAlk Title Date: January 4, 1985 C-crttnty Town Waage— Page 3 Town of Danby LOCAL LAW NO. 3 OF THE YEAR 1984 A local law providing for the administration and enforcement of the Uniform Fire Prevention and Building Code . BE IT ENACTED by the TownBoard of the Town of Danby as follows : SECTION 1 . Designation of Building Official . There is herthy designated in the Town of Danby a public official to be known as the Building Official , who shall be appointed by the Supervisor with the approval of the Town Board at a compensation to be fixed by the Town Board. SECTION 2. Acting Building Official In the absence of the Building Official , or in the case of his 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 on behalf of the Building Official and to exercise all the powers conferred upon him by this Local Law. SECTION 3. Appointment of Building Inspectors The Supervisor with the approval of the Town Board may appoint one building inspector or more, as the need may appear, to act, under the supervision and direction of the Building Official and to exercise any grtion of the powers and duties of the Building Official as directed by him. The compensation of such building inspectors shall be fixed by the Town Board. SECTION 4 . Conflicts of Interest The Building Official , any building inspector, or any officer or employee of the Building Official or any building inspector, shall not engage in any activity incon- sistent with hid duties within the Town of Danby. In the event that the Building Official or any building inspector is directly or indirectly engaged in the construction of, the furnishing of labor, materials, supplies, or appliances for, the supervision of, the alteration, demolition or maintenance of, or the preparation of plans or specifications for, any building within the Town of Danby, that building shall be inspected by a disinterested, qualified inspector appointed by the Supervisor with the consent of the Town Board. SECTION 5. Duties and Powers of Building Official )a) Except as otherwise specifically provided bylaw, ordinance, rule, or regulation, or except as herein otherwise provided, the Building Official shall administer and enforce all of the provisions of laws, ordinances, rules, and regulations applicable to the plans, specifications, or permits for the construction, alteration, and repair of buildings and structures, and the installation and use of materials, and equipment therein, and the location , use, and occupancy. thereof. (b ) He shall promulgate rules and regulations subject to the approval of the Town Board to secure the intent and purposes of this Local Law and a proper enforcement of the laws, ordinances, rules, and regulationsrgsverning building plans, specifications, construction, alteration, or repairs. (c) He shall receive applications, approve plans and specifications, and issue permits for the erection and alteration of buildings or structures or parts thereof and shall inspect or arrange for the inspection of the premises for which such applications have been received, plans approved, or such permits have been issued for the purpose of insuring compliance with laws, ordinances, rules, and regulations governing building construction or alterations. (d) He shall issue in writing all appropriate notices or orders to remove illegal or unsafe consitions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction 2 with . the requirements of such laws, ordinances, rules and • regulations, and such notices orr:orders may be served upon the property owner or his agent personally, or by sending by certified mail a copy of such order to the owner or his agent personally, or by sending by certified mail a copy of such order to the owner - - his agent at the address set forth in the application for permission for the construction or alteration of such building, and by posting the same upon • a conspicuous portion of the premises to which the notice applies. 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 appointed pursuant to Section 3 above or from generally recog- nized and authoritative service and inspection bureaus or agencies, provided the same are certified by a responsible official thereof. (e ) Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules, and regulations covering building construction or alteration, he may, in his discretion, accept and rely upon written reports of tests in the field by experienced, pro- fessional persons or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies . SECTION 5. Duties and Powers of Building Official (a ) Except as otherwise specifically provided by law, ordinance, rule, or regulation, or except as herein otherwise provided, the Building Official shall administer and enforce all of the provisions of laws, ordinances, rules, and regulations applicable to the plans, specifications, or permits for the construction, alteration, and repair of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, and occupancy thereof. (b ) He shall promulgate rules and regulations subject to the approval of the Town Board to secure flhe 3 intent and purposes of this Local Law and a proper enforcement of the laws, ordinances, rules, and regulations governing building plans, specifications, construction, alteration, or repairs. (c) He shall receive applications, approve plans and specifications, and issue permits for the erection and alteration of buildings or structures or parts thereof and shall inspect or arrange for the inspection of the premises for which such applications have been received, plans approved, or such permits have been issued for the purpose of insuring compliance with laws, ordinances, rules, and regulations governing building construction or alterations. (d) He shall issue in writing all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances, rules, and regulations, and such notices or orders may be served upon the property owner or his agent personally, or by sending by certified mail a copy of such order to the owner or his agent at the address set forth in the application for permission for the construction or alteration of such building, and by posting the same upon a conspicuous portion bf the premises to which the notice applies. He shall Cake all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspections from building inspectors appointed pursuant to Section 3 