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HomeMy WebLinkAbout1984-08-29188 1 August 29.1984 The Lansing Town Board met on August 29, 1984 at 8:00 P.M. to conduct Public Hearings on proposed Local Law #2 and #3 for the year 1984, and to act on any other business that may come before said board. ROLL CALL Philip Munson Supervisor Present Louis Emmick Councilman Present George Stevens Councilman Present Bert Hilliard Councilman Absent Margaret McElwee Councilwoman Absent Robert Williamson Town Attorney Present Jane Bush Horky Town Clerk Present Visitor: Lansing Code Enforcement Officer, Gary L. Wood. The Supervisor called the meeting to order having the clerk take the Rol Call. Proof of Notice having been furnished by the Town Clerk, the Public Hearing on Proposed Local Law #2 for the year 1984 which Local Law will repeal Local Law #1 of 1982 entitled "Town of Lansing Fire Prevention Code," was called to order at 8:00 P.M. by Supervisor Munson. No one appeared voicing any objection to the proposed Local Law #2, 1984 which would repeal Local Law #1, 1982, entitled, "Town of Lansing Fire Preven- tion Code, adopted February 23, 1982, and all persons desiring to be heard, having been heard, the Public Hearing was terminated at 8:05 P.M. Proof of Notice having been furnished by the Town Clerk, the Public Hearing on Proposed Local. Law #3 for the year 1984 which Local Law would provide for the Administration and Enforcement of the Uniform Fire Prevention and Building Code. No one appeared voicing any objection to the proposed Local Law #3, 1984 entitled "For Administration and Enforcement of the Uniform Fire Prevention and Building Code, and all persons desiring to be heard, having been heard, the Public Hearing was terminated at 8:20 P.M. The Town Board reviewed the Public Hearing on proposed Local Law #2 for the year 1984 entitled Repeal of Local Law #1, 1982, entitled, "Town of Lansing Fire Prevention Code" adopted February 23, 1982 and the following resolution was offered: RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mr. Stevens: WHEREAS, a Public Hearing has been held on August 29, 1984 at 8:00 P.M. in the evening thereof on Proposed Local Law #2, which repeals Local Law #1, 1982, entitled Town of Lansing Fire Prevention Code, and WHEREAS, no one appeared objecting to the repeal of Local Law #1, 1982, now therefore be it RESOLVED, that said Local Law #2 - 1 entitled Town of Lansing Fire Prevention and the same is hereby declared duly adop Vote of Town Board . (Aye Vote of Town Board . (Aye Vote of Town Board (Aye 984 enti Code, ad ted. Louis George Philip tled Repeal of Local Law #1, opted February 23, 1982, be Emmick, Councilman Stevens, Councilman Munson, Supervisor LOCAL LAW #2 - 1984 REPEAL OF LOCAL LAW NO. 19 1982, ENTITLED, "TOWN OF LANSING FIRE PREVENTION CODE" ADOPTED FEBRUARY 23, 1982 Be it enacted by the Town Board of the Town of Lansing as follows: Section 1: Local Law No. 1, 1982, entitled, "Town of Lansing Fire Prevention Code ", is hereby repealed. Section 2: This Local Law shall take effect on proper filing and publishing as required by law. The Town Board revied the Public Hearing on proposed Local Law #3 for the year 1984 entitled For Administration and Enforcement of the Uniform Fire Prevention and Building Code, and the following resolution was offered: RESOLUTION offered by Mr. Stevens, who moved its adoption, seconded by Mr. Emmick: WHEREAS, a Public Hearing has been held on August 29, 1984 at 8:05 P.M. in the evening thereof on Proposed Local Law #3 which Local Law is entitled For Administration and Enforcement of the Uniform Fire Prevention and Building Code, and be it WHEREAS, no one appeared objecting to Local Law #3 - 1984, now therefore (continued) 11! Continued August 29, 1984 RESOLVED, that said Local Law #3 - 1984 entitled For Administration and 189 Enforcement of the Uniform Fire Prevention and Building Code, be and the same is hereby declared duly adopted. Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) George Stevens, Councilman Vote of Town Board . (Aye) Philip Munson, Supervisor LOCAL LAW #3 - 1984 FOR ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE Be it enacted by the Town Board of the Town of Lansing as follows: Section 1 - Applicability This Local Law shall provide the basic method for administering and enforc- ing the New York State Uniform Fire Prevention and Building Code by the Town of Lansing and shall establish powers, duties and responsibilities in connection • therewith. Section 2 - Effective Date This Local Law shall take effect on the proper filing and publishing of same as required by law. Section 3 - Administration The code enforcement officer appointed by the Town Board shall administer and enforce the New York State Uniform Fire Prevention and Building Code within the Town of Lansing. Section 4 - 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 effect, impair or invalidate the remainder thereof. Section 5 - Rules and Regulations a) It is understood that pursuant to Section 381 of the Executive Law of the State of New York that the Secretary of the State of New York has promulgated rules and regulations describing minimum standards for administering and enforc- ing the Uniform Fire Prevention and