HomeMy WebLinkAboutSection 10 SECTION
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Town of Newfield, Tompkins County, New York.
1 Local Law No. 1 of the year 1982 .
A local law to adopt a fire code and administrative procedures
therefore for the Town of Newfield, Tompkins County, New York.
Be it enacted by the Town Board of the Town of Newfield, as
follows :
ARTICLE I GENERAL PROVISIONS
Sec . 101 TITLE
This Local Law shall be known and may be cited as the
Town of Newfield Fire Prevention Code, hereinafter referred to
as this Code or the Code.
Sec. 102 PURPOSE
The purpose of this Code is to establish reasonable rules
?nd regulations to safeguard life and property within the Town
of Newfield from the hazards of fire, explosion, o r release of
toxic gases arising from the storage, handling, or use of hazard-
ous substances, materials or devices.
Sec. 103 APPLICABILITY
This Code shall apply to:
a. Property
b. Materials;
c. Fire Safety Practice, and
d. Administration
Sec. 104 MAINTENANCE
Property and materials subject to this Code shall be main-
tained in a safe condition , in conformity with the provisions
of this Code.
Sec. 105 DANGEROUS OR UNSAFE BUILDINGS OR STRU 2URES
a. A building or structure which is in imminent danger
to life and safety as a result of a fire or explosion shall be
made safe and secure or demolished and removed by the owner
thereof.
b. The occupants of any such building or structure shall
vacate the premises forthwith. No person shall use or occupy
such building or structure until it is made safe and secure.
c. Except for the owner, no person shall enter premises
which have .been ordered vacated unless authorized to perform
inspection, repairs or to demolish and remove such building
or structure.
Sec. 106 VACANT BUILDINGS OR STRUCTURES
A building or structure which has been unattended and
unoccupied for a period of sixty days shall be guarded contin-
uously or shall be made secure from unauthorized entry or use ,
or shall be demolished.
Sear. 107 GENERALLY ACCEPTED STANDARDS
The applicable provisions of the generally accepted standard •
listed in Part 5. (1154) shall constitute the standards for safe
or appropriate practice which is required by the provisions of
this Code to which they are referenced.
Sec. 108 CONSISTENCY WITH OTHER LOCAL LAWS
In the event the provisions of this code and administration
are inconsistent with any other local laws or ordinances, the
provisions of this code and administration shall supercede any
other existing local laws or ordinances pertaining to buildings ,
structures or conditions to which it is applicable.
Sec. 109 SEVERABILITY
If a term, part, provision, section, subdivision, or para-
graph of this Code shall be adjudged unconstitutional , invalid
or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of
the terms, parts, provisions, sections, subdivisions , or para-
graphs.
Sec. 110 EFFECTIVE DATE
This Code shall take effect immediately upon its filing
in the office of the Secretary of State in accordance with the
provisions of Section 27 of the Municipal Home Rule Law.
Sec . 111 DEFINITIONS
a) appropriate . Especially suitable or compatible under
conditions c use.
b) building. A structure wholly or partially enclosed
within exterior walls, or within exterior and party
walls, and a roof, affording shelter to persons , animals
or property. See definition of structure.
c) Combustible. Material or combination of materials
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which is not noncombustible. See definition of non-
coxtbustible.
d) Corridor. Passageway or hallway which provides a common
way of travel to an exit or to another passageway
leading to an exit.
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e) Exit. That portion of the way of departure from the
interior of a building or structure to the exterior at
street, or grade level accessible to a street, consist-
ing of:
a. Corridors, stairways and lobbies enclosed in con-
struction having a fire-resistance rating, includin';
the door opening thereto from a habitable, public
or occupied space; or
b. an interior stairway; or
c. a horizontal exit; or
d. a door to the exterior at grade; or
e. an exterior stairway, or ramp.
f) fire alarm system. an installation of equipment for
sounding a fire alarm.
g) fire load. The combustible contents within a building
during normal use.
h) fire protection equipment. Apparatus , assemblies or
systems either portable or fixed, for use to prevent,
detect, control or extinguish fire .
i) Fire- and smoke-detecting system. An installation of
equipment which automatically actuates a fire alarm
when the detecting element is exposed to fire, smoke
or abnormal rise in temperature .
j) Flammable. Capable of igniting within 5 seconds when
exposed to flame, and continuing to burn.
k) generally accepted standard. A specification, code,
rule, guide or procedcure in the field of fire preven-
tion or related thereto, recognized and accepted as
authoritative.
1) means of egress . An exit.
m) noncombustible. Material or combination of materials
which will not ignite, support combustion, or liberate
flammable gas when subjected to fire when tested in
accordance with generally accepted standards .
n) premises. A lot, plot, or parcel of land including the
building or structures thereon.
o) Shaft. A vertical opening or enclosed space extending
through two or more floors of a building or through a
floor and a roof.
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p) smoke-detectors . Devices which are activated by smoke
or products of combustion.
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q) sprinkler system. A system of piping and appurtenences
designed and installed so - that heat from a fire will
automatically cause water to be discharged over the fire
area to extinguish it or prevent its further spread.
r) standpipe system. An installation of piping and appur-
tenances, whereby all parts of a building can be quickly
reached with an effective stream of water.
s) structure . An assembly of materials forming a construc-
tion framed of component structural parts for occupancy
or use including buildings .
t) volative . Capable of emitting flammable vapor at a
temperature below 75° Fahrenheit (23 . 9° Celsius) .
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ARTICLE II PROPERTY
Sec . 201 PROPERTY CLASSIFICATION
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a. The provisions of this section shall establish and con-
trol the classification of property with respect to use , includ-
ing mixed occupancy.
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b. Property to which this Code is applicable shall be class-
ified with respect to occupancy or use. The classification shall
be in accordance with the following groups :
Group Al - PREMISES OF ONE AND TWO FAMILY DWELLINGS
Group A2 - PREMISES OF MOBILE HOMES AND PARKS
Group A3 - PREMISES OF RECREATIONAL VEHICLES AND PARKS
Group B1 - MULTIPLE DWELLINGS
Buildings containing one or two dwelling units with
more than four lodgers residing with a family in either
one of such dwelling units;
Buildings containing three or more dwelling units;
Apartment houses and apartment hotels;
Hotels;
Lodging houses;
Buildincs with sleeping accomodations for more than
five persons used or occupied as a club, dormitory,
fraternity or sorority house, or for similar uses;
Garden apartments;
Motels .
Group Cl - BUSINESS
Buildings in which the primary or intended occupancy
or use is the transaction of administrative, business, civic
or professional service.
This group includes but is not limited to the following:
Administration buildings
Banks
Clinics
Libraries
Offices and office buildings
Professional buildings
Group C2 - MERCANTILE
Buildings in which the primary or intended occupancy
or use is the display and sale of publ.ic goods , wares ,
and merchandise.
This group includes but is not limited to the following:
Display rooms Markets and supermarkets
Sales rooms and show rooms Stores and shops
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Group C3A - INDUSTRIAL
Buildings which may be frequented by the public in
which the primary or intended occupancy or use is repairing,
cleaning, laundering, baking and similar operations .
This group includes but is not limited to the following
Bakeries
Dry cleaning plants
Laundries
Motor Vehicle repair shops
Motor Vehicle service stations
Group C3B - INDUSTRIAL
Buildings in which hazardous materials are manufactured
processed, stored, handled or used.
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Such material shall include products with the following
characteristics :
Burn with extreme rapidity;
Produce dust subject to explosion or spontaneous
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combusion;
Product poisonous fumes or gases; or
Explode
Group C4 - STORAGE
Buildings which may be frequented by the public in
which the primary or intended occupancy or use is the
storage of goods , merchandise, products and vehicles .
This group includes but is not limited to the following
Cold storage
Furniture warehouse
Lumber yards
Passenger vehicle and truck storage
Stables
Truck terminals
Group C5 - ASSEMBLY
Buildings in which the primary or intended occupancy
or use is the assembly for amusement, athletic, dining,
educational , entertainment, recreational , religious , social,
sports, and similar purposes .
This group includes but is not limited to the following:
Amusement parks
Assembly halls
Auditoriums t •
Churches, and similar places of worship
Club rooms
Dance halls '
Exhibition halls
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Group C5 - ASSEMBLY - Continued
Grandstands
Gymnasiums
� Lecture halls
Libraries
Lodge rooms
1 Museums
Recreation centers
Restaurants
Schools, colleges and similar places of education
Group C6 - INSTITUTIONAL
Buildings in which the primary or intended use is for
persons domiciled or detained under supervision, including
but not limited to child care institutions and centers.
Group C7 - MISCELLANEOUS
Property in which the primary or intended occupancy or
use is not included in the groups listed above.
This group includes but is not limited to the following
Free-standing chimneys
Junk yards
Outdoor general storage
Tanks
Temporary buildings
Tents and air-supported structures
Wrecking yards.
Sec. 202 MEANS OF EGRESS
Sec. 202. 1 General Requirements
.Property subject to the applicability of this Code shall
be provided with safe means of egress.
Sec. 202. 2 Obstructions
a. Exits shall be maintained to provide free and unob-
structed egress from all parts of the building or structure
when it is occupied. No barrier, lock or fastening to prevent
free escape from any building or structure shall be installed
1 except in institutions where supervisory personnel are constantly
on duty and effective provisions are made to remove occupants in
case of fire or other emergency.
b. Materials shall not be placed, stored, or kept in stair-
ways or corridors so as to obstruct or interfere with egress of
persons from the building or structure.
c. No aisle or passageway shall be obstracted as to reduce
its required width as an exit.
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ji Sec. 202 . 3 Exit Lighting and Exit Signs for other than Group A
Classification
I a. Interior and exterior exits shall be adequately lighted
i at all times when a building or structure is occupied.
b. Exit signs shall be maintained in a clean and legible
condition, unobstructed by decorations , furnishings or equipment
and illuminated 'at all times when the building or structure is
occupied.
c. Directional signs shall be provided at Iodations in the
public hall, passageway or corridor from which the exit doorway
is not readily discernable.
ISec. 202. 4 Openings in Fire Walls and Fire Separations
Doors and opening protectives in fire walls and fire sepa-
1 rations shall be maintained in good working order including all
hardware necessary for proper operation. Heat actuated self-
closing devices shall be prohibited for exit doors. The use of
door stops, wedges , or other nonautomatic hold-open devices is
prohibited for openings in fire walls and fire separations.
