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MODEL LOCAL LAW ESTABLISHING A LOCAL GOVERNMENT CODE
ENFORCEMENT PROGRAM
NOTE 1: This model local law is intended to be used only as a guide. Each local
government should work with its attorney in preparation of a local law that satisfies the
minimum standards.
NOTE 2: Under no circumstances should this model local law be adopted “as is.” At a
minimum, provisions in need to be filled in with the appropriate information
(or, in some cases, deleted). In addition:
• Section 4 (“Building Permits”) imposes the requirement that a building permit be
obtained before any work is performed. If a local government wishes to exempt
certain categories of work from the building permit requirement, the local
government should use the Alternative 1 versions of subdivisions (a), (b), and (c)
of Section 4, and should include in subdivision (b) only those categories of work
that the local government wishes to exempt from the building permit requirement.
(Note that the Alternative 1 version of Section 4, subdivision (b), lists all of the
categories of work that a local government is allowed to exempt from the building
permit requirement – the local government may not exempt any category of work
not listed there.) If a local government does not wish to exempt any category of
work from the building permit requirement, the local government should use the
Alternative 2 versions of subdivisions (a), (b), and (c) of Section 4.
• Section 9 (“Unsafe Buildings, Structures, and Equipment and Conditions of
Imminent Danger”) requires the local government to make reference to another
local law that establishes the local government’s procedures for identifying and
addressing unsafe buildings, structures, and equipment and conditions of
imminent danger (Alternative 1) or to draft and insert such provisions in Section 9
(Alternative 2).
• Section 10 (“Operating Permits”) imposes the requirement that an operating
permit be obtained for operating certain buildings and/or conducting certain
activities. If a local government wishes to allow exemptions from the operating
permit requirement, the local government should use the Alternative 1 version of
subdivision (c) of Section 10. If a local government does not wish to allow
exemptions from the operating permit requirement, the local government should
use the Alternative 2 version of subdivision (c) of Section 10.
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NOTE 3: The local government’s provisions for identifying and addressing unsafe
buildings, structures, and equipment and conditions of imminent danger, whether in
another local law (Section 9, Alternative 1) or in this local law (Section 9, Alternative 2),
must recognize and protect the right of all persons and entities to due process of law. In
particular, but not by way of limitation, provisions authorizing the local government to
post, placard, or condemn any building or structure and/or to remove any owner or
occupant or cause any owner or occupant to be removed from any building or structure
should (1) require the local government to first give such notice and opportunity to be
heard (and, if applicable, right to appeal) as may be required under the applicable
circumstances by applicable Federal and/or New York State Constitutional Provisions; (2)
provide that in cases of imminent danger, posting, placarding, and condemning a building
or structure and/or removing owners and occupants or causing owners and occupants to
be removed without first providing an opportunity to be heard shall be permitted but only
to the extent consistent with applicable Federal and New York State Constitutional
provisions; and (3) provide that in any case of imminent danger where posting,
placarding, and condemning a building or structure and/or removing owners and
occupants or causing owners and occupants to be removed does occur without first
providing an opportunity to be heard, the local government shall afford the affected
persons and entities the opportunity for a post-action hearing to the extent required by
applicable Federal and/or New York State Constitutional provisions. The local government
should consult with its own attorney for further information and for legal advice regarding
the applicable Federal and New York State Constitutional provisions and the drafting of
provisions that recognize and protect due process rights.
NOTE 4: With respect to inspections referred to in this model local law, the local
government should bear in mind that in most cases, in the absence of consent from the
building owner or other authorized person, the local government must obtain a warrant
or court order before performing the inspection. The local government should consult
with its own attorney for further information and for legal advice regarding the need for
a warrant or court order in any given situation.
NOTE 5: Section 14 (“Climatic and Geographic Design Criteria”) requires the code
enforcement official to determine the climatic and geographic design criteria for buildings
and structures constructed within the jurisdiction as required by the Uniform Code. Please
see Technical Bulletin TB-1009-RCNYS entitled “Requirements for Completing Table
R301.2(1) in the 2020 Residential Code of New York State” and note that some values
could be a range depending upon the boundaries of the jurisdiction.