above or from generally recog- nized and authoritative service and inspection bureaus or agencies, provided the same are certified by a responsible official thereof. (e) Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules, and regulations covering building construction or alteration, he may, in his discretion, accept and rely upon written reports of tests in the field by experienced, pro- fessional persons or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies. 4 (f) He shall issue a certificate of occupancy • where appropriate for a building constructed or altered in accordance with the provisions of the UnifoniFire Prevention and Building Code which such certificate shall certify that the building conforms to the requirements of the Uniform Fize Prevention and Building code. SECTION 6. Records and Reports (a) The Building Official shall keep per- manent duplicate official records of all transactions and activities conducted by him including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Town Board, and notices and orders issued. One such set of records shall be kept in the Town Clerk ' s office as public records open to public inspection during normal business hours. (b) The Building Official shall , monthly, submit to the Town Board a written report and summary of all business conducted by him including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, and a summary of litigation pending or concluded. SECTION 7. Remedies and Penalties (a ) It shall be unlawful for any person, firm, or coproration to construct, alter, repair, move, equip, use, or occupy and building or structure or portion thereof in violation of any provision of law or ordinance, as well as and regulation or rule promulgatedc:by the Building Official in accordance with applicable laws, or to fail in any manner to!acomply with a notice, directive, or order of the Building Official , 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 ) In addition to the remedies prescribed by Executive Law s382, any person who shall fail to comply with a written order of the Building Official within the time 5 fixed for compliance therwith, and any owner, builder, architect, contractor, subcontractor, construction superintendent, or thier agents, or any person to i.ng partt or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law, or any lawful order, notice, directive, permit, or certificate of the Building Official made thereunder, shall be punishable_ by fine of not more than $500 or imprisonment for anperiod not exceeding 15 days, or both . Each day than any violation continues to exist beyond the date fixed in the order of the Building Official to remedy such violation shall be deemed a separate offense. SECTION 8. Variance and Review A request for a variance from the Uniform Fire Prevention and Building Code and an appeal to review a determination of or failure to render a determination by the Building Official shall be processed with the appropriate beard of review as provided in 19 NYCRR 440. SECTION 9. Abatement of Violation Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct , or abate a violation or to prevent illegal occupancy of a building, structure, or premises or to prevent illegal acts, conduct , or business in or about any premises and these remedies shall be in addition to penalties otherwise prescribed by law. SECTION 10. Building Permits (a ) No person, firm, or corporation shall commence the erec_ icn, construction, enlargement , alteration, improvement, conversion, or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Official for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which do not involve material 6 alteration of structural features of the building or structure, and further that no building permit shall be required for the construction of small non-commercial structures not intendedifor human habitation. (b) Application for a building permit shall be made to the Building Official on forms provided by him 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 the proposed building or structure; (3) The valuation of the prpposed work; ( 4) The full name and address of the owner and of the applicant , and the names and addresses of their responsible officers if either of them are corporations, and the name and address of the owner ' s authorized agent, if any; (5 ) A brief description of the nature of the proposed work; (6 ) A statement that the applicant consents to permit the Building Official , any building inspector, and any other person authorized or designated under this Local Law to enter upon the premises without a search warrant in the manner prescribed in Section 15, and a statement that the work shall be performed in compliance with the Uniform Code and any other applicable state and local laws, ordi- nances, and regulations. ( 7) Such other information as may reasonably be required by the Building Official to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances, rules, and regulations. 7 (c) The application shall be signed by the owner or his authorized agent . (d) The application shall be made by the owner or by the agent, 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 that the proposed work is author- ized by the owner and the applicant is authorized to make such application ; and the affidavit shall contain a statement that the owner authorizes the applicant to consent to permit the Building Official , any building inspector, and any other person authorized or designatled under.:tjhi.ss Local Law to enter upon the premises without a search warrant in the manner pre- scribed in Section 15. (e) Each application for a building permit shall be accompanied by duplicate copies of plans and specifi- cations, including a plot plan, 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 incor- porated, 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 Official , details of structural , mechanical , and electrical work, including computations, stress diagrams, and other essential technical data; plans and specifications shall bear the signature of the person responsible for the design and drawings and where required by Sections 7202 or 7302, as amended, of Articles 145 or 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer; the Building Official may waive the requirements for filing plans and specifications for minor alterations