Sec. 202 . 5 Exterior Egress
a. Exterior stairways, balconies, fire escapes or ladders
shall .be free of obstructions.
b. Fire escapes shall be maintained free of rust. Exterior
stairways, fire escapes and access to open spaces shall be main-
tained free of ice and snow.
c. Portable ladders or window escape ladders shall not be
permitted for use as a required exterior means of egress.
Sec. .203 EQUIPMENT AND SYSTEMS
. Sec. 203. 1 General Requirements
a. Heating, electrical, ventilating, air conditioning, re-
frigerating, fire protection, elevators, escalators , or other
equipment and systems for use in structures and buildingsshall
1 be maintained so that under normal conditions of use such equip-
ment and systems will not be a potential danger to the safety of
occupants or a source of ignition.
• b. Equipment and systems shall he capable of performing
their functions satisfactorily without being forced to operate
beyond their safety capacity.
Sec. 203. 2 Heating systems
Sec. 203. 2-1 General Requirements
a. Heating equipment for buildings and structures shall
be maintained so as to be safe to persons and property.
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b. Use of any stove, oven, furnace, incinerator, boiler or
any other heat producing device or appliance found to be defec-
I tive or which creates an immediate fire hazard or imperils occu-
I pants shall be prohibited.
Sec. 203. 2-2 Prohibited locations for heat producing equipment.
a. Fuel-burning heat producing equipment shall not be lo-
cated in exits '
ii b. Heating. equipment burning solid or liquid fuel shall
not be located in spaces used as classrooms, dormitories or
places of -assembly.
Sec. 203.2-3 Air supply.
Spaces containing fuel-burning equipment shall be provided
! with air supply for combustion and for ventilation of the en-
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i closure.
Sec. 203. 2-4 Safety devices.
Safety devices on heat producing equipment and pressure
vessles shall not be rendered inoperable and shall be maintained
in safe operating condition.
Sec. 203.3 Chimneys , Flues and Gasvents
a. Chimneys, smokestacks, flues , gasvents , smoke pipes and
connectors shall be maintained so as not to create a fire hazard.
b. Masonry chimneys which are cracked and which permit
smoke or gases to be discharged into the building, shall be made
safe.
c. Metal chimney or vent connectors which leak or are im-
properly supported shall be repaired or replaced.
• d. An incinerator or a chimney which emits. sparks shall be
provided with a spark arrester of noncombustible construction.
Spark arresters shall have sufficient total -'_ear area to permit
unrestricted passage of flue gases. Openings in spark arresters
shall be of such size so as to prevent passage of embers and to
minimize clogging by soot.
Sec. 203. 4 Electrical Systems
a. Electrical wiring and equipment shall not be a fire
• hazard or a source of ignition for combustible or hazardous sub-
stances, materials or devices.
b. Electrical wiring and equipment shall be maintained so
as to be firmly secured to the surface on which it is mounted.
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Iitc. Overcurrent protection devices shall be maintained in
i safe operating condition, shall not be locked or fastened in the
!!I "On" position and shall be accessible.
d. Grounding of electrical wiring and equipment shall • be
maintained to provide protection against hazard.
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e. Wiring systems shall be a !emed to be a fire hazard under
the following conditions :
1. A switch or receptac .e face plate feel unusually
warm or there is a burniig odor in the immediate
vicinity; or
2. There is a flickering of lights which is not
traceable to appliances )r obvious external causes .
Sec. 203 . 50 Fire Protection Equip lent For Other Than Group A
Classification
Sec. 203.501. Portable Fire Extinguishers
a. Portable fire extinguishers shall be appropriate as to
type, size and location, shall be .n their designated location
and clearly visible, except that trey may be located in an
enclosure or recess conspicuously _.dentified as containing a
fire extinguisher. The number of ?ortable fire extinguishers
shall be appropriate to the size arid use of the particular
building.
b. Portable fire extinguishers shall be maintained in
1 operating condition.
Sec. 203. 502 Fire and Somke Detec ors
a. Fire detectors, and/or smoke detectors , and/or ioniza-
tion detectors shall be required w .erever appropriate, and type
and number appropriate to use and ize of building.
b. Fire detectors, smoke det ctors, ionization detectors
flame detectors and 'peat detectors shall be maintained in oper,-
ating condition.
Sec. 204 SPECIAL PROPERTY USES OR CONDITIONS
Sec. 204. 1 General Requirements
a. This section provides regulations for public safety
from the hazards of fire which may result from special property
uses or conditions.
. b. These regulations apply it additidn to other applicable
regulations of this Part.
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Sec. 204. 2 Places of Assembly
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a. The maximum number of occupants permitted within places
1 of assemply shall be established by the authority having juris-
diction and shall be conspicuously posted in each such space,
and shall not be exceeded.
b. No decorative materials excluding Christmas trees shall
be used which, as applied, will ignite and allow flame to spread
• over the surface or will allow burning particles to drop.
c. Screens for projection of pictures shall be of noncom-
bustible materials or materials treated to be fire resistant.
d. No apparatus in which combustible or flammable fluid
1 is used it the preparation of foods, refreshments or other
! materials shall be permitted in a lobby, foyer or auditorium
of a place of assembly.
1I Sec. 204.3 Abandoment or Removal of Underground Tanks
a. Underground tanks rendered out of service shall be
made safe by capping the fill line, gage opening and pump
suction, and securing against tampering.
b. Underground tanks abandoned in place shall be made
safe by removing flammable or combustible liquid from the tank
and connecting lines , disconnecting the suction, inlet, gage,
and vent lines , filling the tank completely with an inert, solid
material, and capping the remaining underground piping.
c. Underground tanks removed from their location shall be
made safe by removing flammable or combustible liquids from
the tank and connecting lines , disconnecting the suction, inlet,
gage, and vent lines, removing sections of connecting lines not
to be used further, and capping or plugging inlets , outlets,
and leaks, if any.
d. Underground tanks disposed of as junk shall be rendered
free of hazardous vapors.
e. Underground tanks which have been removed shall not be
reinstalled until the tank has been appropriately cleaned, re-
paired if necessary, tested, and made corrosion resistant.
Sec. 204. 4 Lumber Yards
a. Lumber shall be stored in piles which are neat, stable
and appropriately spaced.
b. Driveways between and around lumber piles shall be
wide enough to accomodate apparatus of fire department rendering
service and shall be maintained free from accumulation of
• I rubbish, equipment and other articles or materials.
Sec. 204 . 5 Tents and Air-Supported Structures
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a. Tents and air-supported structures including decorative
i materials shall be of flame resistive materials or materials
` treated to be fire resistant.
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b. Ooeratin_g pressure shall be maintained at the appro-
priate level to assure structural stability and to avoid ex-
cessive distortion during high wind or snow loads.
c. Doors shall not be left open under any condition dur-
ing high winds. Use of doors in air-supported structures shall
be controlled to avoid excessive air loss.
d. Hay, straw, shavings or similar combustible materials
shall be prohibited within any tent or air-supported structure.
used for assembly other than that necessary for the daily feed-
' and care of animals. Sawdust and shavings may be used for
(! a public performance or exhibit when kept damp. Combustible
materials shall not be permitted under stands or seats at any
time. The area within and adjacent to the ten : or air -supported
structure shall be maintained clear of flammable material or
1 vegetation which may constitute a fire hazard.
e. Open flame devices shall not be allowed inside or within
I 20 feet (6. 10 meters) of the tent or air-supported structure .
Sec. 204 . 6 Vehicle Wrecking Yards, Junk Yards, and Waste
I Material Handling Plants
a. Access for fire department equipment to yard areas , in-
cluding areas where stripped vehicle bodies are stored, shall be
unobstruci..ed.
b. Where permitted, burning of wrecked or discarded ve-
hicles or any parts thereof, or junk, or any waste materials
shall be performed in a safe manner.
c. In waste material picking rooms the exhaust systems for
removal of dust and lint shall be maintained in prover operating
condition.
d. Fuel tanks in junked vehicles shall be drained —
Sec. 204 . 7 General Outdoor Storage
a. Access to all portions of the storage area by fire
• i' department equipment shall be unobstructed.
b. It shall be prohibited to use salamanders , braisers,
portable heaters or open fires in the area pf stored combustible
material.
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ARTICLE III
Iq Sec. 301 PREVENTION OF FIRE SPREAD
a. This part is applicable to the prevention of fire spread
resulting from fire, explosion or release of toxic gases arising
I from the storage, handling or use of combustible or hazardous
substances , materials or devices , to provide for public safety
and the protection of property therein and there-about.
b. Such material includes products with the following
Icharacteristics :
Burn with extreme rapidity ;
Produce dust subject to explosion or spontaneous
combustion;
Produce poisonous fumes or gases; or
Explode.
Sec. 302 HAZARDOUS CHEMICALS
Sec. 302 . 1 General Requirements
a. This section shall apply to corrosive liquids, flammable
solids (such as white phosphorus, metallic sodium and potassium,
and zirconium power) highly toxic material , and unstable
chemicals (such as nitromethane and ammonium nitrate) .
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iib. Chemicals that in combination with other substances may
i cause a fire or explosion or may liberate a flammable or poison-
ous gas shall be separately stored in a safe manner.
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c. Defective containers which permit leakage or spillage
shall be prohibited. No spilled materials shall be allowed to
accumulate on floors or shelves .
d. Containers or packages for retail trade shall be stored
neatly and orderly, and shelves shall be of substantial construc-
tion.
Sec. 302. 2 Corrosive Liquids
a. Corrosive liquids shall include liquids that cause
destruction of human skin tissue, or have a severe corrosive
rate on steel or aluminum.
b. Provisions for containing and neutralizing or safely
• flushing away leakage of corrosive liquids which may occur dur-
ing storage, handling or use shall be maintained in safe operating
condition.
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Sec. 302 . 3 Flammable Solids
Flammable solids shall include any solid material, other
I than an explosive, which is liable to cause fires through fric-
tion, absorption of moisture, spontaneous chemical changes ,
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. retained heat from manufacturing or processing, or which can
be ignited readily and when ignited burns so vigorously and
persistently as to create a serious hazard.
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b. Flammable solids shall be stored, handled and used in
I a manner which will minimize fire hazard. For requirements of
storage, handling and use of combustible metals .