Building Code in accordance with Sections 377 and 378 of the Executive Law. These rules and regulations are to become effec- tive in the Town of Lansing upon adoption of this Local Law. In addition thereto, the Town Board of the Town of Lansing may adopt additional rules and regulations which shall not conflict with the state rules and regulations. b) The code enforcement officer shall publish all rules and regulations at least thirty (30) days prior to the effective date thereof in the Ithaca Journal. Section 6 - Designation of Code Enforcement Officer There is hereby designated, in the Town of Lansing a public official to be known as the code enforcement officer who shall be appointed by the Town Board of the Town of Lansing at a compensation to be fixed by said board to serve at the pleasure of the board. His duties shall include, not only administering and enforcing the New York State Fire Prevention and Building Code, but also the enforcement of all other ordinances and local laws in the Town of Lansing. Section 7 - Acting Code Enforcement Officer In the absence of the code enforcement officer or in the case of his inability to act for any reason, the Town Supervisor shall have the power, with the consent of the Town Board, to designate a person to act in behalf of the code enforcement officer and exercise all the powers conferred upon him by this Local Law. • Section 8 - Duties and Powers of Code Enforcement Officer a) Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the code enforcement officer shall administer and enforce all other provisions of laws, ordinances, rules and regulations applicable to the enforcement of the Uniform Fire Preven- tion and Building Code of the State of New York. b) He shall prepare and promulgate rules and regulations for the enforce- ment of said Uniform Fire Prevention and Building Code subject to the approval of the Town Board of the Town of Lansing. c) He shall receive applications, approve plans and specifications and issue permits as required by said code and shall examine the premises for which such application for permits have been received for the purpose of insuring compliance with the said code. (continued) Continued August 29, 1984 190 d) He shall issue, in writing, all appropriate notices or orders to re- move illegal or unsafe conditions, to require the necessary safeguards during con- struction and to insure compliance during entire course of construction with the requirements of such laws, ordinances, rules and regulations, and such notices or orders may be served upon the property owner or his agent personally or by sending, by certified mail, a copy of such order to the owner or his agent at the address set forth in the application for the permit and by posting same on a conspicuous portion of the premises to which the notice applies. He shall make all the necess- ary inspections for the proper carrying out of his duties. e) He shall issue a certificate of occupancy where appropriate for a building constructed or altered in accordance with the provisions of the state code which certificate shall state that the building conforms to the requirements of the code. Section 9 - Department Records and Reports a) The code enforcement officer shall keep permanent official records of all transactions and activities conducted by him including all applications received, plans approved, permits and certificates issued, fees charged and collected, in- spection reports, all rules and regulations promulgated by him with the.consent of the Town Board of the Town of Lansing and notices and orders issued. All such records shall be public records open to public inspection during normal business hours. b) The code enforcement officer shall, annually, submit to the Town Board of the Town of Lansing a written report and summary of all business conducted by him including fees collected, orders and notices promulgated and inspections made. Section 10 - Permits a) Upon payment of the fees as described in the schedule of fees.adopted by the Town Board of the Town of Lansing, building permits and permits issued under the requirements of the Uniform Fire Prevention and Building Code shall be issued by and bear the name and signature of the code enforcement officer and shall specify. 1) Activity, operation or building for which permit is issued; 2) Address or location where building, activity or operation is to be conducted; 3) Name and address of permittee; 4) Permit number and date of issuance; 5) Period of permit validity. b) Permits shall not be transferrable and any change in the building or construction as approved the activity, operation, location, ownership or use shall require a new permit. c) Permits shall continue until revoked or for a period of time designated at the time of issuance. An extension of the permit time may be granted provided a satisfactory reason can be shown for failure to start or complete the work, build- ing construction or activity authorized within the required time. d) Permits shall be obtained for all the items listed in the Uniform Fire Prevention and Building Code of the State of New York. A copy of said code in on file with the Town Clerk in the Town of Lansing. Section 11 - Inspections The code enforcement officer shall