and issue a building permit so stating (f) Amendments, if any, to the application or to the plans and specifications accompanying the same shall fe filed with the Building Official and approval received from the Building Official prior to the commencement of such change of work. 8 SECTION 11 . Fees (a) The Town Board shall by resolution from time to time set a fee schedule for building permits, certificate of occupancy, and for any other duties that the Building Official might be called upon to perform under this Local Law. (b) In the event that an application for a building permit is not approved, the applicant shall bef.entitled to a refund of 50% of the fee paid, provided no work has been commenced. If work has been started and the application is not approved, the fees paid shall not be refunded. SECTION 12. Issuance of Building Permit or Disapproval of Application (a ) The Building Official 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 one week from the date of submission of the application. (b) Upon approval of the application and upon receipt of the fees therefore: the Building Official shall issue a building permit to the applicant upon the form pre- . scribed by the Building Official 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 specifi- cations shall be retained in the files of the Building Official and the other set shall be returned to the applicant together with the building permit and shall be kept by= the applicant at the building site open to inspection by the Building Official or his authorized representative at all reasonable times. (d) If the application together with plans, specifications, and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Official shall disapprovethe same and shall return the plans and speci- fications to the applicant. 9 Upon the request of the applicant, the Building Official shall cause such refusal , together with the reasons therefor, to be transmitted to the applicant in writing. SECTION 13. Performance of Work Under Building Permit (a ) A building permit shall be effective to authorize the commencing 'of work for a period of six months after the date of its issuance. For good cause the Building Official may allow a maximum of two extensions for periods not exceeding one year each . All work shall conform to the approved application, plans, and specifications, and shall be in accordance with applicable building laws, ordinances, rules, • and regulations. (b) Building permits shall be prominently displayed on the job site at all times during the progress of the work so as to be readily seen from adjacent thoroughfares. SECTION 14 . Revocation of Building Permit ; The Building Official may revoke a building permit theretofore issued in the following instances : (a) Where he 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; (b) Where he finds that the building permit was issued in error and should not ` have been issued in accord- ance with the applicable law; (c) Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans, or specifications; or, (d) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Official . 10 SECTION 15 Stop Orders Whenever the Building Official has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the appli- cable building laws, ordinances, rules, 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 and dangerous manner, he shall notify the owner of the property, or the owner 's agent , to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. 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 where the work is being performed and sending a copy of the same to him be certified mail at the address set forth in the application for permission for the construction of such building. SECTION 16. Right of Entfy They Building Official and building inspectors, upon the showing of proper credentials and in the discharge of their duties, shall be permitted to enter upon any building, structure, or premises without interference, during reasonable • hours. SECTION 17. 'Building Inspections (a) The progress of work for which a permit has been issued shall be 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 and applicable regulations. Such inspection shall be carried out prior to enclosing or covering of the particular portion or phase of building construction, including but not limited to : excavation; foundation; structural elements; energy conservation measures required by the Uniform Code; electrical systems; plumbing; heating, ventilation, and air conditioning systems; fire protection and detection systems; and exit features. 11 (b) It shall be the duty and responsibility of the owner or his authorized agent to inform the Building Official that the work is ready for each phase of inspection . SECTION 18. Fire Prevention and Safety Inspection (a ) All dwelling units in a building consisting of more than two such units, all trailers, and one or two dwelling unit buildings that are regularly leased to tenants, shall be inspected for the purpose of determining compliance with safety requirements of the Uniform Code at least once in .every 12 months. Inspection of the common areas of such buildings such as halls, foyers, staircases, etc. , shall ben so inspected at least once: in every 6 months . (b ) Fire safety inspections of areas of public assembly as defined in 9 NYCRR 606 shall be conducted at least • once in every twelve months . (c) An inspection of a building of dwelling unit shall be performed at any::other time upon (1 ) request of the owner or his authorized agent, (2) receipt of a written statement specifying the ground upon which the subscriber believes that a violation of the Uniform Code exists, or (3) other reasonable and reliable information that such viola- tion exists. SECTION 19. Permits for Solid Fuel Burning Heating Appliance A permit for installation of a solid fuel burning heating appliance, chimney, or flue in any dwelling unit shall be obtained as provided in Section 10 of this Local Law. If the Building Official, after inspection, determines that the installation is in compliance with the Uniform Codek he shall issue a certificate of compliance on a form to be prescrived by resolution of the Town Board. A violation of this section and of subdivision 5 of s 378 of the Executive Law shall be punishable as provided in such subdivision 5. 