Sec. 302. 4 Highly Toxic Materials
{ a. Drainage facilities and natural or mechanical ventila-
tion for rooms in which highly toxic materials are stored, handle%
or used shall be maintained in safe operating condition.
b. Legible , clearly visible warning signs and placards
stating the nature and location of the toxic materials shall be
posted at entrances to areas where such materials are stored,
handled or used.
Sec. 302. 5 Oxiding Materials
a. Oxidizing materials shall include a substance that
yields oxygen readily to stimulate the combustion of organic
matter.
b. Packaged oxidizing materials shall be stored in dry
locations and separated from stored organic and other combustible
materials.
c. Bulk oxidizing materials shall not be stored on or
against wooden surface.
1 Sec. 302. 6 Poisonous Gases
a. Poisonous gases shall include gases of such nature that
{ a very small amount of the gas mixed with air is dangerous to
life.
b. Storage of poisonous gases shall be in rooms having
natural or mechanical ventilation adequate to -remove leaking gas .
Such ventilation shall not discharge to a point where the gases
may be a hazard.
c. Legible , clearly visible warning signs stating the na-
ture of hazard shall be placed at entrances to locations where
poisonous gases are stored or used.
• Sec. 302. 7 Radioactive Materials
a. Radioactive materials shall include any material, or
combination of materials that spontaneously emits ionizing ra-
diation, and having a specific activity greater than 0 . 002
microcuries per gram.
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b. Legible , clearly visible signs warning of radiation
dangers shall be places at entrances to areas or rooms where
radioactive materials are used or stored. In addition, each
contair.er in which radioactive materials are u!=ed or stored shall ?
bear a radiation symbol.
c. When not in use radioactive materials shall be kept in
adequately shielded fire-resistant containers of such design that
t radiation will not exceed two hundred milliroentgens
he gamma rad_._tor_ v,�_'._
per hour or equivalent at any point or readily accessible surface
Sec. 302 . 8 Unstable Chemicals
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a. Unstable chemicals shall be stored in appropriate con-
;! tainers so as to minimize breakage, leakage, or rupture of con-
'} tainers upon exposure to heat or water which may result in fire
explosion or other dangerous reaction.
b. Unstable chemicals shall not be stored in basements or
below ground level.
c. Open lights or flames and smoking shall be prohibited
in or near storage areas.
d. Unstable chemicals shall be kept away from heat-produc-
ing appliances and electrical devices and shall be protected
from external heat.
e. Electric bulbs shall be equipped with guards to prevent
jl breakage.
f. Internal combusion motor vehicles or lift trucks shall
parked compartment where such be
not or stored in the room or com
P p
chemicals are located.
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ARTICLE IV FIRE SAFETY PRACTICE
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• Sec. 401 GENERAL
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Fire safety practice shall be observed as set forth in this
Part to insure that property and materials sh.:::11 be maintained
in a manner which will provide the public with safeguards from
1 the hazards of fire, explosion or the release of toxic gases .
Sec. 402 FIRE SAFETY SAFEGUARDS
Sec. 402 . 1 General Precautions
Precautions shall be taken to protect property and premises
against the starting and spreading of fires. It is prohibited
q to:
a. Deliberately set a fire, or knowingly permit a fire to
it
start or spread, which endangers the safety of persons or prop-
!!` erty.
b. Discard, throw, or place flaming or glowing objects ,
such as matches , cigars and cigarettes , or other flaming or
glowing substances where such substances or things may ignite
j combustible or explosive materials.
c. Dispose of hot or smoldering materials, including hot
ashes or cinders, er smoldering coals, in other than noncombus-
ti tible receptacles . Such receptacles , unless resting on a non-
combustible floor or on the ground in an exterior open area,
shall be placed on noncombustible stands , at least two feet (0. 61 .
meter) laterally away from combustible materials, structures , and
li exterior openings of buildings.
d. Use or operate any internal combustion equipment or
flame producing device unless suitable measures are taken to
ensure ac*ainst icinit.ion or combustibles.
Sec. 402 . 20 Exterior Protection
Sec: 402 . 21 Combustible Waste and Refuse
Quantities of combustible waste and refuse
which by reason of their proximity to buildings or structures
would constitute a fire hazard or contribute to the spread of
fire, shall be removed.
• !i Sec. 402. 22 Obstructions
It is prohibited to:
a. Maintain on roofs and fire escapes materials or objects
which obstruct egress or fire department access .
b. Attach or fasten ropes , wires, cables , or similar de-
vices, except standard equipment therefor, to fire escapes.
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� c. Place or to permit objects or materials to obscure or
I, obstruct the use of fire hydrants and fire department connec{-i ons
Sec. 402. 23 Outdocr Fires
Outdoor fires shall be attended at all times with appro-
priate fire extinau_shin. equipment readily available nearby .
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ii Sec. 402 . 24 Waste Disposal Sites
i; a. Transporting burning waste or refuse is prohibited.
b. Vehicles or conveyances used to transport combustible
waste or refuse over public thoroughfares shall have all cargo
space covered and maintained sufficiently tight to ensure
against ignition from external fire sources.
c. Burning debris shall not be dumped at a waste disposal
site.
Sec. 402. 3 Interior Protection
Sec. 402 . 31 Combustible Waste and Refuse
Ia. Except for one- and two-family dwellings and buildings
used in farm operations , premises shall provide specifically
jI designated rooms, areas or containers , in or on the premises,
id for the temporary storage of combustible waste or refuse.
b. Combustible waste and refuse shall be stored in:
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I', 1) Containers constructed of noncombustible materials,
it equipped with tight fitting covers; or
2) Bins constructed of noncombustible materials ,
it equipped with self-closing covers, or covers that
'! close automatically in case of fire inside the
- bin; or
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' 3) Rooms designed for such storage; or
4) Isolated areas outside buildings, suitable for such
storage.
!! c. Combustible waste and refuse shall be properly stored
or disposed of to prevent unsafe accumulation.
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Sec. 402 . 32 Combustible Decorations
�. In spaces of Group C5 occupancy classification, and tents
j and air-supported structures , it is prohibited to install , main-
tain or use materials such as vegetation, bunting, cotton
batting, plastic cloth, textile , excelsior, paper or other com-
€1 bustible materials for decorative purposes, ( unless such material
have been made flame-resistant.
Sec. 402 . 33 Cleaning Compounds for Other Than Group A
Classification
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Only water solutions , detergents, or noncombustible floor
sweecing compounds and crease absorbants shall be used for
cleaning floors .
Sec. 402 . 34 Portable Heaters for Other Than Group A •
Classification
a. Portable heaters shall be appropriately located with
respect to combustible materials, and maintained in proper op-
1 e rating condition.
b. Portable electric heaters shall be equipped with auto-
matic shut-off devices for safety purposes in the event of tip-
over.
Sec. 403 FIRE SAFETY EQUIPMENT
Fire safety equipment, including fire extinguishing, fire
ii warning, and standpipe systems, shall be maintained operable at
ii all time and under all weather conditions except during repairs.
1 The fire department shall be notified whenever such equipment
is out of service.
Sec. 404 FIRE SAFETY SIGNS AND INSTRUCTION
!
a. Fire safety signs include, among others : Occupancy
1 signs, limiting the maximum number of occupants permitted in
public areas; no smoking signs , prohibiting smoking in areas
where conditions exist which make smoking a fire hazard; danger
signs , alerting persons to areas where special danger of fire
. ; or explosion exists; and elevator warning signs instructing_
•! occupants to use exit stairs in case of fire,
1
b. Fire safety signs shall be posted on premises as
specified in paragraph (a) of this action.
c. Posted fire safety signs shall be complied with.
d. No posted fire safety sign shall be removed, defaced,
1i or destroyed except for replacement purposes , or when the con-
dition which the sign was intended to identify is no longer
pr sent, or when the information conveyed by the sign is no
Ei longer necessary.
e. Hotels , motels , and similar transient occupancies shall
have a printed copy of fire safety instructions , instructing
occupants of t to be taken in the event of fire, conspicu-
ously o:_ s _ s ^ �' P
yi posted in each occupancy unit and at other designated
locations .
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II 1
ARTICLE V ADMINISTRATION
! Sec. 501 APPLICABILITY
This Article shall provide the basic method for adminis-
!l tration and enforcement of the Town of Newfield Fire Preventation
Code, and shall establish powers, duties and responsibilities
in connection threw`_th,1
! Sec. 502 ADMINISTRATION
1 The Fire Inspector is hereby designated to administer
! and enforce the Town of Newfield Fire Prevention Code.
i' Sec. 503 . RULES AND REGULATIONS
The Town Board may adopt rules and regulations for the
I P.dministration and enforcement of the Town of Newfield Fire
Prevention Code and procedures for review and variances. Such
rules and regulations shall not conflict with the Town of New-
field Fire Prevention Code, this local law, or any other provi-
sion of law.
Sec. 503. 2 Publication
11 The Town Board shall publish all rules and regulations
at least 30 days prior to the effective date thereof in a news-
(, paper of general circulation within the Town of Newfiela.
Sec. 504 PERMITS
�
Sec. 504 . 1 Application
Application for permits shall be made upon forms approved
i by the Town Board.
1 Sec. 504 . 2 Description of Permits
r Upon payment of fee as prescribed in the schedule of fees
adopted by the Town Board, permits shall be iss_, by and bear
the name and signature of the Fire Inspector arc. hall specify: 1
Activity or operation for which permit is issued.
iAddress or location where activity or operation is to be
conducted.
Name and address of permittee .
1! Permit number and date of issuance.
Period of permit validity.
Sec. 504 . 3 Nontransferrable
iI
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L _
. :1
ii
Permits shall not be transferable and any change in activity
operation, location, ownership, or use shall require a new •• 1
permit.
!
Sec. 504 . 4 Duration - '
Permits shall continue until revoked, or for a period of
time desian.ated at the time of issuance. An extention of the
permit time period may be granted provided a satisfactory reason
can be shown for failure to start or complete the work or ac-
tivity authorized within the required time period.
Sec. 504 . 5 Locations Requiring Permits
i'
! Permits shall be obtained for the following :
■! a. Automobile Wrecking Yards : To operate an automobile
wrecking yard.