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Draft – A
Proposed Local Law # 1 of 2026 of the Town of Groton
Be it enacted by the Town of Groton, in the County of
Tompkins NY, 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 the Town of Groton. This local
law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as
otherwise provided in the Uniform Code, the Energy Code other state law, or 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. DEFINITIONS
In this local law, 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 of Groton
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 of Groton
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 of
Groton and indicating that the building or structure, or portion thereof, is in a condition
suitable for occupancy.
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“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed
pursuant to subdivision (b) of section 3 of 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 section 3
of this local law.
“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 section 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 section 17 of this local law.
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“Permit Holder” shall mean the Person to whom a Building Permit has been issued.
“Person” shall include an individual, corporation, limited liability company, 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 section 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 and/or maple sugar.
“Temporary Certificate of Occupancy” shall mean a certificate issued pursuant to
subdivision (d) of section 7 of this local law.
“Town” shall mean the Town of Groton.
“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.
SECTION 3. REPEALER
Local Law number 1 of 2007 is hereby repealed and Local Law number 1 of 2026 is
enacted in its place. Any reference to Local Law number 1 of 2007 in the Town of Groton
Land Use and Development Code shall, instead, be a reference to local law #1 of 2026.
SECTION 4. CODE ENFORCEMENT OFFICER AND INSPECTORS
(a) The Office of Code Enforcement Officer is hereby created. 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:
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(1) to receive, review, and approve or disapprove applications for Building Permits,
Demolition Permits, Certificates of Occupancy, Certificates of Compliance,
Temporary Certificates of Occupancy, and Operating Permits, and the plans,
specifications, and construction documents submitted with such application.
(2) upon approval of such applications, to issue Building Permits, Demolition
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, Temporary Certificates of
Occupancy, and Operating Permits; fire safety and property maintenance 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 section 17 (Violations) of this local
law;
(7) to maintain records during the review and construction period and will then transfer
records to the Town Clerk for retention;
(8) to collect fees as set by the Town of Groton
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with the attorney for the Town of Groton, 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) The Code Enforcement Officer shall be appointed by the Groton Town Board. The
Code Enforcement Officer shall possess background experience related to building
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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 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.
(c) In the event that the Code Enforcement Officer is unable to serve as such for any
reason, another individual shall be appointed by the Groton 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) One or more Inspectors may be appointed by the Groton 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) The compensation for the Code Enforcement Officer and Inspectors shall be fixed
from time to time by the Town Board of the Town of Groton.
SECTION 5. BUILDING PERMIT & APPLICATION FOR CERTIFICATE OF
OCCUPANCY AND COMPLETION
(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/or 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 submitted a complete
application as outlined in this section and upon approval, obtained a Permit from the
Town of Groton Code Official or acting Code Official.
(b) Exemptions. No Building Permit shall be required for work in any of the following
categories:
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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;
construction of temporary sets and scenery associated with motion picture,
television, and theater uses;
installation of window awnings supported by an exterior wall of a one- or two-family
dwelling or multiple single-family dwellings (townhouses);
installation of partitions or movable cases less than 5'-9" in height;
painting, wallpapering, tiling, carpeting, or other similar finish work;
installation of listed portable electrical, plumbing, heating, ventilation or cooling
equipment or appliances;
replacement of any equipment provided the replacement does not alter the
equipment’s listing or render it inconsistent with the equipment’s original specifications; or
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 service of any part of the fire protection system for
any period of time.
(c) Exemption not deemed authorization to perform 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.
(d) Applications for Building Permits. Applications for a Building Permit shall be made in
writing on a form provided by or otherwise 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 who must supply a letter with the
owner’s original signature giving permission to apply. 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 be
submitted as one complete packet of the following information and documentation:
1) a description of the location, nature, extent, and scope of the proposed work;
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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 at least 2 sets of construction documents
(drawings and/or specifications) which (i) describe the location, nature, extent,
and scope of the proposed work; (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 boundary survey, 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 in accordance with 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 in accordance with Article 147 of
the New York State Education Law or a licensed and registered professional
engineer in accordance with 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.
5) Construction documents. Construction documents will not be accepted as part of
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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.
6) Workmen’s Compensation. Documentation providing for General Municipal Law
125, proof of workmen’s compensation or authorized exemption issued by NY
State.