12 SECTION 20. Certificates of Occupancy (a) No Building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Official . (b) No building hereafter enlarged, extended, or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Official . (c) No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Official ; occupancy classifications for pur- poses of this paragraph are those found in 9 NYCRR 701 . (d) The owner or his agent shall make application for a certificate of occupancy . Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Building Official an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered . architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work and who, by - reason of his experience, is qualified to superintend the work for which the cer-tif:icate ,ofi ' occupancy is sought . If the owner is also the builder, then he shall sign the affidavit . This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought , that the structure has been erected-i'n accordance with approved plans, and as erected complies with the Uniform Code or as varied by a change order which has been legally authorized. Such change orders and qualifying conditions imposed therewith , if any, shall be specified in the affidavit . 13 SECTION 21 . Inspection Prior to Issuance of Certificate of Occupancy. Before issuing a certificate of occupancy, the Building Official shall examine or cause to be examined all buildings, structures, and sites for which an application has been filed for a building permit to-:construct, enlarge, alter, repair, or change the use or nature of occupancy, 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. There shall be maintained a duplicate record of all such examinations and inspections together with a record of findings of viola- tions of the law. • SECTION 22. Issuance of Certificate of Occupancy (a) When after final inspection it is found that the prtposed work has been completed in accordance with the applicable building laws, ordinances, rules, and regula- tions, and also in accordance with the application, plans, and specifications filed in connection with the issuance of the building permit, the Building Official shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly compelted, the Building Official shall not 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. (b) A certificate of occupancy shall be issued, where appropriate, within 30 days after written application therefor is made. (c) The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the pro- visions of the applicable building laws, ordinances, rules, and regulations, and shall bpecify the use or uses and the 14 extent thereof to which the building or structure or its several parts may be put . SECTION 23. Temporary Certificate of Occupancy Upon request, the Building Official may issue a temporary certificate of occupancy for a building or . structure, or part thereof, before the entire work covered by the building permit shall bave been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or the public health or welfare. A temporary certificate of occupancy shall remain effective for a'r_period not exceeding three months from its date of issuance. For good cause the Building Official may allow a maximum of two extensions for periods not exceeding three months each . SECTION 24 . Effective Date This Local Law shall take effect immediately upon filing in the office of the Secretary of State. 15 Planning Board Minutes 1 December 17, 1997 TOWN OF DANBY PLANNING BOARD MINUTES DECEMBER 17, 1997 7:00 P.M. Regular Meeting PRESENT: Chairperson Horst Planning Board Members: Gerald Catlin, Arch Dotson, William Farrell, Linda Hansen, Robert Roe, Nancy Weitzel Others Present: Carol Sczepanski - Secretary County Circuit Rider - Rebecca Lubin Susan Beeners - Code Enforcement Officer Naomi Strichartz The meeting was called to order by Chairperson Kenneth Horst at 7:07 P.M. He reported to the Board that the main item on the Agenda was to continue with the comprehensive planning. Rebecca Lubin reported that at the last couple of meetings the Planning Board discussed revising the different subject areas developing a goal for each one of those areas. She and Sue have worked together and have worked on what they are calling a draft outline for the comprehensive plan. She wants to have some goals with next steps so that the Board can really begin working on this next year. Some of the information on the on the draft are items and information the Board had seen before. She asked if there was anything to be added, clarified or changed so that it can be presented to the Town Board early next year to show them as an update as to what is going on with the comprehensive plan, Susan Beeners said that what they wanted the Planning Board to do was spend a couple of minutes reading the outline. She said that maybe the goals appear to be accurate ones that they could support and maybe they would like to add things in the background or issues information. Some of the goals may seem simplistic or general. The purpose of having general goals is to start out with something that everybody can come to an agreement on. Robert Roe made the following comments on section related to the natural resources section: 1) We will now have to interface with the New York State Open Spaces Plan that has just been issued. He has a copy of the document if anyone is interested in looking at it. The section on Tompkins County was very short because the County was not very active and only two sites were mentioned but has since been expanded to seven (7). Two of those sites are located in the Town of Danby -- The Biodiversity Preserve in West Danby and the other is the area to the far end of Jennings Pond that leaches into State Forest area in Michigan Hollow. Apparently there is going to e it- Planning Board Minutes 2 December 17, 1997 be an increase in the project funding budget from $250,000 to $3,000,000 so there may actually be money to do something with this plan. He said we should remember that decisions of what gets protected and what does not has absolutely nothing to do with biodiversity or anything else as most of the items and sites that are on that plan are there due to political lobbying. He said that most of the monies available are for acquisition. The present administration has stated that they will not use the power of eminent