II b. Cellulose Nitrate Plastics (Pyrozylin) :
0i
1) To store, keep or have on hand more than 25 pounds
ll of Cellulose nitrate plastics (pyrozylin) .
i� 2) To manufacture articles of cellulose nitrate plastics
� nitrate plastics (pyrozylin) in the manufactu.e or
assembling of other articles .
c. Combustible Materials: To store combustible materials
including but not limited to empty combustible packing cases,
I boxes , barrels, or similar containers , rubber tires , baled
cotton, rubber, cork, or other similar materials in excess of
2 , 50Q cubic feet
gross yol• me on any premises , excluding and ex-
;� cepting materials used in taming operations .
d. Hazardous Chemicals :
1) To store, handle, or use more than 55 aallons of
corrosive liquids, or more than 50 pounds of
• oxidizing materials, or more than 10 pounds of
j organic- peroxides, or more than 50 pounds of
li nitromethane, or 1, 000 pounds or more of ammonium
' nitrate, am• ,.ium nitrate fertilizers and fertilizer .�
mixtures con _:fining 60 percent or more ammonium or
any amount of toxic material or poisonous cas%-s ,
ii excluding storage or handling for farm use by
owner and any department of the Town of Newfield.
ij
2) To store, handle, or use any quantity of air-
. reactive, water reactive, or unstable materials .
I'
d. Junk Yards : To operate a junk yard.
e. Lumber Yards : To operate a lumberyard.
i++�
l! f. Places of Assembly: To maintain, operate, or use a
!j place of assembly.
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i! Sec . 504 . 6 Consolidated Permits
When more than one permit is required for the same property
or premises , a single perr. t may be issued listing all materials
or ooera.tions cove"ed. Revocation of a portion or portions of
such consolidated :er:^it, for specific hazardous materials or
operations, shall _:ot invalidate the remainder.
Sec. 504 . 7 LoCation of Permits
j� Permits may be suspended or revoked when it is determined
there is a violation of a condition under which the permit was
issued, or there has been misrepresentation or falsification of
material facts in connection with the permit application or a
i condition of the permit.
Sec. 504. 8 Permit Not Required For Farming Operations
Notwithstanding any provision to the contrary herein, no
permit shall be required for the conduct of farming operations
and the use and storage of material customarily used therein.
•
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Sec. 505 INSPECTIONS
Sec. 505 . 1 Fire Inspector to Inspect
The Fire Inspector shall periodically inspect all
buildings and premises to which the Town of Newfield Fire
Prevention Code applies for compliance with the provisions
1 of such code except that owner occupied one and two family
dwelling shall not be subject to regular periodic inspection,
provided, however, that this shall not be a limitation on
inspections conducted at the invitation of the owner or
where conditions on the premises threaten or present a
hazard to public health, safety or welfare. Such inspections
may be made at any reasonable time.
Sec. 505 . 2 Entrance for Inspection
If entrance to make an inspection is refusedor cannot be
obtained, the Fire Inspector may apply for a warrant to make an
inspection to o.ny Court of competent jurisdiction.
Sec. 506 VIOLATIONS
Sec. 506 . 1 Compliance
A person owning, operating, occuping or maintaining property
or premises within the scope of the Town of Newfield Fire Pre-
vention Code or this local law shall comply with all provisions
of this local law, and all orders
notices , rules , regulations or determinations issued in connec-
tion therewith.
Sec. 506 . 2 Violation Order
Whenever the Fire Inspector finds that there has been a
violation of the Town of Newfield Fire Prevention Code, this
local law, or any rule or regulation adopted pursuant to this
local law, a violation order shall be issued to the person or
persons responsible.
Sec. 506 . 3 Violation Orders to be in Writing
Violation orders shall be in writing, shall identify the
property or premises , shall specify the violation and remedial
action to be taken, shall provide a reasonable time limit for
compliance, and shall state the time within which an appeal may
be taken.
Sec. 506. 4 Service of Violation Order
Violation orders may be served: by petsonal service , by
mailing by registered or certified mail, or by posting a copy
thereof in a conspicuous place on the premises , and by mailing
a copy thereof to the premises on the same day as posted, enclose.
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in a prepaid wrapper addressed to the person responsible.
(j Sec. 506 . 5 Correction of Violation
In case the owner, lessor, occupant or the agent of any of
them shall fail , neglect or refuse to remove , eliminate or abate
the violation within the time specified in the violation order,
a request to take appropriate legal action shall be made to the
q p p
Town Attorney of the Town of Newfield.
Sec. 507 . PENALTIES
1 Sec. 507 . 1 Compliance
Failure to comply with any provision of the Town of New-
field Fire Prevention Code, this local law, rules or regulations
adopted pursuant to this local law, or a violation order shall
be deemed a violation and the violator shall be liable for a
fine of not less than one hundred dollars ($100 . 00) , or imprison-
ment not to exceed 30 days , or both, and each day such violation
continues shall constitute a separate violation.
Sec. 507 . 2 Commencement of Proceeding
Any action or proceeding in the name of the Town of Newfield
may be commenced in any court of competent jurisdiction to
' compel compliance with or restrain by injunction the violation
of any provision of the State Fire Prevention Code, this local
law, rule or regulation adopted prusuant to this local law, or
a violation order, or to vacate the occupancy or building in the
case of imminent danger to life or property. Such remedy shall
be in addition to penalties otherwise prescribed by law.
Sec. 509 RECORDS
The Fire Inspector shall keep official records of all
permits, inspection reports, recommendations , complaints and
violation order.
Sec. 510 REMOVAL OF DANGEROUS BUILDINGS OR STRUCTURES
Sec. 510 . 1 Public Nuisance •
A building or structure or part thereof, which is an
1 imminent danger to life and safety of the public as a result of
a fire or explosion is hereby declared to be a public nuisance.
• Sec. 510 . 2 Building or Structure as Imminent Danger
Whenever the Fire Inspector finds a building or structure ,
or part thereof , to be an imminent danger to life and safety of
the public as a result of a fire or explosion, the Fire Inspector
may cause it to be demolished and removed or may cause work to
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be done in ana about the building or structure as may be necessary
to remove the danger.
Sec. 510 . 3 Premises to be Vacated
The Fire Inspector may require the occupants of any such
building or structure , or part thereof, to vacate the premises
forthwith. No person shall use or occupy such building or
structure, or part thereof, until it is made safe .
Except for the owner, no person shall enter premises which
have been ordered vacated unless authorized to perform inspec-
tions, repairs , or to demolish and remove such buildings or
structure , or part thereof.
Sec. 510 . 4 Expense of Removal
All costs and expenses incurred by the Town of Newfield in
connection with any work done to remove the danger , or in connec-
tion with the demolition and removal of any such building or
structure shall be assessed against the land on which such build-
ing or structure is located, and a bill for such expenses shall
be presented to the owner of the property , or if the owner
cannot be ascertained, then such bill shall be posted in a con-
spicuous 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 days after the bill is pre-
sented or posted, a legal action may be brought to colect such
assessment or to foreclose such lien. As an alternative to the
maintenance of any such action, the Fire Inspector may file a
certificate of the actual expenses incurred as aforesaid, to-
gether with a statement identifying the property in connection
with which the expenses were incurred and the owner thereof
with the assessor, who shall in the preparation of the next ass-
essment roll assess such amount upon such property. Such amount
shall be included in the levy against such property , shall con-
stitute 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 it provided by law for the collection and
enforcement of real proeprty taxes in the Town of Ithaca.
Sec. 511 REVIEW BOARD
Sec. 511. 1 hardship Cases
Where practical difficulties or unnecessary hardship may
result from enforcement of the strict letter of any provision
of the Town of Newfield Fire Prevention Code, applications for
• variances consistent with the spirit of the Code may be made
to and acted upon by a Board of Review established by this
local law.
Sec. 511 . 2 Copy of Decision
The Fire Inspector shall obtain a copy of the Review Board ' s
decision for its record.
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1
I
Sec . 511 . 3 Board of Review
I
The Town Board of the Town of Newfield is hereby desig-
nated as the Fire Code Board of Review.
Sec. 512 APPLICATION FOR REVIEW
Sec. 512 . 1 Application for Variance
Individuals seeking a variance pursuant to Section 512 . 1
shall file a written application for the same with the Town Clerk
on approved forms .
Sec. 512 . 2 Notice of Application
Notice of all applications for variance shall be mailed by
the Clerk to all property owners within 500 feet of property
for which a variance is sought and notice of hearing shall be
published in the official newspaper not less than 10 nays prior
to such hearing.
Sec. 512 . 3 Review by Fire Code Board
Within 45 days of filing an application for variance the
Fire Cone Board of Review shall hold a hearing to determine
whether such variance shall be granted. Any interested party
may be heard in support of or against the granting of the
variance. A decision on the application must be made within 15
days after the hearing . The decision shall be made in writing
and filed with the Clerk and the Fire Inspector. The Fire Code
Board of Review shall have the power to grant the variance in
part or grant the variance contingent upon such terms and con-
ditions that the Fire Code Board of Review shall determine
necessary and in the public interests and consistent with the
spirit of the Code.
•
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Amemmirmu LOCAL LAW NO. 1 (1984)
Be it enacted by the Town Board of the Town of Newfield
as follows:
SECTION 1 - TITLE.
This Local Law shall be known as the Town of Newfield Uniform
Fire Prevention and Building Code Administration & Enforcement Law.
SECTION II - PURPOSE.
The purpose of this Local Law is to establish and provide for
the administration and enforcement procedure in the Town of New-
field applicable to the New York State Uniform Fire Prevention &
Building Code.
SECTION III - ADMINISTRATION & ENFORCEMENT.
A. Building Permits.
1. No person, firm, corporation, association, or other
organization shall commence the erection, construction, enlarge-
ment, alteration, improvement, removal, or demolition of any build-
ing or structure or any part thereof when such activity is an
activity subject to the New York State Uniform Fire Prevention and
Building Code in the Town of Newfield or the use of any building,
structure, property, site or a part thereof in the Town of Newfield,
without having first obtained a Building Permit therefor from the
Town of Newfield.
2 . Application for a Building Permit shall be made to the
Town Clerk. Applicants shall provide such information as shall be
required by the application form. Applicants shall be the owner (s)
of the premises or any other person, firm, corporation, association
or organization authorized to apply by the owner (s) of the subject
premises.
B. Inspections.
1. To ensure that a building or structure complies with
the applicable provisions of the State Fire Prevention and Building
Code, all work for which a Building Permit has been issued shall
be inspected for approval prior to enclosing or covering any portion
thereof upon completion of each stage of construction including, but
not limited to, excavation, foundation, superstructure , electrical ,
plumbing, and heating and air conditioning. Every such building,
property, and all such work, shall, in addition, be inspected upon
final completion. Inspections pursuant to this paragraph shall be
a condition precedent to the issuance of a Certificate of Compliance.
