Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutLL2023, No. 01, Code Enforcement
Local Law No 01 of 2023: Code Enforcement Law and Regulations
Be it enacted by the Town Board of the Town of Danby, County of Tompkins, State of New
York, as follows:
Section 1: Purpose and Intent
This local law provides for the administration and enforcement of the New York State
Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy
Conservation Construction Code (the Energy Code) in this Town. This local law is adopted
pursuant to § 10 of the Municipal Home Rule Law, § 130 of Town Law, Article 18 of the
Executive Law, and the regulations promulgated thereunder and by Title 19 of the New York
Codes, Rules and Regulations, as well as pursuant to other laws and regulations of the State
of New York. Except as other wise provided in the Uniform Code, the Energy Code, in another
state law, or pursuant to some other section of this local law, all buildings, structures, and
premises, regardless of use or occupancy, are subject to the provisions this local law.
Section 2: Def initions and Construction
(a) Def initions. In this local law, and whenever the context of use thereof requires or so
admits, the following terms shall have the meanings shown in this section:
“Assembly Area” shall mean an area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering fifty or more persons for uses
including, but not limited to, amusement, athletic, entertainment, social, or other
recreational functions; patriotic, political, civic, educational, or religious functions; food
or drink consumption; awaiting transportation; or similar purposes.
“Building Permit” shall mean a building permit, construction permit, demolition
permit, or other permit that authorizes the performance of work. The term “Building
Permit” shall also include a Building Permit which is renewed, amended, or extended
pursuant to any provision of this local law.
“Certificate of Compliance” shall mean a document issued by the Town stating that
work was done in compliance with approved construction documents and the Codes.
“Certificate of Occupancy” shall mean a document issued by the Town certifying that
the building or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Town, and indicating that
the building or structure, or portion thereof, is in a condition suitable for occupancy.
“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed
Mary Ann Barr 2021
T he Town of Danby
1830 Danby Road, Ithaca, NY 14850
danby.ny.gov
Janice Adelman, Town Clerk
Cindy Katz, Deputy Town Clerk
+1-607-277-4788 | clerkoffice@danby.ny.gov
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
pursuant to subdivision (b) of § 3 of this local law. Unless otherwise stated herein, such
term includes a qualified building inspector as referenced in § 138 of Town Law. The
Town may have more than one Code Enforcement Officer, and a qualified individual
appointed as an acting Code Enforcement Officer, such as (but not limited to) pursuant
to an intermunicipal or shared services agreement, shall be deemed a Code
Enforcement Officer of the Town for all purposes under this local law.
“Code Enforcement Personnel” shall include the Code Enforcement Officer and all
Inspectors.
“Codes” shall mean the Uniform Code and Energy Code.
“Energy Code” shall mean the New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
“FCNYS” shall mean the 2020 Fire Code of New York State as currently incorporated by
reference in 19 NYCRR Part 1225.
“Fire Safety and Property Maintenance Inspection” shall mean an inspection
performed to determine compliance with the applicable provisions of 19 NYCRR Part
1225 and the publications incorporated therein by reference and the applicable
provisions of 19 NYCRR Part 1226 and the publications incorporated therein by
reference.
“Hazardous Production Materials” shall mean a solid, liquid, or gas associated with
semiconductor manufacturing that has a degree-of-hazard rating in health,
flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for
Identification of the Hazards of Materials for Emergency Response), and which is used
directly in research, laboratory, or production processes which have, as their end
product, materials that are not hazardous.
“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of § 3 of this
local law, including any qualified building inspector as referenced in § 138 of Town Law.
The Town may have more than one Inspector.
“Mobile Food Preparation Vehicles” shall mean vehicles that contain cooking
equipment that produces smoke or grease-laden vapors for the purpose of preparing
and serving food to the public. Vehicles intended for private recreation shall not be
considered mobile food preparation vehicles.
“Operating Permit” shall mean a permit issued pursuant to § 10 of this local law. The
term “Operating Permit” shall also include an Operating Permit which is renewed,
amended, or extended pursuant to any provision of this local law.
“Order to Remedy” shall mean an order issued by the Code Enforcement Officer
pursuant to subdivision (a) of § 17 of this local law.
“Permit Holder” shall mean the Person to whom a Building Permit has been issued.
“Person” shall include an individual, corporation, limited liability company,
Page 2 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
partnership, limited partnership, business trust, estate, trust, association, or any other
legal or commercial entity of any kind or description.
“PMCNYS” shall mean the 2020 Property Maintenance Code of New York State as
currently incorporated by reference in 19 NYCRR Part 1226.
“RCNYS” shall mean the 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
“Repair” shall mean the reconstruction, replacement, or renewal of any part of an
existing building for the purpose of its maintenance or to correct damage.
“Stop Work Order” shall mean an order issued pursuant to § 6 of this local law.
“Sugarhouse” shall mean a building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup or maple sugar.
“Temporary Certificate of Occupancy” shall mean a certificate issued pursuant to
subdivision (d) of § 7 of this local law.
“Town” shall mean the Town of Danby, located in Tompkins County, New York.
“Town Board” shall mean the Town Board of the Town of Danby.
“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building
Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to
Article 18 of the Executive Law.
(b) Construction Rules.
(1) Words in the singular or with gendered references shall be interpreted in the plural
or other gendered or non-gendered form when required by usage or context.
(2) Any reference herein to a statute, regulation, code, section, or similar rule or law
shall be construed to mean that statute, regulation, code, section, or similar rule or law
as written when this local law was adopted, as well as such statute, regulation, code,
section, or similar rule or law as the same may have been thereafter amended, replaced,
or recodified, each as the context and situation thereof may so admit, require, or
demand.
(3) Any provision herein that requires a signature of a Town officer or employee shall be
deemed met or complied with regardless of whether such signature is electronically
made or holographic (original, such as in ink or a “wet” signature), and a photocopy or
accurate reproduction thereof, or of any verification or certification thereof, shall have
the same force and effect as an original signature, including relative to legal process
and admissibility of evidence requirements.
(4) Subject matter headings shall be interpreted and construed only as matters of
convenience, and such titles or headings shall not be interpreted or used to limit or
define the text and references appearing thereunder.
Page 3 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
Section 3: Code Enforcement Off icer and Inspectors
(a) Off ices and Authority. The Office of Code Enforcement Officer is hereby confirmed, and
the duties and authorities of such office are updated, expanded, and authorized in
accordance with this law. The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code, the Energy Code, and this local law. The Code Enforcement
Officer shall have the following powers and duties:
(1) to receive, review, and approve or disapprove applications for Building Permits,
Certificates of Occupancy, Certificates of Compliance, Temporar y Certificates of
Occupancy, and Operating Permits, and the plans, specifications, and construction
documents submitted with such applications;
(2) upon approval of such applications, to issue Building Permits, Certificates of
Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and
Operating Permits, and to include in terms and conditions as the Code Enforcement
Officer may determine to be appropriate Building Permits, Certificates of Occupancy,
Certificates of Compliance, Temporary Certificates of Occupancy, and Operating
Permits;
(3) to conduct construction inspections; inspections to be made prior to the issuance of
Certificates of Occupancy, Certificates of Compliance, Temporar y Certificates of
Occupancy, and Operating Permits; fire safety and property maintenance inspections;
inspections incidental to the investigation of complaints; and all other inspections
required or permitted under any provision of this local law;
(4) to issue Stop Work Orders;
(5) to review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of § 17 (Violations) of this local law;
(7) to maintain records;
(8) to collect fees as set by the Town Board;
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with this Town’s attorney, to pursue such legal actions and
proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and
this local law, or to abate or correct conditions not in compliance with the Uniform
Code, the Energy Code, or this local law; and
(11) to exercise all other powers and fulfill all other duties conferred upon the Code
Enforcement Officer by this local law.