conduct periodic inspections for com- pliance with the provisions of the Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time. If entrance to make an inspection is refused or cannot be obtained, the code enforcement officer may apply for a warrant to make an inspection to any court of competent jurisdiction. Section 12 - Removal of uangerous uuiiaing ar 3L1'UULUrea a) A building or structure or part thereof which is in eminent danger to the life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance. b) Whenever the code enforcement officer finds a building or structure or parts of to be in eminent danger to the life and safety of the public as a result of a fire or explosion, the code enforcement officer may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be required to remove the danger. c) The code enforcement officer may require the occupants of any building or structure or parts thereof to vacate the premises forthwith. No person shall use or occupy such building or structure or part thereof until it is made safe. d) Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure or part thereof. (continued) 0 Continued August 29, 1984 Section 13 191 All costs and expenses incurred by the Town of Lansing in connection with any work done to remove the danger or in connection with the demolition and re- moval of any such building or structure shall be assessed against the land on which such building and structures are located, and the bill for such expenses shall be presented to the owner of the property, or if the owner cannot be ascer- tained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within ten (10) days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the code enforcement officer may file a certificate of the actual expenses incurred, as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof with the assessor, who, in the preparation of the next assessment, will assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the • same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Lansing. Section 14 - Duties and Powers of Code Enforcement Officer - Uniform Building Code a) The code enforcement officer shall enforce all provisions of laws, rules and regulations applicable to the plans, specifications or permits for construc- tion, alteration or repair of buildings and structures and installation of use and materials and equipment therein on location, use and occupancy thereof. b) He shall promulgate rules and regulations subject to the approval of the Town Board of the Town of Lansing to secure the intent and purposes of this Local Law and proper enforcement of the laws governing building plans, specifications, construction, alteration or repairs. c) The code enforcement officer shall receive applications, approve plans and specifications, issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or which such permits have been issued for the purpose of insuring compliance with said laws, rules and reg- ulations. d) He shall issue, in writing, all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during con- struction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances, rules and regulations, and such notices or orders may be served upon the property owner or his agent personally hereby by sending, by certified mail, a copy of such order to the owner or his agent at the address set forth in the application for permission for the construction or alteration of such building and by posting the same upon a conspicuous portion of the premises ito which the notice applies. He shall make all inspections which are necessary or proper for the carrying out of his duties. e) He shall issue a certificate of occupancy where appropriate for a build- ing constructed or altered in accordance with the provisions of the Uniform Build- ing Code which such certificate shall certify that the building conforms to the requirements of the code. Section 15 - Permits A permit issued by the code enforcement officer pursuant to this Local Law shall be deemed compliance with the zoning ordinance with the Town of Lansing, where applicable. Section 16 - Violation and Penalties • In accordance with Section 382 of the Executive Law of the State of New York, the Town B oard of the Town of Lansing, by its code enforcement officer, shall have the power to order, in writing, the remedying of any condition found to exist in, on or about any building in violation of the Uniform Fire Preven- tion and Building Code and to issue appearance tickets for violations of said code. Any person having been served, either personally or by registered mail, with an order to remedy any condition found to exist in, on or about any building in violation of the Uniform Fire Prevention and Building Code, who shall fail to comply with such order within the time fixed and the regulations promulgated by the Secretary of State of the State of New York pursuant to.Subdivision 1-of Section 381 of the Executive Law, which time shall be set forth in the order and any owner, builder, architect, tenant, contractor, sub - contractor, construction superintendent or their agent or any other person taking part or assisting in the construction of any.building who shall knowlingly violate any of the applicable provisions of the