7) Inspection sheet. A list of anticipated inspections determined by the Code
Enforcement Officer and signed by the owner.
e) 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, Energy Code and local zoning. The Code
Enforcement Officer is allowed at least 10 days to review the documents submitted
shall issue a Building Permit if the proposed work is in compliance with the
applicable requirements of the Uniform Code, Energy Code, local zoning and by NY
General Municipal Law 125 providing for proof of workmen’s compensation.
f) 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.
g) 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
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reflecting such change is issued.
h) Time limits. Building Permits shall become invalid unless the authorized work is
commenced within 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, verification of
current workmen’s compensation or State allowed exemption , inspection(s) of any
progress to the project and approval of the application by the Code Enforcement
Officer. Permit renewals shall be limited to 3 years upon which, a new completed
application for the project will be required.
i) 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, the Energy Code or local zoning, 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, the Energy Code
and local zoning (2) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code, the Energy Code and local
zoning.
j) Fees. The fee specified in or determined in accordance with the provisions set forth
in section 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.
SECTION 6. 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.
(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;
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(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 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
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applicable provisions of the Uniform Code and the Energy Code, reinspected, and found
satisfactory as completed.
(e) Fee. The fee specified in or determined in accordance with the provisions set forth
in section 18 (Fees) of this local law must be paid prior to or at the time of each
inspection performed pursuant to this section.
(f)
SECTION 7. 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 contrary 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 mail / certified mail]. The Code Enforcement Officer shall be permitted,
but not required, to cause the Stop Work Order, or a copy thereof, to be served 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 mail / certified mail]; provided, however,
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that failure to serve any Person mentioned in this sentence shall not affect the efficacy
of the Stop Work Order.
(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 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 section 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 8. CERTIFICATES OF OCCUPANCY AND CERTIFICATES OF
COMPLIANCE
(a) Certificates of Occupancy and Certificates 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 Certificates of Occupancy and Certificates 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, Energy Code and local Land Use and
Development Code, 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
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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 and/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 factory manufactured buildings and/or
manufactured homes.
(c) Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of
Occupancy or Certificate of Compliance shall contain the following information:
(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 Certificate 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
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[Type here]
work which is the subject of a Building Permit. However, in no event shall the Code
Enforcement Officer issue a Temporary Certificate of Occupancy unless the Code
Enforcement Officer determines (1) that the building or structure, or the portion thereof
covered by the Temporary 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 Temporary Certificate of Occupancy such
terms and conditions as he or she deems necessary or appropriate to ensure the health
and safety of the persons occupying and using the building or structure and/or
performing further construction work in the building or structure. A Temporary
Certificate of Occupancy shall be effective for a period of time, not to exceed 3 months,
which shall be determined by the Code Enforcement Officer and specified in the
(e) 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.
(f) Revocation or suspension of certificates. 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 such period of time as shall be specified by the Code Enforcement Officer,
the Code Enforcement Officer shall revoke or suspend such certificate.
(g) Fee. The fee specified in or determined in accordance with the provisions set forth in
section 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 9. NOTIFICATION 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 10. UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND
CONDITIONS OF IMMINENT DANGER
Unsafe buildings, structures, and equipment and conditions of imminent danger in this
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[Type here]
Town shall be identified and addressed in accordance with the procedures established
by Local Law Number 1 of 2011 as now in effect or as hereafter amended from time
to time.
SECTION 11. OPERATING PERMITS.
(a) Operation 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; buildings, structures, facilities, processes, and/or activities that are
within the scope and/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 temporary
special event structure, or a tent where approval is required pursuant 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;
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[Type here]
(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 section
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 Local
Law Number [ of ], as now in effect or as hereafter amended from time to
time.
(2) energy storage systems, where the system exceeds the values shown in Table
1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of
the RCNYS.
(3) buildings containing one or more assembly areas;
(4) outdoor events where the planned attendance exceeds 1,000 persons;
(5) facilities that store, handle or use hazardous production materials;
(6) parking garages as defined in subdivision (a) of section 13 of this local law;
(7) buildings whose use or occupancy classification may pose a substantial potential
hazard to public safety, as determined by resolution adopted by the Town Board of
this Town and
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[Type here]
(8) other processes or activities or for operating any type of building, structure, or
facility as determined by resolution adopted by the Town Board of the Town of Groton.