(b) Appointment & Residency Rules. The Code Enforcement Officer shall be appointed by the
Town Board. The Code Enforcement Officer shall possess background experience related to
building construction or fire prevention and shall, within the time prescribed by law, obtain
such basic training, in-service training, advanced in-service training, and other training as the
Page 4 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
State of New York shall require for code enforcement personnel, and the Code Enforcement
Officer shall obtain certification from the Department of State pursuant to the Executive Law
and the regulations promulgated thereunder. A Code Enforcement Officer may be hired by
contract as a consultant or consulting Code Enforcement Officer, and the Public Officers Law
(e.g., § 3) and Town Law (e.g., §§ 20, 23 and 138), to the extent such require a Code
Enforcement Officer to be a resident or elector of the Town, be and hereby are superseded
and a Code Enforcement Officer may be a resident of the Town, or a resident of Tompkins
County or any adjoining county.
(c) Acting Code Enforcement Off icers. In the event that the Code Enforcement Officer is
unable to ser ve as such for any reason, another individual shall be appointed by the Town
Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer
shall, during the term of their appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this local law.
(d) Inspectors. One or more Inspectors may be appointed by the Town Board to act under the
supervision and direction of the Code Enforcement Officer and to assist the Code
Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred
upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time
prescribed by law, obtain such basic training, in-service training, advanced in-service training,
and other training as the State of New York shall require for Code Enforcement Personnel,
and each Inspector shall obtain certification from the Department of State pursuant to the
Executive Law and the regulations promulgated thereunder.
(e) Remuneration for Code Enforcement Off icers and Inspectors. The compensation for each
Code Enforcement Officer, any acting Code Enforcement Officer, and all Inspectors shall be
fixed from time to time by the Town Board.
Section 4: Building Permits
(a) Building Permits Required. Except as otherwise provided in subdivision (b) of this section,
a Building Permit shall be required for any work which must conform to the Uniform Code
and the Energy Code, including, but not limited to, the construction, enlargement, alteration,
improvement, removal, relocation, or demolition of any building or structure or any portion
thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any
dwelling unit. No Person shall commence any work for which a Building Permit is required
without first having obtained a Building Permit from the Town.
(b) Exemptions. No Building Permit shall be required for work in any of the following
categories:
(1) construction or installation of one-story detached structures associated with one- or
two-family dwellings or multiple single-family dwellings (townhouses), which are used
for tool and storage sheds, playhouses, or similar uses, provided the gross floor area
does not exceed 144 square feet;
(2) construction of temporary sets and scenery associated with motion picture,
television, and theater uses;
Page 5 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
(3) installation of swings and other playground equipment associated with a one- or
two- family dwelling or multiple single-family dwellings (townhouses).
(4) installation of window awnings supported by an exterior wall of a one- or two-family
dwelling or multiple single-family dwellings (townhouses);
(5) installation of partitions or movable cases less than 5’-9” in height;
(6) painting, wallpapering, tiling, carpeting, or other similar finish work;
(7) installation of listed portable electrical, plumbing, heating, ventilation or cooling
equipment or appliances;
(8) replacement of any equipment provided the replacement does not alter the
equipment’s listing or render it inconsistent with the equipment’s original
specifications;
(9) repairs, provided that the work does not have an impact on fire and life safety, such
as (i) any part of the structural system; (ii) the required means of egress; or (iii) the fire
protection system or the removal from ser vice of any part of the fire protection system
for any period of time.
(c) Exemption Not an Authorization for Non-Compliant Work. The exemption from the
requirement to obtain a building permit for work in any category set forth in subdivision (b)
of this section shall not be deemed an authorization for work to be performed in violation of
the Uniform Code or the Energy Code. Nor does any exemption, or claimed exemption,
prevent, or stop a Code Enforcement Officer or Inspector from having the right to view or
inspect any work or changes to any site or structure.
(d) Applications for Building Permits. Applications for a Building Permit shall be made in
writing on a form provided by or other wise acceptable to the Code Enforcement Officer. The
application shall be signed by the owner of the property where the work is to be performed
or an authorized agent of the owner. The application shall include such information as the
Code Enforcement Officer deems sufficient to permit a determination by the Code
Enforcement Officer that the intended work complies with all applicable requirements of the
Uniform Code and the Energy Code. The application shall include or be accompanied by the
following information and documentation:
(1) a description of the location, nature, extent, and scope of the proposed work;
(2) the tax map number and the street address of any affected building or structure;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance with
the provisions of the Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications) which
(i) describe the location, nature, extent, and scope of the proposed work;
Page 6 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
(ii) show that the proposed work will conform to the applicable provisions of the
Codes;
(iii) show the location, construction, size, and character of all portions of the
means of egress;
(iv) show a representation of the building thermal envelope;
(v) show structural information including but not limited to braced wall designs,
the size, section, and relative locations of structural members, design loads, and
other pertinent structural information;
(vi) show the proposed structural, electrical, plumbing, mechanical, fire-
protection, and other service systems of the building;
(vii) include a written statement indicating compliance with the Energy Code;
(viii) include a site plan, drawn to scale and drawn in accordance with an accurate
boundar y sur vey, showing the size and location of new construction and existing
structures and appurtenances on the site, distances from lot lines, the established
street grades, and the proposed finished grades, and, as applicable, flood hazard
areas, floodways, and design flood elevations; and
(ix) evidence that the documents were prepared by a licensed and registered
architect where so required by Article 147 of the New York State Education Law or
a licensed and registered professional engineer where so required by Article 145 of
the New York State Education Law and practice guidelines, including but not
limited to the design professional’s seal which clearly and legibly shows both the
design professional’s name and license number and is signed by the design
professional whose name appears on the seal in such a manner that neither the
name nor the number is obscured in any way, the design professional’s
registration expiration date, the design professional’s firm name (if not a sole
practitioner), and, if the documents are submitted by a professional engineering
firm and not a sole practitioner professional engineer, the firm’s Certificate of
Authorization number.
(e) Construction Documents. Construction documents will not be accepted as part of an
application for a Building Permit unless they satisfy the requirements set forth in paragraph
(5) of subdivision (d) of this section. Construction documents which are accepted as part of
the application for a Building Permit shall be marked as accepted by the Code Enforcement
Officer in writing or by stamp, or in the case of electronic media, an electronic marking. One
set of the accepted construction documents shall be retained by the Code Enforcement
Officer, and one set of the accepted construction documents shall be returned to the
applicant to be kept at the work site so as to be available for use by the Code Enforcement
Personnel. However, the return of a set of accepted construction documents to the applicant
shall not be construed as authorization to commence work, nor as an indication that a
Building Permit will be issued. Work shall not be commenced until and unless a Building
Permit is issued.
Page 7 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
(f ) Issuance of Building Permits. An application for a Building Permit shall be examined to
ascertain whether the proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building
Permit if the proposed work is in compliance with the applicable requirements of the
Uniform Code and Energy Code.