Uniform Code or any lawful order of the code enforcement officer or the Town Board of the Town of Lansing made thereunder regarding standards of construction, maintenance or fire protection equipment and assistance, shall be punishable by a fine of not more than $1,000.00 per day of violation or imprisonment not exceeding one year or both. (continued) Continued August 29, 1984 19 2 Where construction or use of the building is in violation of any provision of the Uniform Code or any lawful order obtained thereunder, a justice of the Supreme Court of the Special Term in the Judicial District in which the building is located, may order the removal of the building or an abatement of the conditions in violation of such provisions. An application for such relief may be made by the code enforcement officer or under direction of the Town Board of the Town of Lansing or any other person aggrieved by the violation. Town Board Members and Gary L. Wood, Town of Lansing Code Enforcement Officer, reviewed the Proposed Rules and Regulations for Promulgation by the Code Enforce- ment Officer with the consent of the Town Board of the Town of Lansing. Following resolution offered: Resolution offered by Mr. Emmick, who moved its adoption, seconded by Mr. Stevens: RESOLVED, that the Proposed Rules and Regulations for Promulgation by the Code Enforcement Officer with the consent of the Town Board of the Town of Lansing, be and are hereby adopted. Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) George Stevens, Councilman Vote of Town Board . (Aye) Philip Munson, Supervisor RULES AND REGULATIONS FOR PROMULGATION BY THE CODE ENFORCEMENT OFFICER WITH THE CONSENT OF THE TOWN BOARD OF THE TOWN OF LANSING _Rule No. 1 - Application for Building Permit a) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, improvement, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done without first obtaining a separate building permit from the code enforcement officer for each such building or structure except that no building permit shall be required for the performance of ordinary repairs which are not structual in nature. Following is a list of some of the items for which a building permit is required. 1) The construction, moving or demolition of any structure in excess of 100 SF in plan dimension. 2) The establishment or installation of a site for a mobile home or other factory- manufactured or modular construction. This shall include replacement mobile homes on existing sites except for those in established mobile home parks. 3) Any addition to an existing structure (except a porch or deck* whether or not it is enclosed or has a roof). 4) Any remodeling which constitutes or is undertaken to accommodate a change of occupancy. 5) Any remodeling which establishes new vertical openings in the interior of the structure. 6) Revisions to the plumbing system of any structure (except agricul- tural buildings). 7) Revisions to the electrical system of any structure (except agricul- tural buildings) but specifically including conversion to or addition of electric heating. - 8) A swimming pool except one of such construction that it can be easily dismantled and moved. 9) A fence or other border demarkation (such as hedges or trees) which is or has the potential of becoming more than six feet in height. 10) The establishment or undertaking of the following land use activi- ties as defined in the Land Use Control Ordinance: Home Occupations 601.18 Transmission Facilities 601.45 Commercial Excavation 601.53 11) The installation or construction of any facility for the commercial handling or storage of flammable liquids or gases (residential and agricultural being specifically excluded). 12) The installation or construction of devices for alternate energy (windmills, solar panels, etc.) or for receiving radio signals (such as radio antennas or satellite receivers) which have a height in excess of 12 feet. 13) Any site grading which is undertaken in preparation for an activity which requires a building permit. * The reason for requiring a building permit for all additions is to assure that the required fire separations are maintained. It should also be under- stood that exempting porches and decks leaves some possibility that these may be constructed in such a way that they encroach on the required setbacks. (continued) U � 7t� Continued August 29, 1984 193 b) An application for a building permit shall be made to the code enforce- ment officer on forms provided by him and shall contain the following information: 1) Description of the land on which the proposed work is to be done; 2) A statement of the use or occupancy of all parts of the land in the proposed building and structure; 3) The valuation of the proposed work; 4) The full name and address of the owner and the applicant, the names and addresses of the responsible officers, if any of them are corporations, and the name and address of the owner's authorized agent, if any; 5) A brief description of the nature of the proposed work; 6) If the construction is to be in accordance with the Uniform Building Code, a statement that the application is made for permission to construct in accordance with the provisions of such code; 7) A statement of the applicant's consent to permit