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[Type here]
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 otherwise 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.
[Alternative 1: use the follow ing version of subdivision (c) if the Local
Government w ishes to allow exemptions from the Operation Permit
requirements]
(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 section 11 (Fire Safety and Property
Maintenance Inspections) of this local law, and condition assessments are performed in
compliance with section 13 (Condition Assessments of Parking Garages) of this local
law, as applicable.]
[Alternative 2: use the follow ing version of subdivision (c) if the Local
Government does not w ish to allow exemptions from the Operation Permit
requirements]
(c) This subdivision is intentionally omitted.
(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
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[Type here]
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 their 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 consistent with local conditions, but in no event to exceed as follows:
(1) [specify interval not to exceed 180 days] days for tents, special event
structures, and other membrane structures;
(2) [specify interval not to exceed 60 days] days for alternative activities at a
sugarhouse;
(3) [specify interval not to exceed three (3) years] years for the activities,
structures, and operations determined per paragraph (9) of subdivision (a) of this
section, and
(4) [specify interval not to exceed one (1) year] 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
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[Type here]
not comply with any applicable provision of the Uniform Code, such Operating Permit
shall be revoked or suspended.
(h) Fee. The fee specified in or determined in accordance with the provisions set forth
in section 18 (Fees) of this local law must be paid at the time submission of an
application for an Operating Permit, for an amended Operating Permit, or for reissue or
renewal of an Operating Permit.
SECTION 12. 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 intervals:
(1) at least once every twelve (12)months for buildings which contain an assembly area;
(2) at least once every twelve (12)months for public, private schools or 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 months for multiple dwellings and all non-
residential 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 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,
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[Type here]
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.
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 section 156-e and
Education Law section 807-b. [INCLUDE THE FOLLOWING PROVISIONS IF THE
TOWN WISHES TO RELY ON THE INSPECTIONS PERFORMED BY OFPC OR
OTHER AUTHORIZED ENTITY, AND DOES NOT WISH TO HAVE THE CODE
ENFORCEMENT OFFICER INSPECT BUILDINGS THAT ARE INSPECTED BY
OFPC OR OTHER AUTHORIZED ENTITY:
Notw ithstanding 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 sections 807-a
and 807-b of the Education Law and/ or section 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 section
1203.2(e);
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[Type here]
(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 section 17 (Violations) of this local law .]
(e) Fee. The fee specified in or determined in accordance with the provisions set forth
in section 18 (Fees) of this local law must be paid prior to or at the time each inspection
performed pursuant to this section. This subdivision shall not apply to inspections
performed by OFPC.
SECTION 12. COMPLAINTS
The Code Enforcement Officer shall review and investigate written 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 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 as
the Code Enforcement Officer may deem to be appropriate:
(a) performing an inspection of the conditions and/or activities alleged to be in
violation, and documenting the results of such inspection;
(b) if a violation is found to exist, providing the owner of the affected property and any
other Person who may be responsible for the violation with notice of the violation and
opportunity to abate, correct or cure the violation, or otherwise proceeding in the
manner described in section 17 (Violations) of this local law;
(c) if appropriate, issuing a Stop Work Order;
(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
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complaint.
SECTION 13. CONDITION ASSESSMENTS OF PARKING GARAGES.
(a) Definitions. 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;
(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 accessory 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 otherwise
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 section
304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and
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[Type here]
(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 [City / Tow n / Village], 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
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 January 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
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[Type here]
effective date shall undergo an initial condition assessment prior to [specify date not
more than six (6) months after the effective date of this local law].
(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 [specify interval not to exceed three (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 [City / Tow n / Village] becomes aware of any new or increased
deterioration which, in the judgment of the [City / Tow n / Village], 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 [City / Tow n / Village] 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 [City / Tow n / Village]
within [specify time as fixed by the City / Tow n / Village]. Such condition
assessment report shall be sealed and signed by the responsible professional engineer,
and 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;
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[Type here]
(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
history, 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 [City / Tow n / Village] 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 [City / Tow n / Village] shall, by Order to Remedy or
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[Type here]
such other means of enforcement as the [City / Tow n / Village] 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
[City / Tow n / Village] to take any other 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) The [City / Tow n / Village] 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
[City / Tow n / Village] with a written statement attesting to the fact that he or she
has been so engaged, the [City / Tow n / Village] shall make the previously prepared
condition assessment reports for such parking garage (or copies of such reports)
available to such professional engineer. The [City / Tow n / Village] 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.