/C,S,
2 . All buildings , structures and premises within the
Town of Newfield to which the State Fire Prevention and Building
Code applies shall be periodically inspected for compliance with
the provisions of such Code as they apply to fire prevention and
safety.
3. The authorized inspectors of the Town of Newfield
shall have the power Lo order in writing the remedying of any con-
dition found to exist in, on, or about any building , structure
or premises in violation of the State Fire Prevention and Building
Code and the time period within which such condition must be reme-
died. Such orders may be served upon the owner or his authorized
agent personally or by certified mail, return receipt requested,
sent to the address set forth in the application for any permit
submitted to the Town of Newfield or the owner' s or agent ' s last
known address or if not known to the address used for the mailing
of annual town tax bills.
4 . It shall be the responsibility of the owner, appli-
cant, or his agent to inform the appropriate inspectors that the
work is ready for each required inspection under this law and to
schedule such inspection.
5. The authorized inspectors of the Town of Newfield, or
their authorized representatives , shall have the right of entry ,
at all reasonable hours, to any building, structure or site where
work or activity is contemplated or being done under the provisions
of this law, or to any building or site alleged to be a fire
hazard or otherwise unsafe to life or health, upon the exhibition
of proper evidence of authority; and interference with such auth-
orized entry in official capacity, shall be punishable as a viola-
ton of this Law.
6. All other provisions of this section notwithstanding ,
inspections of the buldings, structures and premises belonging to
the State or Federal Governments, or any agency thereof , public
institutions, or public educational institutions, shall
continue to be made in the same manner and shall be conducted by
the same personnel as has been the case prior to the adoption of
this Local Law.
C. Code Enforcement Officers.
1. The Town of Newfield shall appoint one or more Code
Enforcement Officers, as the need shall appear, to perform the
administration and enforcement of the State Fire Prevention and
Building Code as provided in this Law in acting upon applications
for building permits and performance of all inspections required
under this Law.
2 . The Town of Newfield, by its Code Enforcement
Officers, shall have the right, as the need shall appear, to ap-
point for the purpose of individual inspections, one or more
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•
plumbing and/or electrical inspectors, including , but not limited
to, inspectors of the New York Borad of Fire Underwriters, to per-
form inspections of plumbing and electrical work within the juris-
diction of the State Fire Prevention and Building Code and this
Law. The cost of such inspections shall be solely borne by the
applicant for a permit under this Law or the property owner for
whom such inspection is required.
D. Fees.
1 . Fees for a Building Permit as provided in
the Law shall be $20. 00. Such fee may be increased annually by
the Town Board on January 1 in any year, effective 30 days after
posting and publication in the same manner as a Town Ordinance .
2. In addition to the Building Permit fee,
the applicant shall be solely responsible for the cost of any
inspections .performed by any inspectors who are not in the employ
of the Town of Newfield and who are appointed by the Town of New-
field pursuant to Section III . C. 2. . of this Law.
E. Certificate of Compliance.
1. At the time a Building Permit is issued an application
shall be made for a Certificate of Compliance. The Certificate
must be issued upon completion of all work done in conformance
wth the provisions of the State Fire Prevention and Building Code
and this Law. ,
2. It is unlawful to use or occupy or permit the use or
occupancy of any building, structure or premises, or both, or
part thereof hereafter created, erected, changed, converted, or
wholly or partly altered or enlarged in its use or structure until
a Certificate of Compliance has been issued therefor by the Code
Enforcement Officer stating that the proposed use of the building ,
structure or premises conforms to the requirements of Town of New-
field, this Law and the State Fire Prevention and Building Code
and that the proposed work has been completed in compliance with
the State Fire Prevention and Building Code and this Law.
3. A temporary Certificate of Compliance may be issued
by the Code Enforcement Officer for a period not exceeding six
months during alterations or partial occupancy of a building or
structure or use of premises pending its completion, provided that
such temporary Certificate may require such conditions and safe-
guards as will protect the safety of the occupants and the public ,
subject to approval of the Town of Newfield Town Board, and with a
performance guarantee acceptable to the Town of Newfield Board
that all improvements to be made by the applicant in compliance
with this Law will be made.
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F. Violations.
1 . Any person, firm, corporation, or other party viola-
ting any provision of this Law is deemed guilty of an offense upon
conviction and is subject to a fine not exceeding $250 . 00 and/or
15 days imprisonment. In additiona, a violation of this Law con-
stitutes the State of New York.
n under the Penal Law of t t
stitutes a violation
day that a violation continues shall be deemed a separate
offense.
2 . In addition to other penalties, the Town of Newfield
may institute any appropriate action or proceeding to prevent the
unlawful erection, construction, alteration or use of any building ,
struture or premises in violation of the requirements of the State
Fire Prevention and Bulding Code and this Law.
3. The Code Enforcement Officer is empowered to issue
citations for any violations of this Law or the State Fire Pre-
vention and Building Code.
4 . Jurisdiction of any such violation shall be in the
Town Justice Court of the Town of Newfield.
SECTION IV - APPEALS .
A. Board' of Appeals.
1. The Town Board of the Town of Newfield is designated
the Board of Appeals to determine any grievance, complaint or
denial of a Building Permit or Certificate of Compliance, or ap-
peal of any decision of the Code Enforcement Officer under this
Law. The Town Supervisor shall preside over all hearings. The
Board of Appeals shall not determine violations issued pursuant
to Section III. F. of this Law.
B. Procedure.
1. Any party desiring appeal to the Board of Appeals of
any matter set forth in Section IV. A. 1. shall file any appeal
on forms provided for such purpose by the Town Clerk within 30
days of such decision of the Code Enforcement Officer or denial of
a permit requiring review, The time to file an appeal may be
waived by the Board of Appeals on good cause shown.
2. The Board of Appeals by a quorum consisting of a
majority of its members shall hear such appeal within 30 days of
the filing of the same. Adjournments of the hearing may be granted
only on good cause shown by the Board of Appeals.
3. The Board of ,Appeals shall issue its decision within
three days from the hearing in writing by mailing a copy of the de-
cision to the appellant at the address set forth in the form filed
for appeal.
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SECTION V - MISCELLANEOUS.
A. Minimum Requirements.
1. The provisions of this Law are intended to be the
minimum requirements necessary to accomplish the purpose of the
Law and must be interpreted and applied accordingly. When re-
quirements of this Law conflict with the requirement of other
lawfully developed rules, regulations, or Law, the most restric-
tive or that imposing higher standards takes precedence.
B. Separability .
1 . The invalidity of any Section or provision of this
Law does not invalidate any other Section or provision thereof.
C. Repealer.
1 . All Laws and parts of Laws which are inconsistent
with the provisions of this Law are hereby repealed.
D. Effective Date .
1. The Law shall be effective immediately.
J LC
LOCAL LAW NO. 1 - 1992
BE IT ENACTED by the Town Board of the Town of Newfield as
follows:
Section I. TITLE
This local law shall be known as Amendment No. 2 to the "Town
of Newfield Uniform Fire Prevention and Building Code
Administration & Enforcement Law. "
Section II. PURPOSE
The purpose of this local law is to amend Local Law No. 1 for
1984 , the "Town of Newfield Uniform Fire Prevention and
Building Code Administration & Enforcement Law" and Local Law
No. 1 for 1986, the "Amendments to Town of Newfield Uniform
Fire w. " Thistlocalndla Building
supersede Local Law Administration
No Enforcement 1 for 1984
Law. " This 1
and Local Law No. 1 for 1986.
Section III. ADMINISTRATION & ENFORCEMENT
A. Code Enforcement Officers.
1 . There is hereby designated and created in the Town
of Newfield a public official to be known as the
Code Enforcement Officer, who shall be appointed by
the Town Supervisor with the approval of the Town
Board, at a compensation to be fixed by it, and
shall administer and enforce the New York State
Uniform Fire Prevention and Building Code, as the
same may be amended from time to time.
2 . The Town Board shall have the right, as the need
shall appear, to appoint for the purpose of
individual inspections, one or more plumbing and/or
electrical inspectors, including, but not limited
to, inspectors of the New York Board of Fire
Underwriters, to perform inspections of plumbing and
electrical work within the jurisdiction of the New
York State Fire Prevention and Building Code and
this law. The cost of such inspections shall be
borne by the applicant for a permit under this law
or the property owner for whom such inspection is
• required.
1
B. Building Permits.
1. Permits Required.
No person, firm, corporation, association, or other
organization shall commence the erection,
construction, enlargement, alteration or improvement
of any building or structure, or any part thereof
in the Town of Newfield, when such work must conform
to the New York State Uniform Fire Prevention and
Building Code without first having obtained a
building permit therefor from the Town of Newfield.
2 . Exceptions to Permit Requirement.
The following repairs and alterations of buildings
or structures may be made without first obtaining
a building permit:
Y repairs materially
airs which do n y
(a) P
affect structural features;
(b) alterations to existing buildings or
structures, provided that such alterations meet
all of the following conditions:
(i) cost (including labor and materials) less
than $10, 000;
(ii) do not materially affect structural
features;
(iii) do not affect fire safety features such
as smoke detectors, sprinklers, required
fire separations and exits;
(iv) do not involve the installation or
extension of electrical systems; and,
(v) do not include the installation of solid
fuel-burning heating appliances and
associated chimneys and flues.
(c) single-story small non-commercial structures
not intended for use by one or more persons as
quarters for living, sleeping, eating or
cooking, for example, a small storage building
or .a gazebo; or
(d) nonresidential farm buildings, including barns,
sheds, poultry houses and other buildings used
directly and solely for agricultural purposes.
2
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3 . Application for a Permit.
(a) Application for a building permit shall be made
to the Town Code Enforcement Officer. The
application and its accompanying documents
shall contain sufficient information to permit
a determination that the intended work accords
with the requirements of the New York State
Uniform Fire Prevention and Building Code. The
applicant shall be the owner(s) of the premises
or any other person, firm, corporation,
association or organization authorized to apply
by the owner(s) of the subject premises.
(b) The form of the permit and application therefor
shall be prescribed by resolution of the Town
Board. The application shall be signed by the
owner (or his authorized agent) of the building
or structure and shall contain at least the
following:
(i) full name and address of the owner and,
if by corporation, the name and address
of the responsible official;
(ii) identification and/or description of the
land on which the work is to be done;
(iii) description of use or occupancy of the
land and existing or proposed building;
(iv) description of the proposed work;
(v) one set of plans and specifications for
the proposed work; and,
(vi) the required fee.