(g) Building Permits to be Displayed. Building permits shall be visibly displayed at the work
site and shall remain visible until the authorized work has been completed.
(h) Work to be in Accordance with Construction Documents. All work shall be performed in
accordance with the construction documents which were submitted with and accepted as
part of the application for the Building Permit. The Building Permit shall contain such a
directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of the work. The Building Permit shall contain such a
directive. If the Code Enforcement Officer determines that such change warrants a new or
amended Building Permit, such change shall not be made until and unless a new or
amended Building Permit reflecting such change is issued.
(i) Time Limits. Building Permits shall become invalid unless the authorized work is
commenced within 6 months following the date of issuance. Building Permits shall expire 12
months after the date of issuance. A Building Permit which has become invalid, or which has
expired pursuant to this subdivision may be renewed upon application by the Permit Holder,
payment of the applicable fee, and approval of the application by the Code Enforcement
Officer. Building Permits may be issued for a total life of three years. If work continues for a
duration over 3 years, a new Building Permit application shall be submitted with supporting
documentation to show compliance to the most current Uniform Code.
(j) Revocation or Suspension of Building Permits. If the Code Enforcement Officer determines
that a Building Permit was issued in error because of incorrect, inaccurate, or incomplete
information, or that the work for which a Building Permit was issued violates the Uniform
Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or
suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all
work then completed is in compliance with all applicable provisions of the Uniform Code and
the Energy Code and (2) all work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code and the Energy Code.
(k) Fees. The fee specified in or determined in accordance with the provisions set forth in § 18
(Fees) of this local law must be paid at the time of submission of an application for a Building
Permit, for an amended Building Permit, or for renewal of a Building Permit. Such term also
includes all other applicable fees set forth in any fee schedule approved by the town board,
including but not limited to inspection and reinspection fees.
Section 5: Construction Inspections
(a) Work to Remain Accessible and Exposed. Work shall remain accessible and exposed until
inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by
the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer
when any element of work described in subdivision (b) of this section is ready for inspection.
Page 8 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
(b) Elements of Work to be Inspected. The following elements of the construction process
shall be inspected, where applicable:
(1) work site prior to the issuance of a Building Permit;
(2) footing and foundation;
(3) preparation for concrete slab;
(4) framing;
(5) structural, electrical, plumbing, mechanical, fire-protection, and other similar service
systems of the building;
(6) fire resistant construction;
(7) fire resistant penetrations;
(8) solid fuel burning heating appliances, chimneys, flues, or gas vents;
(9) inspections required to demonstrate Energy Code compliance, including but not
limited to insulation, fenestration, air leakage, system controls, mechanical equipment
size, and, where required, minimum fan efficiencies, programmable thermostats,
energy recovery, whole-house ventilation, plumbing heat traps, and high-performance
lighting and controls;
(10) installation, connection, and assembly of factor y-manufactured buildings and
manufactured homes; and
(11) a final inspection after all work authorized by the Building Permit has been
completed.
(c) Remote Inspections. At the discretion of the Code Enforcement Officer or Inspector
authorized to perform construction inspections, a remote inspection may be performed in
lieu of an in-person inspection when, in the opinion of the Code Enforcement Officer or such
authorized Inspector, the remote inspection can be performed to the same level and quality
as an in-person inspection and the remote inspection shows to the satisfaction of the Code
Enforcement Officer or by such authorized Inspector that the elements of the construction
process conform with the applicable requirements of the Uniform Code and Energy Code.
Should a remote inspection not afford the Code Enforcement Officer or such authorized
Inspector sufficient information to make a determination, an in-person inspection shall be
performed.
(d) Inspection Results. After inspection, the work or a portion thereof shall be noted as
satisfactory as completed, or the Permit Holder shall be notified as to the manner in which
the work fails to comply with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work not in compliance with
any applicable provision of the Uniform Code or Energy Code shall remain exposed until
such work shall have been brought into compliance with all applicable provisions of the
Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
Page 9 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
(e) Fees. The fee specified in or determined in accordance with the provisions set forth in § 18
(Fees) of this local law must be paid prior to or at the time of each inspection performed
pursuant to this section.
Section 6. Stop Work Orders
(a) Authority to Issue. The Code Enforcement Officer is authorized to issue Stop Work Orders
pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to
halt:
(1) any work that is determined by the Code Enforcement Officer to be contrar y to any
applicable provision of the Uniform Code or Energy Code, without regard to whether
such work is or is not work for which a Building Permit is required, and without regard
to whether a Building Permit has or has not been issued for such work, or
(2) any work that is being conducted in a dangerous or unsafe manner in the opinion of
the Code Enforcement Officer, without regard to whether such work is or is not work for
which a Building Permit is required, and without regard to whether a Building Permit
has or has not been issued for such work, or
(3) any work for which a Building Permit is required which is being performed without
the required Building Permit, or under a Building Permit that has become invalid, has
expired, or has been suspended or revoked.
(b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and
signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4)
if applicable, state the conditions which must be satisfied before work will be permitted to
resume.
(c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work
Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner
is not the Permit Holder, on the Permit Holder) personally or by registered or certified mail at
the address set forth in the Building Permit or as listed by the Assessment Department for
such landowner(s). If any person or entity has consented to receive notices and documents
by email or facsimile, such shall also be deemed proper service hereunder. The Code
Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a
copy thereof, to be ser ved on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other Person taking part or assisting in
work affected by the Stop Work Order, personally or by registered or certified mail; provided,
however, that failure to ser ve any Person mentioned in this sentence shall not affect the
efficacy of the Stop Work Order. Whenever there is cause to believe that service by registered
or certified mail has not provided actual notice of the order or notice, the Town and the Code
Enforcement Officer shall undertake effecting personal ser vice in a manner as is sufficient
for service of a summons under the Civil Practice Laws and Rules, including Article 3 therein.
(d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the
affected property, the Permit Holder, and any other Person performing, taking part in, or
assisting in the work shall immediately cease all work which is the subject of the Stop Work
Order, other than work expressly authorized by the Code Enforcement Officer to correct the
Page 10 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
reason for issuing the Stop Work Order.
(e) Remedy not Exclusive. The issuance of a Stop Work Order shall not be the exclusive
remedy available to address any event described in subdivision (a) of this section, and the
authority to issue a Stop Work Order shall be in addition to, and not in substitution for or
limitation of, the right and authority to pursue any other remedy or impose any other penalty
under § 17 (Violations) of this local law or under any other applicable local law or State law.
Any such other remedy or penalty may be pursued at any time, whether prior to, at the time
of, or after the issuance of a Stop Work Order.
Section 7. Certif icates of Occupancy and Certif icates of Compliance
(a) Certif icates of Occupancy and Certif icates of Compliance Required. A Certificate of
Occupancy or Certificate of Compliance shall be required for any work which is the subject of
a Building Permit and for all structures, buildings, or portions thereof, which are converted
from one use or occupancy classification or subclassification to another. Permission to use or
occupy a building or structure, or portion thereof, for which a Building Permit was previously
issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of
Compliance.