This section shall not limit or impair the right or the obligation of the [City / Tow n
/ Village]:
(1) to perform such construction inspections as are required by section 5 (Construction
Inspections) of this local law;
(2) to perform such periodic fire safety and property maintenance inspections as are
required by section 11 (Fire Safety and Property Maintenance Inspections) of this local
law; and/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 [City / Tow n / Village]
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 13. CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA.
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(a) The Code Enforcement Officer shall determine the climatic and geographic design
criteria for buildings and structures constructed within the Town of Groton 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
amended or revised with:
(i) the accompanying Flood Insurance Rate Map (FIRM);
(ii) Flood Boundary and Floodway Map (FBFM); and
(iii) related supporting data along with any revisions thereto.
(b) 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 14. RECORD KEEPING.
(a) The Code Enforcement Officer shall keep permanent official records of all
transactions and activities conducted by all Code Enforcement Personnel, including
records of: (a) All records created for building, zoning and property regulations
shall be maintained by the Town of Groton records management officer. The Code
Enforcement Officer shall have access to records of all transactions and activities
conducted by all Code Enforcement Personnel, including the records of:
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(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,
Temporary 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 sections 4 through
14, inclusive, of this local law.
(b) 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 regulation. are subject to the Town of Groton FOIL
Policy and will be retained as provided by the Retention and Disposition Schedule
of NY Local Government Records which may be updated from time to time.
SECTION 15. PROGRAM REVIEW AND REPORTING
(a) The Code Enforcement Officer shall annually submit to the Town Board of the Town
of Groton, a written report and summary of all business conducted by the Code
Enforcement Officer and the Inspectors, including a report and summary of all
transactions and activities described in section 14 (Record Keeping) of this local law
and a report and summary of all appeals or litigation pending or concluded.
(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on
behalf of the Town on a form prescribed by the Secretary of State, a report of the
activities of the Town related to administration and enforcement of the Uniform Code.
(c) The Code Enforcement Officer and the Town of Groton shall, upon request of the
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[Type here]
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 that the Town of
Groton 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/or such excerpts, summaries, tabulations, statistics, and other information and
accounts of its activities in connection with administration and enforcement of the
Uniform Code and/or Energy Code as may be requested by the Department of State.
SECTION 16: 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, the Town of
Groton Land Use and Development 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 condition, activity, provision or provisions that violates the
Uniform Code, the Energy Code, The Town of Groton Land Use and Development Code
amended from time to time, or this local law; shall specify the provision or provisions
of the Uniform Code, the Energy Code, or this local law which is/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 _______
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 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/or (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
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the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents, or any other
Person 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 serve any Person mentioned in
this sentence shall not affect the efficacy of the Compliance Order.
(b) Appearance Tickets. The Code Enforcement Officer and each Inspector are
authorized to issue appearance tickets for any violation of the Uniform Code
and the Town of Groton Land Use and Development code as may be
amended from time to time.
(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 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
punishable by a fine of not more than [ specify amount] per day of violation, or
imprisonment not exceeding [specify time period], or both; and
(this is what our law reads within the Land Use Code- if we change this we have
to update the code too) by a fine not exceeding $350.00 or imprisonment for a period
not to exceed six months, or both for conviction of a first offense; for conviction of a
second offense both of which were committed within a period of five years, punishable
by a fine not less than $350.00 nor more than $700.00 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third or subsequent
offense all of which were committed within a period of five years, punishable by a fine
not less than $700.00 or more than $1000.00 or imprisonment for a period not to
exceed six months, or both. For the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this Code shall be deemed misdemeanors and
for such purposes only all provisions of law relating to misdemeanors shall apply.
Each week's continued violation shall constitute a separate additional violation.