(c) The Code Enforcement Officer may waive the
requirement of plans and specifications when
the work to be done involves minor alterations
or is otherwise unnecessary.
(d) Applicant shall notify the Code Enforcement
Officer of any changes in the information
contained in the application during the period
• for which the permit is in effect. A permit
will be issued when the application has been
determined to be complete and when the proposed
work has been determined to conform to the
requirements of the New York State Uniform Fire
Prevention and Building Code and/or this law.
3
The authority conferred by such permit may be
limited by conditions, if any, contained
therein. Amendments, if any, to the
application or to the plans and specifications
accompanying the same shall be filed with the
Code Enforcement Officer. Approval shall be
received from the Code Enforcement Officer
prior to the commencement of such change of
work.
4 . General Requirements.
(a) A building permit issued pursuant to this local
law shall be prominently displayed on the
property or premises to which it pertains.
(b) A building permit issued pursuant to this local
law may be suspended or revoked if it is
determined that the work to which it pertains
is not proceeding in conformance with the New
York State Uniform Fire Prevention and Building
Code or with any condition attached to such
permit, or if there has been misrepresentation
or falsification of material fact in connection
with the application for the permit. Prior to
suspending or revoking a building permit, the
applicant shall be given a reasonable time (not
to exceed three (3) business days) to correct
the deficiency.
(c) A building permit issued pursuant to this local
law shall expire one (1) year from the date of
issuance or upon the issuance of a certificate
of occupancy (other than a temporary
certificate of occupancy) , whichever occurs
first. The permit may, upon written request,
be renewed for successive one-year periods
provided that: (i) the permit has not been
revoked or suspended at the time the
application for renewal is made; (ii) the
relevant information on the application is up
to date; and, (iii) the renewal fee is paid.
C. Inspections.
1. To ensure that a building or structure complies with
• the applicable provisions of the New York State
Uniform Fire Prevention and Building Code, all work
for which a building permit has been issued shall
be inspected for approval prior to enclosing or
covering any portion thereof upon completion of each
stage of construction including, but not limited
4
to, excavation, foundation, superstructure,
electrical, plumbing, heating, ventilation, air
conditioning, fire protection and detection systems,
and exit features. Every such building, property,
and all such work, shall, in addition, be inspected
upon final completion. Inspections pursuant to this
paragraph shall be a condition precedent to the
issuance of a Certificate of Occupancy.
2 . Any and all areas of public assembly shall be
inspected at least once each calendar year for the
purpose of determining compliance with fire safety
requirements of the New York State Uniform Fire
Prevention and Building Code.
3 . All multiple dwellings and all nonresidential
occupancies shall be inspected for the purpose of
determining compliance with fire safety requirements
of the New York State Uniform Fire Prevention and
Building Code at intervals consistent with local
conditions.
4 . An inspection of a building or dwelling unit shall
be performed at any other time upon receipt by the
Code Enforcement Officer of:
(a) a request of the owner or authorized agent;
(b) a written statement specifying reasonable and
reliable grounds and information upon which the
subscriber believes a violation of the New York
State Uniform Fire Prevention and Building Code
exists.
5. It shall be the responsibility of the owner,
applicant, or his agent to inform the Code
Enforcement Officer that the work is ready for each
required inspection under this law and to schedule
such inspection.
D. Fees.
A fee schedule for a building permit as provided in this
law shall be regularly established by the Town Board.
Such a fee schedule may be based upon the type of
construction contemplated or difficulty of inspection by
the Code Enforcement Officer. The Board may increase or
decrease such fees as it shall determine necessary and
in the public interest.
5
E. Certificate of Occupancy.
1. At the time a building permit is issued an
application shall be made for a Certificate of
Occupancy. No certificate shall be issued except
upon final inspection which reveals completion of
all work done in conformance with the provisions of
the New York State Uniform Fire Prevention and
Building Code and this law.
2 . It is unlawful to use or occupy or permit the use
or occupancy of any building, structure or premises,
or both, or part thereof hereafter created, erected,
changed, converted, or wholly or partly altered or
enlarged in its use or structure until a Certificate
of Occupancy has been issued therefor by the Code
Enforcement Officer stating that the proposed use
of the building, structure or premises conforms to
the requirements of Town of Newfield, this law and
the New York State Uniform Fire Prevention and
Building Code and that the proposed work has been
completed in compliance with the New York State
Uniform Fire Prevention and Building Code and this
law.
3 . A temporary Certificate of Occupancy may be issued
by the Code Enforcement Officer for a period not
exceeding six months during alterations or partial
occupancy of a building or structure or use of
premises pending its completion, provided that such
temporary certificate may require such conditions
and safeguards as will protect the safety of the
occupants and the public, subject to approval of the
Town of Newfield Town Board, and with a performance
guarantee acceptable to the Town of Newfield Board
that all improvements to be made by the applicant
in compliance with this law will be made.
F. Violations.
1. Whenever the Code Enforcement Officer has reasonable
grounds to believe that work on any building or
structure is being performed in violation of the
provisions of the New York State Uniform Fire
Prevention and Building Code or applicable laws,
ordinances or regulations, or not in conformity with
. the provisions of an application, plans or
specifications on the basis of which a building
permit was issued, or in an unsafe and dangerous
manner, he shall notify the owner of the property,
or the owner's agent, to suspend all work. Such
persons shall immediately stop such work and suspend
6
all building activities until the stop work order
is rescinded. All stop work orders and notices
shall be in writing and shall state the conditions
under which work may be resumed. A stop work order
shall be served upon a person to whom it is directed
either by delivering it personally, or by posting
the same upon a conspicuous portion of the building
where the work is being performed and sending a copy
of the same to the person, firm or corporations by
certified mail.
2 . Upon determination by the Code Enforcement Officer
that a violation of the New York State Uniform Fire
Prevention and Building Code or this local law
premises,
in, on, or about any building or p ,
the Code Enforcement Officer shall order in writing
the remedying of the condition. Such order shall
state the specific provision which the particular
condition violates and shall grant such time as may
be reasonably necessary for achieving compliance
before proceedings to compel compliance shall be
instituted. Such order shall be served personally
or by registered mail.
3 . Any person, firm, corporation, or other party who
violates any provision of the New York State Uniform
Fire Prevention and Building Code or this law is
deemed guilty of an offense upon conviction and is
•
subject to a fine not exceeding $250. 00 and/or 15
days imprisonment. In addition, a violation of this
law constitutes a violation under the Penal Law of
the State of New York. Prior to the imposition of
a fine or other penalty, however, a violator shall
be given a reasonable period to correct the
violation. After such time, each day that a
violation continues shall be deemed a separate
offense.
4 . In addition to other penalties prescribed by law,
the Town of Newfield may institute any appropriate
action or proceeding to compel compliance with, or
restrain by injunction the violation of, any
provisions of the New York State Uniform Fire
Prevention and Building Code and this law, or any
rule or regulation relating thereto.
5. • The Code Enforcement Officer is empowered to issue
stop work orders and citations for any violations
of the New York State Uniform Fire Prevention and
Building Code or this law, or any rule or regulation
pertaining thereto.
7
•
6. Jurisdiction of any such violation shall be in the
Town Justice Court of the Town of Newfield.
Section IV. APPEALS.
Pursuant to Title 19 of the New York Code of Rules and
Regulations Part 450, the Regional Board of Review shall
have jurisdiction over and shall hear and decide appeals
of any order or determination, or the failure within a
reasonable time to make an order or determination, of an
administrative official charged to enforce or purporting
to enforce this law and/or the New York State Fire
Prevention and Building Code. The appeal process shall
be in accordance with the regulations contained in 19
NYCRR Part 450.
Section V. MISCELLANEOUS.
A. Minimum Requirements.
The provisions of this law are intended to be the minimum
requirements necessary to accomplish the purpose of the
New York State Uniform Fire Prevention and Building Code
and must be interpreted and applied accordingly. When,
and if any, requirements of this law conflict with the
requirements of the New York State Uniform Fire
Prevention and Building Code, the New York State Uniform
Fire Prevention and Building Code takes precedence.
B. Separability..
The invalidity of any section or provision of this law
does not invalidate any other section or provision
thereof.
C. Definition of Terms
Every term used herein shall have the meanings ascribed
to it in the New York State Uniform Fire Prevention and
Building Code.
D. Repeal.
All laws and parts of laws which are inconsistent with
the provisions of this law are hereby repealed.
E. Effective Date.
The law shall be effective immediately.
8
F. Department Records and Reports.
1 . 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, inspection
reports, all rules and regulations promulgated by
the Town, and notices and orders issued. 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 required by State law
and regulation.
2 . The Code Enforcement Officer shall annually submit
to the Town Board of the Town of Newfield a written
report and summary of all business conducted by the
Code Enforcement Officer, including approvals,
permits and certificates issued, fees collected,
orders and notices promulgated, inspections and
tests made, and appeals or litigation pending or
concluded.
Section VI . EFFECTIVE DATE
This local law shall take effect immediately upon its filing
• in the office of the Secretary of State in accordance with the
provision of Section 27 of the Municipal Home Rule Law.
CERTIFICATION OF ATTORNEY
STATE OF NEW YORK
COUNTY OF TOPIPKINS
I, the undersigned, hereby certify that the foregoing local law contains the correct
text and that all proper proceedings have been had or taken for the enactment of the
foregoing local law.
_ •j
C. Hooks, Esq.
Town of Newfield
• Dated: October 27'; 1992
9
•
CERTIFICATION OF TOWN CLERK
I hereby certify that the local law annexed hereto, designated
as Local Law No. 1 of 1992 of the Town of Newfield, was duly passed
by the Town Board on October 14, 1992 in accordance with the
applicable provisions of law.
I further certify that I have compared the preceding local law
with the original and that the same is a correct copy therefrom and
of the whole of the original law.
AOW
Lois Mint r
(seal) Town Clerk
Dated: October c,9=3 , 1992
V
(Please Use this Form for Filing your Local Law with the Secretary of State)
(,- Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
" of
Newfield
Town
lfill
1 of the year 19 @ t
Local Law No.
A local law lcnowis as Amendmentt... Q...T.QW13...Q1...kltrip!f.xeld...i1.n�itazA1 F.J.Le
11 (t.. tiw.t
Prevention and Building Code Administration and Enforcement Law"
L•atTown Board of the
Be it enscted hf the �"µ '..