(b) Issuance of Certif icates of Occupancy and Certif icates of Compliance. The Code
Enforcement Officer shall issue a Certificate of Occupancy or Certificate of Compliance if the
work which was the subject of the Building Permit was completed in accordance with all
applicable provisions of the Uniform Code and Energy Code and, if applicable, that the
structure, building or portion thereof that was converted from one use or occupancy
classification or subclassification to another complies with all applicable provisions of the
Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized
by the Code Enforcement Officer shall inspect the building, structure, or work prior to the
issuance of a Certificate of Occupancy or Certificate of Compliance. In addition, where
applicable, the following documents, prepared in accordance with the provisions of the
Uniform Code by such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for the Certificate of
Occupancy or Certificate of Compliance, shall be provided to the Code Enforcement Officer
prior to the issuance of the Certificate of Occupancy or Certificate of Compliance:
(1) a written statement of structural observations or a final report of special inspections,
(2) flood hazard certifications,
(3) a written statement of the results of tests performed to show compliance with the
Energy Code, and
(4) where applicable, the affixation of the appropriate seals, insignias, and
manufacturer’s data plates as required for factor y-manufactured buildings or
manufactured homes
(c) Contents of Certif icates of Occupancy and Certif icates of Compliance. A Certificate of
Occupancy or Certificate of Compliance shall contain the following information:
Page 11 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
(1) the Building Permit number, if any;
(2) the date of issuance of the Building Permit, if any;
(3) the name (if any), address and tax map number of the property;
(4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an
entire structure, a description of that portion of the structure for which the Certificate
of Occupancy or Certificate of Compliance is issued;
(5) the use and occupancy classification of the structure;
(6) the type of construction of the structure;
(7) the occupant load of the assembly areas in the structure, if any;
(8) any special conditions imposed in connection with the issuance of the Building
Permit; and
(9) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy
or Certificate of Compliance and the date of issuance.
(d) Temporary Certif icate of Occupancy. The Code Enforcement Officer shall be permitted to
issue a Temporary Certificate of Occupancy allowing the temporary occupancy of a building
or structure, or a portion thereof, prior to completion of the work which is the subject of a
Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporar y
Certificate of Occupancy unless the Code Enforcement Officer determines (1) that the
building or structure, or the portion thereof covered by the Temporar y Certificate of
Occupancy, may be occupied safely, (2) that any required fire and life safety components,
such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and
alarms are installed and operational, and (3) that all required means of egress from the
structure have been provided. The Code Enforcement Officer may include in a Temporar y
Certificate of Occupancy such terms and conditions as he or she deems necessar y or
appropriate to ensure the health and safety of the persons occupying and using the building
or structure or performing further construction work in the building or structure. A
Temporary Certificate of Occupancy shall be effective for a period of time up to but not to
exceed 90 days, as determined by the Code Enforcement Officer and specified in the
Temporary Certificate of Occupancy. During the specified period of effectiveness of the
Temporary Certificate of Occupancy, the Permit Holder shall undertake to bring the building
or structure into full compliance with all applicable provisions of the Uniform Code and the
Energy Code. A Temporary Certificate of Occupancy may be renewed upon payment of the
fee referenced below, but the decision to grant or deny a renewal of a Temporary Certificate
of Occupancy shall be made in the sole discretion of the Code Enforcement Officer, without
recourse, and regardless of whether any grounds for revocation or suspension exist.
(e) Revocation or Suspension of Certif icates. If the Code Enforcement Officer determines that
a Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate of
Occupancy was issued in error or on the basis of incorrect information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within
Page 12 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
such period of time as shall be specified by the Code Enforcement Officer, the Code
Enforcement Officer shall revoke or suspend such certificate.
(f ) Fees. The fee specified in or determined in accordance with the provisions set forth in § 18
(Fees) of this local law must be paid at the time of submission of an application for a
Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of
Occupancy.
Section 8. Notif ication Regarding Fire or Explosion
The chief of any fire department providing firefighting services for a property within this
Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving
any structural damage, fuel burning appliance, chimney, or gas vent.
Section 9. Unsafe Buildings, Structures, and Equipment and Conditions of Imminent Danger
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town
shall be identified and addressed in accordance the Town of Danby Local Law #4 of 2000, as
amended and updated by Town of Danby Local Law #1 of 2002, and General Municipal Law §
78-b, or otherwise in accord with applicable law.
Section 10. Operating Permits
(a) Operating Permits Required. Operating Permits shall be required for conducting any
process or activity or for operating any type of building, structure, or facility listed below:
(1) manufacturing, storing, or handling hazardous materials in quantities exceeding
those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50
of the FCNYS;
(2) buildings, structures, facilities, processes, or activities that are within the scope or
permit requirements of the chapter or section title of the FCNYS as follows:
(i) Chapter 22, “Combustible Dust-Producing Operations.” Facilities where the
operation produces combustible dust;
(ii) Chapter 24, “Flammable Finishes.” Operations utilizing flammable or
combustible liquids, or the application of combustible powders regulated by
Chapter 24 of the FCNYS;
(iii) Chapter 25, “Fruit and Crop Ripening.” Operating a fruit- or crop-ripening
facility or conducting a fruit-ripening process using ethylene gas;
(iv) Chapter 26, “Fumigation and Insecticidal Fogging.” Conducting fumigation or
insecticidal fogging operations in buildings, structures, and spaces, except for
fumigation or insecticidal fogging performed by the occupant of a detached one-
family dwelling;
(v) Chapter 31, “Tents, Temporary Special Event Structures, and Other Membrane
Structures.” Operating an air-supported temporary membrane structure, a
temporar y special event structure, or a tent where approval is required pursuant
Page 13 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
to Chapter 31 of the FCNYS;
(vi) Chapter 32, “High-Piled Combustible Storage.” High-piled combustible storage
facilities with more than 500 square feet (including aisles) of high-piled storage;
(vii) Chapter 34, “Tire Rebuilding and Tire Storage.” Operating a facility that stores
in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire
rebuilding plant;
(viii) Chapter 35, “Welding and Other Hot Work.” Performing public exhibitions
and demonstrations where hot work is conducted, use of hot work, welding, or
cutting equipment, inside or on a structure, except an operating permit is not
required where work is conducted under the authorization of a building permit or
where performed by the occupant of a detached one- or two-family dwelling;
(ix) Chapter 40, “Sugarhouse Alternative Activity Provisions.” Conducting an
alternative activity at a sugarhouse;
(x) Chapter 56, “Explosives and Fireworks.” Possessing, manufacturing, storing,
handling, selling, or using, explosives, fireworks, or other pyrotechnic special
effects materials except the outdoor use of sparkling devices as defined by Penal
Law § 270;
(xi) Section 307, “Open Burning, Recreational Fires and Portable Outdoor
Fireplaces.” Conducting open burning, not including recreational fires and
portable outdoor fireplaces;
(xii) Section 308, “Open Flames.” Removing paint with a torch, or using open
flames, fire, and burning in connection with assembly areas or educational
occupancies; and
(xiii) Section 319, “Mobile Food Preparation Vehicles.” Operating a mobile food
preparation vehicle in accordance with the permitting requirements established
by any applicable code, local law, ordinance, or health department regulations,
each as now in effect or as hereafter amended from time to time.
(3) energy storage systems, where the system exceeds the values shown in Table 1206.1
of the FCNYS or exceeds the permitted aggregate ratings in § R327.5 of the RCNYS.