(2) any Person who violates any provision of the Uniform Code, the Energy Code, the
Town of Groton Land Use and Development Code amended from time to time, or this
local law, or any term or condition 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 liable to pay a civil penalty of not more than [specify
amount] for each day or part thereof during which such violation continues. The civil
penalties provided by this paragraph shall be recoverable in an action instituted in the
Town of Groton.
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(d) Injunctive Relief. An action or proceeding may be instituted in the name of the
Town of Groton in a court of competent jurisdiction, to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the
Energy Code, the Town of Groton Land Use and Development Code as amended from
time to time and this local law, or any term or condition of any Building Permit,
Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work
Order, Operating Permit, Order to Remedy, or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this local law. In particular, but not by
way of limitation, where the construction or use of a building or structure is in violation
of any provision of the Uniform Code, the Energy Code, the Town of Groton Land Use
and Development Code as amended from time to time, this local law, or any Stop Work
Order, Order to Remedy or other order obtained under the Uniform Code, the Energy
Code, The Town of Groton Land Use and Development Code or this local law, an action
or proceeding may be commenced in the name of the Town of Groton, in the Supreme
Court or in any other court having the requisite jurisdiction, to obtain an order directing
the removal of the building or structure or an abatement of the condition in violation of
such provisions. No action or proceeding described in this subdivision shall be
commenced without the appropriate authorization from the Town Board of the Town of
Groton.
(e) Remedies Not Exclusive. 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 section 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 section 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 section 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
section 382 of the Executive Law.
SECTION 17: FEES
A fee schedule shall be established by resolution of the Town of Groton. Such fee
schedule may thereafter be amended from time to time by like resolution. The fees set
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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 contemplated by this local law.
SECTION 18. INTERMUNICIPAL AGREEMENTS
The Town Board of the Town of Groton may, by resolution, authorize the [Code
Official of the [Village of Groton ] designate a temporary code official for times
when the appointed official is not available or may enter into an agreement, in the
name of the Town of Groton 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.
SECTION 19. PARTIAL INVALIDITY
If any section of this local law shall be held unconstitutional, invalid, or ineffective, in
whole or in part, such determination shall not be deemed to affect, impair, or invalidate
the remainder of this local law.
SECTION 20. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York
State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
REVISIONS TO MODEL LOCAL LAW:
January 18, 2022: The foregoing Model Local Law contains numerous revisions to the
prior version of the model local law. The revisions are intended to reflect the new version
of 19 NYCRR Part 1203, which was adopted on December 14, 2021 and which will become
effective on December 30, 2022. The Department of State recommends that each local
government responsible for administration and enforcement of the Uniform Code and/or
Energy Code review the local law(s) or ordinance(s) that establish its existing code
enforcement program and make such changes to such local law(s) or ordinance(s) as
may be required to bring its code enforcement program into compliance with the new
version of Part 1203. One way to do so would be to repeal the local law(s) or ordinance(s)
that establish the local government’s existing code enforcement program and to adopt a
new local law based on foregoing Model Local Law.
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Any local government that adopted the prior version of the model local law,
or a modified version of the prior model local law, and that wishes to keep
such local law in effect through December 30, 2022, should be aware of the
following revisions that were made to the prior model local law:
August 15, 2018: Revised subdivision (a) of Section 10, added a new Section 13
entitled Condition Assessments of Parking Garages, renumbered Sections 13 through 19
accordingly, and revised new Section 14, to reflect the provisions of amended 19
NYCRR section 1203.3, relating to Condition Assessments of Parking Garages. Revised
any references to the previously numbered Sections 13 through 19 to reflect the
appropriate new renumbered Section. Revised subdivisions (b) and (d) of Section 3 by
changing the phrase “State Fire Administrator” to “Department of State.”
December 28, 2015: Revised subdivision (a) of Section 15 to reflect the provisions of
new 19 NYCRR section 1203.5, relating to Orders to Remedy.
April 22, 2011: Revised first sentence in subdivision (c) of Section 15 by changing the
word “proscribed” to “prescribed.”
February 23, 2006: Revised two references in the last sentence in Section 15(e)
from subdivision (2) of section 381 of the Executive Law to subdivision (2) of section
382 of the Executive Law.
February 23, 2006: Revised definition of "inspector" (Section 2) from pursuant to
subdivision (d) of section 4 of this local law to pursuant to subdivision (d) of section 3
of this local law.