the code enforce- ment officer entry upon the premises in the manner prescribed in Rule No. 7; 8) Such other information as may reasonably be required by the code enforcement officer to establish compliance of the work with the requirements of the applicable provisions of the Uniform Building Code. c) The application shall be signed by the owner or his authorized agent. d) The application shall be made by the owner or by the agent, architect, engineer or builder employed in connection with the proposed work. e) Each application for a building permit shall be accompanied by plans and specifications including a plot plan showing the.location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed, the materials to be incorporated, the distance from lot lines and the relationship of structures on adjoining property. Rule No. 2 - Fees a) Upon the filing of an application for a building permit the following fees shall be payable: Less than $2,000 $ 5.00 Over $25000 but less than $10,000 10000 Over $10,000 but less than $20,000 20.00 Over $20,000 but less than $30,000 30.00 Over $30,000 but less than $40,000 40.00 Over $40,000 but less than $50,000 50.00 Over $50,000 but less than $100,000 100000 Over $100,000 but less than $200,000 200900 Over $200,000 but less than $500,000 300.00 There shall be no fee for any building less than 100 square feet in size. Any building over $500,000 shall pay a building permit charge based on $25.00 per hour of time devoted by the code enforcement officer. All fees shall be reviewed yearly during the month of January by the code enforcement officer and the Town Board. Rule No 3 - Issuance of Building Permit or Disapproval of Application a) The,code enforcement officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed • therewith. He shall approve or disapprove the application within 60 days from date of submission of the application. b) Upon approval of the application and upon receipt of the legal fee, the code enforcement officer shall issue a building permit to the applicant upon the form prescribed by the code enforcement officer and.shall affix his 'signature or cause his signature to be affixed thereto. c) If the application, together with the plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the code, the code enforcement officer shall disapprove the same and shall return the plans and specifications to the applicant. Upon request of the applicant the code enforcement officer shall cause such refusal together with the reasons therefore to be transmitted to the applicant in writing. Rule No. 4 - Performance of Work Under Building Hermit a) A building permit shall be effective to authorize the commencement of the work for a period of six months after date of its issuance. For good cause the code enforcement officer may allow a maximum of two extensions for periods not exceeding three months each. All work shall conform to the approved applica- tion, plans and specifications in accordance with the code. (continued) Continued August 29, 1984 194 b) Building permits shall be prominently displayed on the job site at all times during the progress of the work so as to be readily seen from adjacent tho- roughfares. Rule No. .5 - Revocation of Building Permit a) The code enforcement officer.may revoke a building permit heretofore issue in the following instances: 1) Where he finds there has been any false statement or misrepresentation as to a material fact in the application, plans and specifications on which the building permit was issued. mit 2) Where he finds that the building per /was issued in error and should not have been issued in accordance with the applicable law. 3) Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifi- cations. 4) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the code enforcement officer. Rule no. 6 - Stop Orders a) Whenever the code enforcement officer has reason to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable code or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent to suspend all work and any such person shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the condi- tions under which the work may be resumed and may be served upon the person to whom it is directed either by delivering it personally to him or by posting the same upon the conspicuous portion of the building where the work is being per- formed and sending a copy of the same to him by certified mail at the address set forth in the application for permission for the construction of such building. Rule No. 7 - Right of Entry a) The code enforcement officer, upon the showing of proper credentials and in the discharge of his duties, shall be permitted to enter upon any building, structure or premises without interference during reasonable working hours. Rule No 8 - Certificate of Occupancy a) No building hereafter erected shall be used or occupied, in whole or in part, until a certificate of occupancy shall have been issued by the code enforce- ment officer. b) No building hereafter enlarged, extended or altered or upon which work has been performed, which required the issuance of a building permit, shall be occupied or used for more than 30 days after completion of the alteration or work unless a certificate of occupancy shall have been issued by the code enforcement officer. c) No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the code enforcement officer. d) The owner or his agent shall make application for the certificate of occupancy. Accompanying this application, before the issuance of a certificate of occupancy, there shall be filed with the code enforcement officer a statement that the structure has been erected in accordance with approved plans, and, as erected, complies with the code. Rule No. 9.