(4) buildings containing one or more assembly areas;
(5) outdoor events where the planned attendance exceeds 1,000 persons;
(6) facilities that store, handle, or use hazardous production materials;
(7) parking garages as defined in subdivision (a) of § 13 of this local law;
(8) buildings whose use or occupancy classification may pose a substantial potential
hazard to public safety, as determined by resolution adopted by the Town Board; and
(9) other processes or activities or for operating any type of building, structure, or
Page 14 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
facility as determined by resolution adopted by the Town Board. Any person who
proposes to undertake any activity or to operate any type of building listed in this
subdivision (a) shall be required to obtain an Operating Permit prior to commencing
such activity or operation.
(b) Applications for Operating Permits. An application for an Operating Permit shall be in
writing on a form provided by or other wise acceptable to the Code Enforcement Officer. Such
application shall include such information as the Code Enforcement Officer deems sufficient
to permit a determination by the Code Enforcement Officer that quantities, materials, and
activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer
determines that tests or reports are necessary to verify conformance, such tests or reports
shall be performed or provided by such person or persons as may be designated by or
otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
(c) Exemptions. Operating permits shall not be required for processes or activities, or the
buildings, structures, or facilities listed in paragraphs (1) through (7) of subdivision (a) of this
section, provided that the use is expressly authorized by a certificate of occupancy or
certificate of compliance, fire safety and property maintenance inspections are performed in
accordance with § 11 (Fire Safety and Property Maintenance Inspections) of this local law, and
condition assessments are performed in compliance with § 13 (Condition Assessments of
Parking Garages) of this local law, as applicable.
(d) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code
Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating
Permit. Such inspections shall be performed either in-person or remotely. Remote
inspections in lieu of in-person inspections may be performed when, at the discretion of the
Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, the
remote inspection can be performed to the same level and quality as an in-person inspection
and the remote inspection shows to the satisfaction of the Code Enforcement Officer or
Inspector authorized by the Code Enforcement Officer that the premises conform with the
applicable requirements of the Uniform Code and the code enforcement program. Should a
remote inspection not afford the Town sufficient information to make a determination, an in-
person inspection shall be performed. After inspection, the premises shall be noted as
satisfactory and the operating permit shall be issued, or the operating permit holder shall be
notified as to the manner in which the premises fail to comply with either or both of the
Uniform Code and the code enforcement program, including a citation to the specific
provision or provisions that have not been met.
(e) Multiple Activities. In any circumstance in which more than one activity listed in
subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer
may require a separate Operating Permit for each such activity, or the Code Enforcement
Officer may, in his/her discretion, issue a single Operating Permit to apply to all such
activities.
(f ) Duration of Operating Permits. Operating permits shall be issued for a specified period of
time in the discretion of the Code Enforcement officer, including as may be consistent with
local conditions, but in no event to exceed as follows:
Page 15 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
(1) 120 days for tents, special event structures, and other membrane structures;
(2) 60 days for alternative activities at a sugarhouse;
(3) 3 years for the activities, structures, and operations determined per paragraph (9) of
subdivision (a) of this section, and
(4) 1 year for all other activities, structures, and operations identified in subdivision (a)
of this section.
The effective period of each Operating Permit shall be specified in the Operating Permit. An
Operating Permit may be reissued or renewed upon application to the Code Enforcement
Officer, payment of the applicable fee, and approval of such application by the Code
Enforcement Officer.
(g) Revocation or Suspension of Operating Permits. If the Code Enforcement Officer
determines that any activity or building for which an Operating Permit was issued does not
comply with any applicable provision of the Uniform Code, such Operating Permit shall be
revoked or suspended.
(h) Fees. The fee specified in or determined in accordance with the provisions set forth in § 18
(Fees) of this local law must be paid at the time of submission of an application for an
Operating Permit, for an amended Operating Permit, or for reissue or renewal of an
Operating Permit.
Section 11. Fire Safety and Property Maintenance Inspections
(a) Inspections Required. Fire safety and property maintenance inspections of buildings and
structures shall be performed by the Code Enforcement Officer, or an Inspector designated
by the Code Enforcement Officer at the following inter vals:
(1) at least once every 12 months for buildings which contain an assembly area;
(2) at least once every 12 months for public and private schools and colleges, including
any buildings of such schools or colleges containing classrooms, dormitories,
fraternities, sororities, laboratories, physical education, dining, or recreational facilities;
and
(3) at least once every 36 months for multiple dwellings and all nonresidential
occupancies.
(b) Remote Inspections. At the discretion of the Code Enforcement Officer or Inspector
authorized to perform fire safety and property maintenance inspections, a remote inspection
may be performed in lieu of in-person inspections when, in the opinion of the Code
Enforcement Officer or such authorized Inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote inspection shows to
the satisfaction of the Code Enforcement Officer or such authorized Inspector that the
premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications
incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and
the publications incorporated therein by reference. Should a remote inspection not afford
Page 16 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
the Code Enforcement Officer or such authorized Inspector sufficient information to make a
determination, an in-person inspection shall be performed.
(c) Inspections Permitted. In addition to the inspections required by subdivision (a) of this
section, a fire safety and property maintenance inspection of any building, structure, use, or
occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer
or an Inspector authorized to perform fire safety and property maintenance inspections at
any time upon:
(1) the request of the owner of the property to be inspected or an authorized agent of
such owner;
(2) receipt by the Code Enforcement Officer of a written statement alleging that
conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
(3) receipt by the Code Enforcement Officer of any other information, reasonably
believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause
to believe that conditions or activities failing to comply with the Uniform Code or
Energy Code exist; provided, however, that nothing in this subdivision shall be
construed as permitting an inspection under any circumstances under which a court
order or warrant permitting such inspection is required, unless such court order or
warrant shall have been obtained.
(d) OFPC Inspections. Nothing in this section or in any other provision of this local law shall
supersede, limit, or impair the powers, duties and responsibilities of the New York State
Office of Fire Prevention and Control (“OFPC”) and the New York State Fire Administrator or
other authorized entity under Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary, the Code Enforcement
Officer may accept an inspection performed by the Office of Fire Prevention and Control or
other authorized entity pursuant to §§ 807-a and 807-b of the Education Law or § 156-e of the
Executive Law, in lieu of a fire safety and property maintenance inspection performed by the
Code Enforcement Officer or by an Inspector, provided that:
(1) the Code Enforcement Officer is satisfied that the individual performing such
inspection satisfies the requirements set forth in 19 NYCRR § 1203.2(e);
(2) the Code Enforcement Officer is satisfied that such inspection covers all elements
required to be covered by a fire safety and property maintenance inspection;
(3) such inspections are performed no less frequently than once a year;
(4) a true and complete copy of the report of each such inspection is provided to the
Code Enforcement Officer; and
(5) upon receipt of each such report, the Code Enforcement Officer takes the
appropriate action prescribed by § 17 (Violations) of this local law.
(e) Fees. The fee specified in or determined in accordance with the provisions set forth in § 18
(Fees) of this local law must be paid prior to or at the time each inspection is performed
pursuant to this section. This subdivision shall not apply to inspections performed that meet
Page 17 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
the requirements of subdivision (d) of this section.