(N....t d.tl..two
1,:: 1
X o f Newfield as follows: r i
l--' Town 1 ::,,:
}16I1liaPX i
1w
Section I. Title f ) i,
This local law shall be known as "Amendments to Town of i , '
Newfield Uniform Fire Prevention and Building Code Ad-
ministration and Enforcement Law." i r.#:
Section II. Purpose
The purpose of this local law is to amend Local Law NO. 1
for 1984 the "Town of Newfield Uniform Fire Prevention
and Building Code Administration and Enforcement Law." i
j
Section IIi. Provisions x
Section III, D1 of local law No. 1 for the year 1984
known as the " Town of Newfield Uniform Fire Prevention r
and Building Code Administration and Enforcement Law" i
shall be amended to read as follows:
D. Fees
1. A fee schedule for a building permit as provided in
the law shall be regularly established by the ToofncBoard.
Such a fee schedule may be based upon the typ e
struction contemplated or difficulty of inspection by the
creasensuchefees asfite shall hdeterminea necessary eand de-
n
the public interest.
Section IV. Effective Date ,
This local law shall take effect immediately lytupin accord-
its
filing in the office of the Secretary of
ance with the nrovision of Section 27 of the Municipal
Home 'Rule Law.
( prof additional space is needed, please attach sheets of the same size as this and number each)
Page 1
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
(�. 1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19..
County
of the (:try of was duly passed by the
Town (Name of Legislative Body)
Village.
on 19 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive OffIcer,*
or repassage after.disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No.......1.. of 19..8.6.
tllotaaityx
of the Town of Newfield was duly passed by the Town Board
(Name of Legieletive Body)
Ot`RI PRA x>vatdixaq>Ftxw.ax
on August 13, 1986 and was approved by the Town Supervisor
xnammsdxgoexAmmustgx Elective Chief Executive Officer* •
and was deemed duly adopted on September 2, 19 86 , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City of was duly passed by the
Town (Name of Legieletive nods)
Village not disapproved
on 19 and was approved by the
• repassed after disapproval Elective Chief Executive Officer*
on 19 Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on 19 , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City o f was duly passed by the on
Town (Name of Legislative Body)
Village • not disapproved
19 and was approved by the on
repassed after disapproval Elective Chief Executive Officer*
19 Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on'
19 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or,if there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
`�- where such officer Is vested with power to approve or veto local laws or ordinances.
Page 2
•
5. (City local law concerning Charter re%ision proposed by petition.)
I hereb%certif. that the local Law annexed hereto,designated as local law No. of 19
of the City of having been submitted to referendum pursuant to the
provisions of 37 of the Municipal Iiome flute Law,anti having received the affirmative vote of a majority
ial
of the qualified electors of such city voting thereon at the general election held on
19 became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as Local Law No. of 19......of the
. County of State of New York, having been submitted to the Electors at the
General Election of November , 19 ,pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
mr' I further certify that I have compared the preceding local law with the original on file in this office
• and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph....2 above.
0111111111' .
Qerk of the Coun y legislative body.City,Town or Village Qerk or
! officer designated by local legislative body
LOIS MINTEER
Date: September 4, 1986
(Seal)
•
(Certification to be executed by County Attorney, Corporation Counsel,T own Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPKINS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
• g
RICHARD L. G RERG
Town Attorney
Title
Date: September 4, 1986 et (
eHH of Newfield
Town
(
Page 3 •
,
C�caocz_
1Z1 (catL
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
"°
Local Law Filing :Lj. ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter. g
` `'of Newfield
Town •
Local Law No. 1 of the year 20 06
Alocallaw Providing for the Administration and Enforcement of
(Insert Title)
the New York State Uniform Fire Prevention and Building
Code
Be it enacted by the Newfield Town Board of the
(Name of Legislative Body)
v— ew uMy
'-' 6145r-.of Newfield as follows:
A. Town
This local law provides for the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code(the Uniform Code)and the State
Energy Conservation Construction Code(the Energy Code)in this Town. This local law
Home Rule Law.Except as otherwise
is adopted pursuant to section 10 of the Municipal Ho e p
provided in the Uniform 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
g � P
provisions this local law. This local law shall supersede and replace Local Law#1 of
" Fire Prevention Code")and any and all amendments thereto.
1982("Town of Newfield } y
(
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239 (Rev.05/05) Page 1 of 3
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
. (Final adoption by local legislative body only.)
. hereby certify that the local law annexed hereto, designated as local law No. 1 of 20 0 6 of
the(County)(City)(Town)(Village)of Newfield was duly passed by the
Newfield Town Board on Oct. 12 20 06 ,in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer'`)
on 20 , in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
"'lame of Legislative Body)
?passed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum,and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,
the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev.05/05) Page 2 of 3
A LOCAL LAW PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE
NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
Local Law# 1 of 20 0 6
Be it enacted by the Town Board of the Town of Newfield,in the County of Tompkins ,
as follows:
SECTION 1. PURPOSE AND INTENT
This local law provides for the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code(the Uniform Code)and the State
Energy Conservation Construction Code(the Energy Code)in this Town. This local law
is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform 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. This local law shall supersede and replace Local Law#1 of
1982("Town of Newfield Fire Prevention Code")and any and all amendments thereto.
SECTION 2.DEFINITIONS
In this local law:
"Building Permit" shall mean a permit issued pursuant to section 4 of this local
law. 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 Occupancy" shall mean a certificate issued pursuant to subdivision(b)of
section 7 of this local law.
"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
any and all Inspectors.
"Compliance Order" shall mean an order issued by the Code Enforcement Officer
pursuant to subdivision(a)of section 15 of this local law.
"Energy Code" shall mean the State Energy Conservation Construction Code,as
currently in effect and as hereafter amended from time to time.
"Inspector" shall mean an inspector appointed pursuant to subdivision(d) of
section 4 of this local law.
"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.
"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.
"Stop Work Order" shall mean an order issued pursuant to section 6 of this local
law.
"Temporary Certificate" shall mean a certificate issued pursuant to subdivision(d)
of section 7 of this local law.
"Town" shall mean the Town of Newfield.
"Uniform Code" shall mean the New York State Uniform Fire Prevention and
Building Code,as currently in effect and as hereafter amended from time to time.
SECTION 3. 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:
1. to receive, review, and approve or disapprove applications for Building
Permits, Certificates of Occupancy, Temporary Certificates and Operating
Permits, and the plans, specifications and construction documents
submitted with such applications;
2. upon approval of such applications,to issue Building Permits, Certificates
of Occupancy,Temporary Certificates and Operating Permits, and to
include in Building Permits, Certificates of Occupancy, Temporary
Certificates and Operating Permits such terms and conditions as the Code
Enforcement Officer may determine to be appropriate;
3. to conduct construction inspections, inspections to be made prior to the
issuance of Certificates of Occupancy, Temporary Certificates and
Operating Permits, fire safety and property maintenance inspections,
inspections incidental to the investigation of complaints,and all other
inspections required or permitted under any provision of this local law;
2
4. to issue Stop Work Orders;
5. to review and investigate complaints;
6. to issue orders pursuant to subdivision(a)of section 15 (Violations)of this
local law;
7. to maintain records;
8. to collect fees as set by the Board of this Town;
9. to pursue administrative enforcement actions and proceedings;
10. in consultation with this Town's attorney, to pursue such legal actions and
proceedings as may be necessary to enforce the Uniform Code, the Energy
Code and this local law, or to abate or correct conditions not in
compliance with the Uniform Code,the Energy Code or this local law;
and
11. to exercise all other powers and fulfill all other duties conferred upon the
Code Enforcement Officer by this local law.
(b) The Code Enforcement Officer shall be appointed by The Board. The
Code Enforcement Officer shall possess background experience related to building
construction or fire prevention and shall,within the time prescribed by law, obtain such
basic training, in-service training, advanced in-service training and other training as the
State of New York shall require for code enforcement personnel, and the Code
Enforcement Officer shall obtain certification from the State Fire Administrator 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, an individual shall be appointed by The Town Board to serve as Acting
Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term
of his or her 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 The Town Board to act under
the supervision and direction of the Code Enforcement Officer and to assist the Code
Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred
upon the Code Enforcement Officer by this local law. Each inspector shall, within the
time prescribed by law, obtain such basic training, in-service training, advanced in-
service training and other training as the State of New York shall require for code
enforcement personnel, and each inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
3
(e) The compensation for the Code Enforcement Officer and Inspectors shall
be fixed from time to time by the Town Board of this Town.
SECTION 4. BUILDING PERMITS.
(a) Building Permits Required. Except as otherwise provided in subdivision
(b)of this section,a Building Permit shall be required for any work which must conform
to the Uniform Code and/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
obtained a Building Permit from the Code Enforcement Officer.
(b) Exemptions. No building permit shall be required for work in any of the
following categories:
1. construction or installation of one story detached structures associated with
one-or two- family dwellings or multiple single-family dwellings
(townhouses)which are used for tool and storage sheds,playhouses or similar
uses,provided the gross floor area does not exceed 144 square feet(13.88
square meters);
2. installation of swings and other playground equipment associated with a one-
or two-family dwelling or multiple single-family dwellings(townhouses);
3. installation of swimming pools associated with a one-or two-family dwelling
or multiple single-family dwellings(townhouses)where such pools are
designed for a water depth of less than 24 inches and are installed entirely
above ground;
4. installation of fences which are not part of an enclosure surrounding a
swimming pool;
5. construction of retaining walls unless such walls support a surcharge or
impound Class I,II or IIIA liquids;
6. construction of temporary motion picture,television and theater stage sets and
scenery;
7. installation of window awnings supported by an exterior wall of a one-or
two-family dwelling or multiple single-family dwellings(townhouses);
8. installation of partitions or movable cases less than 5'-9" in height;
4
9. painting,wallpapering,tiling, carpeting, or other similar finish work;
10. installation of listed portable electrical, plumbing, heating, ventilation or
cooling equipment or appliances;
11. 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
12. repairs, provided that such repairs do not involve(i)the removal or cutting
away of a load-bearing wall, partition, or portion thereof,or of any structural
beam or load bearing component; (ii)the removal or change of any required
means of egress,or the rearrangement of parts of a structure in a manner
which affects egress(iii)the enlargement, alteration, replacement or
relocation of any building system; or(iv)the removal from service of all or
part of a 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. The application shall
include such information as the code Enforcement Officer deems sufficient to permit a
determination by the Code Enforcement Officer that the intended work complies with all
applicable requirements of the Uniform Code and the Energy Code. The application shall
include or be accompanied by the following information and documentation:
1. a description of the proposed work;
2. the tax map number and the street address of the premises where the work is
to be performed;
3. the occupancy classification of any affected building or structure;
4. where applicable,a statement of special inspections prepared in accordance
with the provisions of the Uniform Code; and
5. at least 2 sets of construction documents (drawings and/or specifications)
which(i)define the scoop of the proposed work;(ii) are prepared by a New
York State registered architect or licensed professional engineer where so
required by the Educational Law; (iii)indicate with sufficient clarity and
detail the nature and extent of the work proposed; (iv) substantiate that the
5
proposed work will comply with the Uniform Code and the Energy Code; and
(v)where applicable,include a site plan that shows any existing and proposed
buildings and structures on the site,the location of any existing or proposed
well or septic system,the location of the intended work,and the distances
between the buildings and structures and the lot lines.