- Inspections and Records a) Before issuing a certificate of occupancy the code enforcement officer shall examine the building, the structures and sites for which an application has been filed for a building permit to construct, enlarge, alter., repair or change the nature of occupancy. He may conduct such inspection as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained, in the Building Department, a record of all such examinations and inspections together with a record of findings. $ Rule No 10 - Issuance of the Certificate of Occupancy a) When, after final inspection, it is found that the proposed work has been completed in accordance with the code, plans and specifications, the code enforce- ment officer shall issue a certificate of occupancy on the form provided by him. If it is found that the proposed work has not been properly completed, the code enforcement officer shall not issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable regulations. (continued) 1 ,I. Ei, is Continued August 29, 1984 195 b) A certificate of occupancy shall be issued where appropriate within 30 days after a written application is made. c) The certificate of occupancy shall certify that the work has been completed and the proposed use and occupancy is in conformity with the provisions of the applicable building laws. Rule No. 11 - Temporary Certificate of Occupancy a) Upon request the code enforcement officer may issue a temporary certi- ficate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shal-1 have been completed provided that such portion or portions as had been completed may be occupied safely without endangering the life, public health or welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For a good cause the code enforcement officer may allow a maximum of two extensions for periods not exceeding three months each. NOTICE OF PUBLIC HEARING' PLEASE TAK E NOTICE that the Town Board of. the Town of Lans- ing will hold a Public Hearing at the Lansing Town Hall, Lansing, New York at 8:00 P.M. on Wednes- . day, August 29, 1984 on a Proposed Local Law p2 for the year 1984 , which Local Law will repeal Local' Law al of 1982entitled "TOWN OF LANSING FIRE PREVENTION CODE." By Order of the Lansing Town Board Jane Bush Horky, Town Clerk August 21, 1984 — tJOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the ' Town Board of the Town of Lans- ing, will hold a Public Hearing at the Lansing Town Hall, Lansing, New York at 8:05 P.M. on Wednes- day, August 29, 1984 on Proposed Local Law d3 for the year 1984 for ADMINISTRATION AND EN- FORCEMENT OF THE UNI- FORM FIRE PREVENTION AND BUILDING CODE. By Order of the Lansing Town Board Jane Bush Horky, Town Clerk August 21, 1984 PLEASE TAKE NOTICE that the following Rules and Regu- lations for Promulgation by the Code Enforcement Officer with the consent of the Town Board of I the Town of Lansing were adopted by Resolution at a meeting of the Town Board of the Town of Lans- ing held on August 29, 1984. Said Rules and 'Regulations effective I thirty days from date of publica- tion. RULES AND REGULATIONS; FOR PROMULGATION ' BY THE CODE ENFORCE- MENT OFFICER WITH THE CONSENT OF THE TOWN BOARDOF THE' TOWN OF LANSING - Rule No. 1 - Application- for Building permit a) No person, firm or corpo- ration shall commence the erec- tion, construction, enlargement,' alteration, improvement, con -' i version or change in the nature of the occupancy of any building or structure, or cause the same to be done without first obtaining a separate building permitfrom the code enforcement officer for each I such building or structure except that no building permit shall be required for the perfornance of ordinary repairs which are not structural in nature. Following is a list of some of the items for which a building permit is required: 1) The construction, moving or demolition of any structure in, excess of 100 SF in plan, dimension., 2) The establishment or in -! 'stallation of a site fora mobile" home or other factory- manufac -, Lured or modular construction. This shall include replacement mobile homes on existing sites except for those in established' mobile home parks. i 3) Any addition to an existing structure (except a porch or deck' whether or not it is enclosed or has a roof). 4) Any remodeling which con- stitutes or is undertaken to ac- commodate a change of occupan- cy. I 5) Any remodeling which estab- lishes new vertical openings in the interior of the structure. i 6)Revisions to the plumbing system of any structure (except agricultural buildings). 7) Revisions to the electrical' system of any structure (except agricultural buildings) butspecif -I ically including - conversion to or addition of electrical heating. 8) A swimming pool except one of such construction that it can be I easily dismantled and moved. 