Section 12. Complaints
The Code Enforcement Officer shall review and, when warranted, investigate complaints
which allege or assert the existence of conditions or activities that fail to comply with the
Uniform Code, the Energy Code, this local law, or any other local law, ordinance, code, rule,
or regulation adopted for administration and enforcement of the Uniform Code or the Energy
Code. The process for responding to a complaint shall include such of the following steps,
along with such other actions and reviews as the Code Enforcement Officer may deem to be
appropriate:
(a) making telephonic inquiries to involved parties, or performing an inspection of the
conditions and activities alleged to be in violation, and documenting the results of such
inspection;
(b) if a violation is found to exist, then providing the owner of the affected property (and any
other Person who may be responsible for the violation) with notice of the violation and, in
most cases, an opportunity to abate, correct or cure the violation, or otherwise proceed in a
manner that promotes resolving the violation(s) in a manner approved by the Code
Enforcement Officer, or otherwise proceeding in the manner described in § 17 (Violations) of
this local law;
(c) if appropriate, revoking operating or building permits, issuing a Stop Work Order, a notice
of violation, an order to remedy, or other enforcement action, including the filing of charges;
(d) if a violation which was found to exist is abated or corrected, performing an inspection to
ensure that the violation has been abated or corrected, preparing a final written report
reflecting such abatement or correction, and filing such report with the complaint and as
proper procedures may require.
(e) nothing in this section mandates an opportunity to abate, correct or cure the violation
when the Code Enforcement Officer determines that there exists an emergency, an imminent
hazard to life or property, or that the violation is intentional or a repeated or recurring
violation or act of non-compliance.
Section 13. Condition Assessments of Parking Garages
(a) Def initions. For the purposes of this section:
(1) the term “condition assessment” means an on-site inspection and evaluation of a
parking garage for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any unsafe condition in
such parking garage, and evidence indicating that such parking garage is an unsafe
structure;
(2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or
decay of any structural element or building component, or any other loss of
effectiveness of a structural element or building component;
Page 18 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
(3) the term “parking garage” means any building or structure, or part thereof, in which
all or any part of any structural level or levels is used for parking or storage of motor
vehicles, excluding:
(i) buildings in which the only level used for parking or storage of motor vehicles is
on grade;
(ii) an attached or accessor y structure providing parking exclusively for a detached
one- or two-family dwelling; and
(iii) a townhouse unit with attached parking exclusively for such unit;
(4) the term “professional engineer” means an individual who is licensed or other wise
authorized under Article 145 of the Education Law to practice the profession of
engineering in the State of New York and who has at least three years of experience
performing structural evaluations;
(5) the term “responsible professional engineer” means the professional engineer who
performs a condition assessment, or under whose supervision a condition assessment
is performed, and who seals and signs the condition assessment report. The use of the
term “responsible professional engineer” shall not be construed as limiting the
professional responsibility or liability of any professional engineer, or of any other
licensed professional, who participates in the preparation of a condition assessment
without being the responsible professional engineer for such condition assessment.
(6) the term “unsafe condition” includes the conditions identified as “unsafe” in §
304.1.1, § 305.1.1, and § 306.1.1 of the PMCNYS; and
(7) the term “unsafe structure” means a structure that is so damaged, decayed,
dilapidated, or structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
(b) Condition Assessments – General Requirements. The owner operator of each parking
garage shall cause such parking garage to undergo an initial condition assessment as
described in subdivision (c) of this section, periodic condition assessments as described in
subdivision (d) of this section, and such additional condition assessments as may be
required under subdivision (e) of this section. Each condition assessment shall be conducted
by or under the direct supervision of a professional engineer. A written report of each
condition assessment shall be prepared, and provided to the Town, in accordance with the
requirements of subdivision (f) of this section. Before performing a condition assessment
(other than the initial condition assessment) of a parking garage, the responsible
professional engineer for such condition assessment shall review all available previous
condition assessment reports for such parking garage.
(c) Initial Condition Assessment. Each parking garage shall undergo an initial condition
assessment as follows:
(1) Parking garages constructed on or after August 29, 2018, shall undergo an initial
condition assessment following construction and prior to a certificate of occupancy or
Page 19 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
certificate of compliance being issued for the structure.
(2) Parking garages constructed prior to August 29, 2018, shall undergo an initial
condition assessment as follows:
(i) if originally constructed prior to Januar y 1, 1984, then prior to October 1, 2019;
(ii) if originally constructed between January 1, 1984, and December 31, 2002, then
prior to October 1, 2020; and
(iii) if originally constructed between January 1, 2003, and August 28, 2018, then
prior to October 1, 2021.
(3) Any parking garage constructed prior to the effective date of the local law enacting
this provision that has not undergone an initial condition assessment prior to that
effective date shall undergo an initial condition assessment prior to Januar y 1, 2023.
(d) Periodic Condition Assessments. Following the initial condition assessment of a parking
garage, such parking garage shall undergo periodic condition assessments at intervals not to
exceed 3 years.
(e) Additional Condition Assessments.
(1) If the latest condition assessment report for a parking garage includes a
recommendation by the responsible professional engineer that an additional condition
assessment of such parking garage, or any portion of such parking garage, be
performed before the date by which the next periodic condition assessment would be
required under subdivision (c) of this section, the owner or operator of such parking
garage shall cause such parking garage (or, if applicable, the portion of such parking
garage identified by the responsible professional engineer) to undergo an additional
condition assessment no later than the date recommended in such condition
assessment report.
(2) If the Town becomes aware of any new or increased deterioration which, in the
judgment of the Town, indicates that an additional condition assessment of the entire
parking garage, or of the portion of the parking garage affected by such new or
increased deterioration, should be performed before the date by which the next
periodic condition assessment would be required under subdivision (c) of this section,
the owner or operator of such parking garage shall cause such parking garage (or, if
applicable, the portion of the parking garage affected by such new or increased
deterioration) to undergo an additional condition assessment no later than the date
determined by the Town to be appropriate.
(f ) Condition Assessment Reports. The responsible professional engineer shall prepare, or
directly supervise the preparation of, a written report of each condition assessment, and
shall submit such condition assessment report to the Town at least 90 days before the date
such is due under subparagraphs (c) and (d) of this section, and within 45 days of the date of
any special assessment required under subparagraph (e) of this section. Such condition
assessment report shall be sealed and signed by the responsible professional engineer, and
Page 20 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
shall include:
(1) an evaluation and description of the extent of deterioration and conditions that
cause deterioration that could result in an unsafe condition or unsafe structure;
(2) an evaluation and description of the extent of deterioration and conditions that
cause deterioration that, in the opinion of the responsible professional engineer, should
be remedied immediately to prevent an unsafe condition or unsafe structure;
(3) an evaluation and description of the unsafe conditions;
(4) an evaluation and description of the problems associated with the deterioration,
conditions that cause deterioration, and unsafe conditions;
(5) an evaluation and description of the corrective options available, including the
recommended timeframe for remedying the deterioration, conditions that cause
deterioration, and unsafe conditions;
(6) an evaluation and description of the risks associated with not addressing the
deterioration, conditions that cause deterioration, and unsafe conditions;
(7) the responsible professional engineer’s recommendation regarding preventative
maintenance;
(8) except in the case of the report of the initial condition assessment, the responsible
professional engineer’s attestation that he or she reviewed all previously prepared
condition assessment reports available for such parking garage, and considered the
information in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9) the responsible professional engineer’s recommendation regarding the time within
which the next condition assessment of the parking garage or portion thereof should be
performed. In making the recommendation regarding the time within which the next
condition assessment of the parking garage or portion thereof should be performed,
the responsible professional engineer shall consider the parking garage’s age,
maintenance histor y, structural condition, construction materials, frequency and
intensity of use, location, exposure to the elements, and any other factors deemed
relevant by the responsible professional engineer in their professional judgment.