domain to take land. Rebecca Lubin said that under the Natural Resources Section of goals the natural resources issues to be addressed will be Danby sites posted in New York State Open Space Plan and then under background research a review of the New York State Open Space Plan. Chairperson Horst suggested that in each section it might be of help to identify strengths and weaknesses in the Town. Discussion: - Define what economic character we want to enhance character that we want to enhance; -- Allow and encourage economic opportunities that are consistent with the character of the Town; - Study released on income in the State and disparity between rich families and poor increasing; -- Inter connectiveness of this form will change; -- This is a system and there is interaction between each of these groups. - Inviting speakers from TCAD, H & E and Angelheart concerning development, has it hindered their efforts or helped in growing; -- having all speakers at one meeting -- discussed at length with many different views from Board members; - Keeping a realistic timetable for goals when obtaining input from public and every point of view and what is the best time to get input from different groups; Rebecca Lubin said that it is great that you want to involve the community and to pinpoint crucial members of the community and to definitely get a chance to review this. To open it up to the public, you have to decide that at what point it is going to be beneficial and at what point it is going to hurt the process or slow the process down. Chairperson Horst said that you have to remember that the people are part of the Town. This is their Town. - background information such as census figures, plans that are already in place etc. placed in a form before public input; - public input important early in process; - public participation when needed before the plan is developed; -- A speaker from TCAD -- Encourage viable agricultural uses; , Planning Board Minutes 3 December 17, 1997 - Ways to ensure that the document is understandable, does not alienate older long term residents who do not like zoning,and does not look like it is preservationist in any fashion; - Providing affordable housing for Danby residents; - The design of subdivisions and the other housing maintenance. - How to encourage sensible growth; -- Restrictions on what buildings should look like; - A comprehensive plan that would improve the appearance of our downtown. -- Ways to improve the appearance of views and existing natural areas. -- Housing rehabilitation programs that are coming into the area; adding something under housing such as available housing programs or local mechanisms to improve maintenance and safety. -- Improve communication between municipal boards and the public. Process to proceed discussed: Susan suggested the following: 1) A first chapter might be the background information -- Here's where we are, this is Danby. It doesn't have to be terribly long. A lot of data could be summarized in that first section and could be included in the Appendix. 2) Analysis as a second chapter-- what Danby is and what it might become -- where there would be more identification bf the issues that we have addressed. What really are the opportunities, problems, alternative possibilities. Danby could become a built out suburb of Ithaca or a somewhat behind the times impoverished rural community as another extreme or here's what we want or here's what we want or suggest is a place where rural character is preserved. Robert Roe suggested an information gathering meeting. The way opinions and aspirations go he would feel more comfortable being in the role of asking the public for suggestions and incorporating that into a plan rather than developing a plan then asking for their feedback. One of the biggest criticisms we get is that the Town Boards act like they have already made their minds up and he would like to avoid that criticism. Arch Dotson said that the public needs something to react to. Rebecca said that she thinks it is a given that the public is going to be brought in. It should be done at a point when it is most beneficial to the Board and to them. Susan Beeners that we will have an environmental map that shows environmental constraints, with development constraints and development suitability. Most of the comprehensive plan should be more of an outline with a list of overall goals or objectives, what approaches we want to take and what tasks we are going to do. She said that the most successful thing to have this plan be essentially Planning Board Minutes 4 December 17, 1997 a plan where we can identify what she has presented for short and long range planning and also our annual or semi-annual work plans. Susan said that she would like the Board to consider and think about whether they will be ready to pass on the draft comprehensive plan format of goals and objectives to the Town Board. She said that she is suggesting the format with three chapters and an appendix and that is how most comprehensive plans are organized. The steps to complete the comprehensive plan will be a to produce a draft working outline with the goals and other things to be transmitted to the Town Board for their February meeting. Then we should concentrate on gathering background information . Other Business: Approval of October 15, 1997 Planning Board Minutes A motion was made by Nancy Weitzel and seconded by William Farrell to approve the October 15,1997 Planning Board Minutes as published. Carried Unanimously Approval of October 1, 1997 Planning Board Special Meeting Minutes A motion was made by Nancy Weitzel and seconded by Arch Dotson to approve the October 1, 1997 Planning Board Special Meeting Minutes as published. Carried Unanimously Approval of the November 19,1997 Planning Board Minutes A motion was made by Robert Roe and seconded by Arch Dotson to approve the November 19, 1997 Planning Board Minutes as published. Carried Unanimously Recommendation by Planning Board to Town Board - Planning Board Chair A motion was made by Robert Roe and seconded by William Farrell that the Planning Board of the Town of Danby recommend to the Town of Danby Town Board the appointment of Arch Dotson as Chair of the Planning Board. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:25 P.M. Carol W. Scze ski, Secretary min-12-17.97