9) A fence or other border de -I �Imarkation (such as hedges on trees) which is or has the potential I of becoming more than six feet in 1 height. 10) The establishment or under - Itaking of the following land use "activities as defined in the Land I, Use Control Ordinance: Home Occupations 601.18 1 Transmission Facilities 601.45 Commercial Excavetion 601.53 I (__11) The installation or consfrucJ On motion, meeting adjourned 9:00 P.M. tion 6f any facillty foF fhe com- i mercial handling or storage of flammable liquids or gases (resi- dential and agricultural ,being specifically excluded). 12) The installation or construc- tion of devices for alternate energy (windmills, solar panels, etc.) or for receiving radio signals (such as radio antennas or satel- lite receivers which have a height in excess of 12 feet. 13) Any site grading which, is undertaken in preparation for an activity which requires a building permit. a) The reason for requiring a building permit for all additions is to assure that the required fire separations are maintained. If should also be understood that exempting porches and decks j leaves some possibility that these 1{ may be constructed in such a way that they encroach on the re- quired setbacks. b) An application for a building permit shall be made to the code enforcement officer on forms pro- _ vided by him and shall contain the following information: 1) Description of th land on which the proposed work is to -be done; 2) A statement of the use or occupancy of all parts'of the land in the proposed building and structure; 3) The valuation of the proposed work; 4) The full name and addresses - of the responsible officers, if any I of them are corporations, and the name and address of the owner's I authorized agent, if any; 5) A brief descritpion of the nature of the proposed work; 6) If the construction is to be in I ' accordance with the Uniform Building Code, a statement that the application is made for per- mission to construct in ac- cordance with the provisions of such code; 7) A statement of the applicant's consent to permit the code enforcement officer entry upon the premises in the manner prescribed in Rule No. 7; 8) Such other information as may reasonably be required by the code enforcement officer:to "i establish compliance of the work with the requirements of the ap- plicable provisions of the Uniform Building Code: c) The application shall be signed by the owner or his author- ized agent: d) The application shall be made by the owner or by the agent, architect, engineer or builder employed in' connection , with the proposed work. e) Each application for a build- ing permit shall be accompanied by plans and specifications in- cluding a plot plan showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed, the materials to on incorporated, the distance from lot lines and the relationship of structures on adjoining property., Rule No. 2 - Fees a) Upon the filing of an applica- tion for a building permit the following fees shall be payable: Less than 52,000 -55.00 Over 52,000 but less than 510,000— ' 10.00 Over $10,000 but less than S20,000 i —20.00 ' Over 520,000 but less than 530,000 j =30.00 Over 530,000 but less than $40,000 —40.00 Over 540,000 but less than $50,000 —50.00 Over $50,000 but less than $100,000 — 100.00 Over 5100,000 but less than $200,000- 200.00 Over 5200,000 but less than I 5500,000- 500.00 I There shall be no fee for any l building less than 100 square feet in size. Any building over $500,000 shall pay a building Permit l charge based on $25.00 per hour of time devoted by the code enforce- ment officer. All fees shall bel reviewed yearly during the month j of January by the code enforce - ment officer_and the Town- Boa(d.j =Ru)e No. 3—lssance of Build - ing Permit or Disapproval of Ap- plication. a) The code enforccement of- ficer shall examine or cause to be examined all applications for per- mits and the plans, specifications and documents filed therewith. He shall approve or disapprove, the application within 60 days . from the date of submission of the application. b) Upon approval of the applica- tion and upon receipt of the legal fee, the code enforcement- oficer shall issue abuilding permit to the applicant upon the form pre- scribed by the code enforcement officer and Thal affix his signature or cause his signature to be affix- ed thereto. c) If the applicaion, together with the plans, specification and ner documents filed therewith, 'describes proposed work which does not conform to all of the requirements of the code, the code ,enforcement officer shall disap- prove the same and shall return the plans and specifications to the ;applicant. Upon request of the ,applicant the code enforcement officer shall cause such refusal together with the reasons there- fore to be transmited to the appli- cant in writing. Rule ,No. 4— Performance of Work Under Building Permit. a) A building permit shall be effective to- authorize ,the com- mencement of the work for a of period iitsiss issuance. For good ecause th code enforcement officer may at- low a maximum of two extensions for periods not exceeding three months each, All work shall con- form to the approved application, I plans and specifications in