(g) Review Condition Assessment Reports. The Town shall take such enforcement action or
actions in response to the information in such condition assessment report as may be
necessary or appropriate to protect the public from the hazards that may result from the
conditions described in such report. In particular, but not by way of limitation, the Town
shall, by Order to Remedy or such other means of enforcement as the Town may deem
appropriate, require the owner or operator of the parking garage to repair or otherwise
remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions
identified in such condition assessment report pursuant to paragraphs (2) and (3) of
subdivision (f). All repairs and remedies shall comply with the applicable provisions of the
Uniform Code. This section shall not limit or impair the right of the Town to take any other
Page 21 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
enforcement action, including but not limited to suspension or revocation of a parking
garage’s operating permit, as may be necessary or appropriate in response to the information
in a condition assessment report.
(h) Records Retention. The Town shall retain all condition assessment reports for the life of
the parking garage. Upon request by a professional engineer who has been engaged to
perform a condition assessment of a parking garage, and who provides the Town with a
written statement attesting to the fact that he or she has been so engaged, the Town shall
make the previously prepared condition assessment reports for such parking garage (or
copies of such reports) available to such professional engineer. The Town shall be permitted
to require the owner or operator of the subject parking garage to pay all costs and expenses
associated with making such previously prepared condition assessment reports (or copies
thereof) available to the professional engineer.
(i) No Limitations. This section shall not limit or impair the right or the obligation of the
Town:
(1) to perform such construction inspections as are required by § 5 (Construction
Inspections) of this local law;
(2) to perform such periodic fire safety and property maintenance inspections as are
required by § 11 (Fire Safety and Property Maintenance Inspections) of this local law; or
(3) to take such enforcement action or actions as may be necessary or appropriate to
respond to any condition that comes to the attention of the Town by means of its own
inspections or observations, by means of a complaint, or by any other means other
than a condition assessment or a report of a condition assessment.
Section 14. Climatic and Geographic Design Criteria
(a) Special Rules for Inspections, Permits and Certif icates. The Code Enforcement Officer shall
determine the climatic and geographic design criteria for buildings and structures
constructed within this Town as required by the Uniform Code. Such determinations shall be
made in the manner specified in the Uniform Code using, where applicable, the maps,
charts, and other information provided in the Uniform Code. The criteria to be so determined
shall include but shall not necessarily be limited to, the following:
(1) design criteria to include ground snow load; wind design loads; seismic category;
potential damage from weathering, frost, and termite; winter design temperature;
whether ice barrier underlayment is required; the air freezing index; and the mean
annual temperature;
(2) heating and cooling equipment design criteria for structures within the scope of the
RCNYS. The design criteria shall include the data identified in the Design Criteria Table
found in Chapter 3 of the RCNYS; and
(3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map
shall include, at a minimum, special flood hazard areas as identified by the Federal
Emergency Management Agency in the Flood Insurance Study for the community, as
Page 22 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
amended or revised with:
(i) the accompanying Flood Insurance Rate Map (FIRM);
(ii) Flood Boundar y and Floodway Map (FBFM); and
(iii) related supporting data along with any revisions thereto.
(b) Records of Design Criteria. The Code Enforcement Officer shall prepare a written record
of the climatic and geographic design criteria determined pursuant to subdivision (a) of this
section, shall maintain such record within the office of the Code Enforcement Officer, and
shall make such record readily available to the public.
Section 15. Record Keeping
(a) Record Keeping. The Code Enforcement Officer shall keep permanent official records of
all transactions and activities conducted by all Code Enforcement Personnel, including
records of:
(1) all applications received, reviewed, and approved or denied;
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, Certificates of Occupancy, Certificates of Compliance,
Temporar y Certificates, Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all condition assessment reports received;
(9) all fees charged and collected; and
(10) all other features and activities specified in or contemplated by §§ 4 through 14,
inclusive, of this local law.
(b) Inspections and FOIL. All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to buildings or structures, or
appurtenances thereto, shall be retained for at least the minimum time period so required
by State law and regulations. Document search, review, reproduction, and delivery requests
shall follow the rules of the Freedom of Information Law (Article 6 of the New York Public
Officers Law).
Section 16. Program Review and Reporting
(a) Annual Report to Town. The Code Enforcement Officer shall annually submit to the Town
Board a written report and summary of all business conducted by the Code Enforcement
Page 23 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
Officer and the Inspectors, including a report and summar y of all transactions and activities
described in § 14 (Record Keeping) of this local law and a report and summary of all appeals
or litigation pending or concluded.
(b) Annual Report to Secretary of State. The Code Enforcement Officer shall annually submit
to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of
State, a report of the activities of this Town relative to administration and enforcement of the
Uniform Code.
(c) Additional Requests of Department of State. The Code Enforcement Officer shall, upon
request of the New York State Department of State, provide to the New York State
Department of State, true and complete copies of the records and related materials this
Town is required to maintain; true and complete copies of such portion of such records and
related materials as may be requested by the Department of State; and such excerpts,
summaries, tabulations, statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code and Energy Code as
may be requested by the Department of State.
Section 17. Violations
(a) Orders to Remedy. The Code Enforcement Officer is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about any building, structure,
or premises in violation of the Uniform Code, the Energy Code, or this local law. An Order to
Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall
specify the condition or activity that violates the Uniform Code, the Energy Code, or this local
law; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this
local law which is or are violated by the specified condition or activity; and shall include a
statement substantially similar to the following:
“The person or entity served with this Order to Remedy must completely remedy each
violation described in this Order to Remedy by _____ [specify date], which is thirty (30)
days after the date of this Order to Remedy.”
The Order to Remedy may include provisions ordering the person or entity served with such
Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy
immediately, or within some other specified period of time which may be more or less than
thirty (30) days; to continue diligently to remedy such violations until each such violation is
fully remedied; and, in any event, to complete the remedying of all such violations within
thirty (30) days of the date of such Order to Remedy; and (2) to take such other protective
actions (such as vacating the building or barricading the area where the violations exist)
which are authorized by this local law or by any other applicable statute, regulation, rule,
local law or ordinance, and which the Code Enforcement Officer may deem appropriate,
during the period while such violations are being remedied. The Code Enforcement Officer
shall cause the Order to Remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within five (5) days after the date of
the Order to Remedy. The Code Enforcement Officer shall be permitted, but not required, to
cause the Order to Remedy, or a copy thereof, to be ser ved on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents, or any other Person
Page 24 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
taking part or assisting in work being performed at the affected property personally or by
registered mail or certified mail within five (5) days after the date of the Order to Remedy;
provided, however, that failure to ser ve any Person mentioned in this sentence shall not
affect the efficacy of the Compliance Order. A compliance notice or order issued under
Executive Law § 382, and other types of notices and orders arising under other laws, statutes,
regulations, ordinances, codes, and rules, including but not limited to defective condition,
flood plain, and stormwater non-compliance orders and notices, are neither supplanted,
abridged, nor limited by this local law. An Order to Remedy may be served prior to,
contemporaneously with, or subsequent to any other notice or order, and each such notice
or order shall be and remain separately enforceable.