ac- cordance with the code. b) Building permits shall be prominently displayed on the lob site at all times during the progress of the work so as to be readily seen from adjacent thor- oughfares. Rule No. 5— Revocation of Building Permit a)The code enforcement officer may revoke a building permit heretofore issue in the following instances: 1) Where he finds there has been any false statement or mis- i representation as to a material fact in the application, plans and specifications on which the build- l ing permit was issued. I 2) Where he finds that the build- ing permit was issued in error and .should not have been ,issued in accordance with the applicable law: ' 3) Where he finds that the work performed under the permit is not being prosecuted in accordance with the•provisions of the applica- tion, plans or specifications. 4) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the code enforcement officer. Rule No. 6 - Stop Orders a) Whenever the code enforce- ment officer has reason to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable code or not in con- formity with the provisions of an application, plans or specif- ications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property'or the owner's agent to suspend all work and any such pereon shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon the person to whom it is directed either by dellVer ing it personally to him or by posting the same upon the conspicuous portion of the build - ling where the work is being per- formed and sending a copy of the same to him by certified mail at the address set forth in the ap- Iplication for permission for th r-nnstr.uction of such_building. Rule No. 7 —Right Of a) a) The code enforcement of- ficer, upon the showing of proper credentials and in the discharge of his duties, shall be permitted to enter upon any building, structure or premises without interference 1 during reasonable working hours. Rule No. 8— Certificate of Oc- cupancy a) No building hereafter erected shall be used or occupied, I in whole or in part, until a t certificate of occupancy shall l have been issued by the code enforcement oficer. b) No building hereafter enlarged, extended or altered'or upon which work has been Per- formed, which requires the is- l nuance of a building permit, shall i qbe occupied or used for more than 30 days after completion of the alteration or work unless a certificate of occupancy shall have been issued by the code ,enforcement officer. c) No change shall be made in Mhe nature of the occupancy of an iexisting building unless a certificate of occupancy author- izing such change shall have been issued by the code enforcement (officer. d) The owner or his agent shall "make application for the certificate of occupancy. ACCom- pariying this application, before I the issuance of a certificate of j %occupancy, there shall be filed ' •with the code enforcement officer a statement that the structure has been erected in accordance with approved plans and, as erected, ,complies with the code. Rule No. 9 - Inspections & Re- I ,cords ! a) Before issuing a certificate of occupancy the code enforcement iofficer shall examine the build - ing, the structures and sites for j ;which an application has been I filed for a building permit to construct, enlarge, alter, repair or change the nature of occupan- cy. He may conduct such inspec- tion as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained, in the i Building Department, a record of all such examinations and inspec- tions together with a record of findings. Rule No. 10— Issuance of the Certificate of Occupancy i a) When, after final inspection, it is found that the proposed work I has been completed in ac- cordance with the code, plans and specifications, the code enforce- i ment officer shall issue a I certificate of occupancy on the form provided by him. If it is found that the proposed work has not been properly completed, the code enforcement off icer shall not issue a certificate of occupancy I i and shall order the work com- I pleted in conformity with the I ' building permit and in conformity 1 :with the applicable regulations. b) A certificate of occupancy j shall be issued where appropriate within 30 days after a written application is made. c) The certificate of occupancy shall certify that the work has been completed and the proposed use and occupancy is in conformi- ty with the provisions of the ap- Ir plicable building laws. Rule No. 11— Temporary Certificate of Occupancy a) Upon request the code en- forcement officer may issue a temporary certificate of occupan- cy for a building or structure or part thereof before the entire ! j work covered by the building per - mit shall have been completed provided that such portion or por- tions as had been completed may be occupied safely without en- dangering the life, public health or welfare. A temporary certificate of occupancy shall re- main effective for a period not exceeding three months from its I dateof issuance. For a good cause the code enforcement officer may allow a maximun of two ex- tensionsforperiodsnotexceeding. three months each. i By order of Gary L. Wood, Town of Lansing Code', Enforcement Officer and the e Town Board _J1 of the Town of Lansing. `September 8, 1984