(b) Violations and Appearance Tickets. Any non-compliance with or violation of the
requirements of this local law, or the requirements of the Uniform Code or the Energy Code,
or any non-compliance with Orders to Remedy issued by the Town are violations of this local
law and, as applicable, of the relevant state codes. Code Enforcement Officers and Inspectors
are authorized to issue appearance tickets for any violation of the Uniform Code, the Energy
Code, or this local law. All procedural and venue-based provisions of New York State law
generally applicable to misdemeanors shall apply to any criminal proceeding brought under
this local law, and any misdemeanor shall be deemed and classified as an unclassified
misdemeanor. For purposes of this local law, the Town’s justice court is hereby vested and
imbued with jurisdiction to issue administrative and other warrants in compliance with the
New York Criminal Procedure Law and administrative codes of the State of New York, as well
as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter
and thereafter, if appropriate, impose any fine, penalty, or sanction.
(c) Penalties. In addition to such other penalties as may be prescribed by State law, (1) any
Person who violates any provision of this local law or the Uniform Code or Energy Code, or
any term, condition, or provision of any Building Permit, Certificate of Occupancy, Certificate
of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or
order issued by the Code Enforcement Officer pursuant to any provision of this local law,
shall be guilty of a violation or misdemeanor, as the case may be, as set forth below, and
subject to the following fines, penalties, and remedies:
(1) For a first violation, any person found guilty shall be deemed to have committed a
violation and shall be subject to a fine of not more than $500 nor less than $200, or
subject to a civil penalty of not more than $1,000 nor less than $250 to be recovered by
the Town in a civil action.
(2) A second violation is one found to have occurred within two years of any prior civil or
criminal determination of any other violation of this local law, and any person found
guilty of a second violation shall be deemed to have committed an unclassified
misdemeanor and shall be subject to a fine not less than $500 nor more than $2,500
and a period of incarceration not to exceed 120 days, or (2) subject to a civil penalty of
not less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action.
(3) Each week that any noncompliance or violation continues is and may be charged as
a separate violation and, in addition to any other remedy, a violation of or
noncompliance with this local law may result in the termination, modification, or
Page 25 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
revocation of any permits or approvals as issued.
(d) Injunctive Relief. Whenever the Town shall believe from evidence satisfactory to it that
there is a violation of, or non-compliance with, this local law, the Town may bring an action to
enjoin or restrain the continuation of such violation or non-compliance, to prevent, restrain,
enjoin, correct, enforce, or abate any violation (including any threatened violation) of, or
nonconformance with, any provision or requirement of the Uniform Code, the Energy Code,
this local, or any term or condition of any building permit, certificate of occupancy or
certificate of compliance, temporary certificate, stop-work order, operating permit,
compliance order, or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this local law, or to obtain an order directing the removal of the building
or structure or an abatement of the condition in violation of any of the same. The court may
also declare the rights and interests of any parties, impose, or collect any civil penalties, or
award any damages or other relief requested. In any action seeking equitable relief or
injunctions, including under Article 63 of the New York Civil Practice Law and Rules, the Town
shall not be required to post any bond or undertaking, prove that there is or will likely be
irreparable harm, or prove that the Town has no adequate remedy at law. Such action, and
any other action or proceeding, may be instituted in the name of the Town in any court of
competent jurisdiction, but no such action or proceeding shall be commenced without
appropriate authorization from the Town Board.
(e) Remedies Not Exclusive. The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including,
but not limited to, the right to seek equitable relief. No remedy or penalty specified in this
section shall be the exclusive remedy or remedy available to address any violation described
in this section, and each remedy or penalty specified in this section shall be in addition to,
and not in substitution for or limitation of, the other remedies or penalties specified in this
section, in § 6 (Stop Work Orders) of this local law, in any other section of this local law, or in
any other applicable law. Any remedy or penalty specified in this section may be pursued at
any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or
penalty specified in this section, in § 6 (Stop Work Orders) of this local law, in any other
section of this local law, or in any other applicable law. In particular, but not by way of
limitation, each remedy and penalty specified in this section shall be in addition to, and not
in substitution for or limitation of, the penalties specified in subdivision (2) of § 382 of the
Executive Law, and any remedy or penalty specified in this section may be pursued at any
time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in
subdivision (2) of § 382 of the Executive Law or any other proceedings or actions authorized
by this local law.
Section 18. Fees
A fee schedule shall be established by resolution of the Town Board. Such fee schedule may
thereafter be amended from time to time by like resolution. The fees set forth in, or
determined in accordance with, such fee schedule or amended fee schedule shall be charged
and collected for the submission of applications, the issuance of Building Permits, amended
Building Permits, renewed Building Permits, Certificates of Occupancy, Certificates of
Compliance, Temporary Certificates, Operating Permits, fire safety and property
maintenance inspections, and other actions of the Code Enforcement Officer described in or
Page 26 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
contemplated by this local law.
Section 19. Inter-municipal Agreements
The Town Board may, by resolution, authorize the Town, or an officer or employee thereof, to
enter into an agreement in the name of the Town with other governments to carry out the
terms of this local law, provided that such agreement does not violate any provision of the
Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable
law. Any qualified Code Enforcement Officer or Inspector of such other governmental entity
shall be and be deemed the Code Enforcement Officer and Inspector of the Town for all
purposes under this local law, including but not limited to matters of interpretation, review,
inspection, compliance, and enforcement.
Section 20. Electrical Inspections
All electrical inspections in the Town shall be conducted by an electrical inspector qualified
under New York State Law to conduct electrical inspections pursuant to and under the
requirements of the National Electrical Code, as it now exists or is hereafter amended or re-
codified.
Section 21. Limitations Upon Town Liability
The Town shall not be liable or responsible for any injury to persons or damage to property
due to the Town’s actions, or failures to act, under or pursuant to this local law unless it is
proven to a reasonable degree of certainty that such injury or damage was solely or
principally caused by a willful or intentional act of the Town. This provision shall be
construed and applied to the maximum extent permitted by law and does not create any
theory or claim of liability where none exists at law or in equity.
Section 22. Partial Invalidity
If any clause, sentence, paragraph, section or article of this local law shall be adjudged by any
court of competent jurisdiction to be unconstitutional, illegal, invalid or unenforceable, such
judgment or determination shall not affect, impair, or invalidate the remainder hereof, but
shall be confined in its operation to the clause, sentence, paragraph, section or article
thereof directly involved in the controversy in which such judgment shall have been
rendered, and the remainder of this local law shall remain in force and effect, and shall not
be impaired or invalidated by such judgment or determination.
Section 23. Effective Date
This local law shall take effect immediately.
Page 27 of 28
Town of Danby, NY Local Law 1 of 2023: Code Enforcement Law
Resolution 047 of 2023 to Adopt Local Law No 01 of 2023: Code Enforcement
Law and Regulations
Vote on 3 January 2023 to adopt Local Law 1 of 2023
Moved By: Woodworth Seconded By: Connors
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
I, Janice Adelman, do hereby certify that the above local law was passed at a meeting of the
Town of Danby Town Board held on 3 January 2023, is incorporated in the original minutes of
said meeting, and, that said resolution to approve Local Law 1 of 2023 has not been altered,
amended, or revoked, and is in full force and effect.
Janice Adelman
Town Clerk
Official Seal of Municipality
Page 28 of 28