(e) Construction documents. Construction documents will not be accepted as
part of an application for a Building Permit unless they satisfy the requirements set forth
in paragraph(5)of subdivision(d)of this section. Construction documents which are
accepted as part of the application for a Building Permit shall be marked as accepted by
the Code Enforcement Officer in writing or by stamp. 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.
(f) Issuance of Building Permits. An application for a Building Permit shall
be examined to ascertain whether the proposed work is in compliance with the applicable
requirements of the Uniform Code and Energy Code. The Code Enforcement Officer
shall issue a Building Permit if the proposed work is in compliance with the applicable
requirements of the Uniform Code and Energy Code.
(g) Building Permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized work has been
completed.
(h) Work to be in accordance with construction documents. All work shall be
performed in accordance with the construction documents which were submitted with
and accepted as part of the application for the Building Permit. The Building Permit shall
contain such a directive. The Permit Holder shall immediately notify the Code
Enforcement Officer of any change occurring during the course of the work. The
Building Permit shall contain such a directive. If the Code Enforcement Officer
determines that such change warrants a new or amended Building Permit, such change
shall not be made until and unless a new or amended Building Permit reflecting such
change is issued.
(i) Time Limits. Building Permits shall become invalid unless the authorized
work is commenced within six(6)months following the date of issuance. Building
Permit shall expire twelve(12)months after the date of issuance. A Building Permit
which has become invalid or which has expired pursuant to this subdivision may be
renewed upon application by the Permit Holder,payment of the applicable fee, and
approval of the application by the Code Enforcement Officer.
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(j) Revocation or suspension of Building Permits. If the Code Enforcement
Officer determines that a Building Permit was issued in error because of incorrect,
inaccurate or incomplete information, or that the work for which a Building Permit was
issued violates the Uniform Code or the Energy Code,the Code Enforcement Officer
shall revoke the Building Permit or suspend the Building Permit until such time as the
Permit Holder demonstrates that(1)all work then completed is in compliance with all
applicable provisions of the Uniform Code and the Energy Code and(2)all work then
proposed to be performed shall be in compliance with all applicable provisions of the
Uniform Code and the Energy Code.
(k) Fee. The fee specified in or determined in accordance with the provisions
set forth in section 16(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 5. CONSTRUCTION INSPECTIONS.
(a) Work to remain accessible and exposed. Work shall remain accessible and
exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector
authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code
Enforcement Officer when any element of work described in subdivision(b) of this
section is ready for inspection.
(b) Elements of work to be inspected. The following elements of the construction
process shall be inspected made,where applicable:
1. work site prior to the issuance of a Building Permit;
2. footing and foundation;
3. preparation for concrete slab;
4. framing;
5. building systems,including underground and rough-in;
6. fire resistant construction;
7. fire resistant penetrations;
8. solid fuel burning heating appliances, chimneys, flues or gas vents;
9. Energy Code compliance; and
10. a final inspection after all work authorized by the Building Permit has
been completed.
(c) 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 where the
work fails to comply with the Uniform Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall remain exposed
until such work shall have been brought into compliance with all applicable provisions of
the Uniform Code and the Energy Code, re-inspected, and found satisfactory as
completed.
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(d) Fee. The fee specified in or determined in accordance with the provisions
set forth in section 16 (Fees)of this local law must be paid prior to or at the time of each
inspection performed pursuant to this section.
SECTION 6. STOP WORK ORDERS.
(a) Authority to issue. The Code Enforcement Officer is authorized to issue
Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a
stop Work Order to halt:
1. any work that is determined by the Code Enforcement Officer to be 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. 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; provided,however,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.
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(e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the
exclusive remedy available to address any event described 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 15 (Violations)of this local law or under any
other applicable local law or State law. Any such other remedy or penalty may be
pursued at any time,whether prior to, at the time of,or after the issuance of a stop work
order.
SECTION 7. CERTIFICATES OF OCCUPANCY
(a) Certificates of Occupancy required. A Certificate of Occupancy 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 sub-classification 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.
(b) Issuance of Certificates of Occupancy. The Code Enforcement Officer
shall issue a Certificate of Occupancy if the work which was the subject of the Building
Permit was completed in accordance with all applicable provisions of the Uniform Code
and Energy Code and, if applicable,that the structure, building or portion thereof that
was converted from one use or occupancy classification or sub-classification 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 Office shall
inspect the building, structure or work prior to the issuance of a Certificate of Occupancy.
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, shall be provided to the Code Enforcement Officer prior to
the issuance of the Certificate of Occupancy.
1. a written statement of structural observations and/or a final report of special
inspections, and
2. flood hazard certifications.
(c) Contents of Certificates of Occupancy. A Certificate of Occupancy 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, address and tax map number of the property;
4. if the Certificate of Occupancy is not applicable to an entire structure, a
description of that portion of the structure for which the Certificate of
Occupancy is issued;
5. the use and occupancy classification of the structure;
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6. the type of construction of the structure;
7. the assembly occupant load of the structure, if any;
8. if an automatic sprinkler system is provided, a notation as to whether the
sprinkler system is required;
9. any special conditions imposed in connection with the issuance of the
Building Permit; and
10. the signature of the Code Enforcement Officer issuing the Certificate of
Occupancy and the date of issuance.
(d) Temporary Certificate. The Code Enforcement Officer shall be permitted
to issue a Temporary Certificate allowing the temporary occupancy of a building or
structure, or a portion thereof, prior to completion of the work which is the subject of a
Building Permit. However, in no event shall the Code Enforcement Officer issue a
Temporary Certificate unless the Code Enforcement Officer determines (1)that the
building or structure,or the portion thereof covered by the Temporary Certificate, may be
occupied safely, (2)that any fire-and smoke-detecting or fire protection equipment which
has been installed is operational, and(3)that all required means of egress from the
building or structure have been provided. The Code Enforcement Officer may include in
a Temporary Certificate such terms and conditions as he or she deems necessary or
appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A
Temporary Certificate shall be effective for a period of time, not to exceed six(6)
months,which shall be determined by the Code Enforcement Officer and specified in the
Temporary Certificate. During the specified period of effectiveness of the Temporary
Certificate,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.
(e) Revocation or suspension of certificates. If the Code Enforcement Officer
determines that a Certificate of Occupancy or a Temporary Certificate was issued in error
because of incorrect,inaccurate or incomplete 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.
(f) Fee. The fee specified in or determined in accordance with the provisions
set forth in section 16(Fees)of this local law must be paid at the time of submission of
an application for a Certificate of Occupancy or the Temporary Certificate.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing fire fighting 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.
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SECTION 9. UNSAFE BUILDING AND STRUCTURES
Unsafe structures and equipment in this Town shall be identified and addressed in
accordance with the procedures established by the Town's Ordinance Relating to Unsafe
Buildings and Collapsed Structures,as now in effect or as hereafter amended from time
to time.
SECTION 10. OPERATION PERMITS.
(a) Operation Permits required. Operation Permits shall be required for
conduction the activities or using the categories of buildings listed below:
1. manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1),2703.1.1(2),2703.1.1(3) or
2703.1.1(4) in the publication entitled "Fire Code of New York State" and
incorporated by reference in 19 NYCRR section 1225.1;
2. hazardous processes and activities, including but not limited to, commercial
and industrial operations which produce combustible dust as a byproduct, fruit
and crop ripening, and waste handling;
3. use of pyrotechnic devises in assembly occupancies;
4. buildings containing one or more areas of public assembly with an occupant
load of 100 persons or more; and
5. 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.
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.
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(c) 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.
(d) Multiple Activities. In any circumstance in which more than one activity
listed in sub division(a)of this section is to be conducted at a location,the Code
Enforcement Officer may require a separate Operating Permit for each such activity, or
the Code Enforcement Officer may, in his or her discretion,issue a single Operating
Permit to apply to all such activities.
(e) Duration of Operating Permits. Operating Permits shall remain in effect
until reissued,renewed,revoked, or suspended.
(f) Revocation or suspension of Operating Permits. If the Code Enforcement
Officer determines that any activity or building for which an Operating Permit was issued
does not comply with any applicable provision of the Uniform Code, such Operating
Permit shall be revoked or suspended.
(g) Fee. The fee specified in or determined in accordance with the provisions
set forth in section 16 (Fees)of this local law must be paid at the time submission of an
application or an Operating Permit, for an amended Operating Permit, or for reissue or
renewal of an Operating Permit.
SECTION 11.FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
(a) Inspections required. Fire safety and property maintenance inspections of
buildings and structures shall be performed by the Code Enforcement Officer or an
Inspector designated by the Code Enforcement Officer at the following intervals:
1. Fire safety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least once
every twelve(12)months.
2. Fire safety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every twelve
(12)months.
3. Fire safety and property maintenance inspections of all multiple dwellings not
included in paragraphs (1)or(2)of this subdivision and all non-residential
buildings, structures, uses and occupancies not included in paragraphs(1)or
(2)of this subdivision, shall be performed at least once every thirty-six(36)
months.
(b) Inspections permitted. In addition to the inspections required by
subdivision(a) of this section, a fire safety and property maintenance inspection of any
building, structure, use, or occupancy, or of any dwelling unit,may also be performed by
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the Code Enforcement Officer or an Inspector designated by the Code Enforcement
Officer 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.
(c) 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 Officer of Fire Prevention and Control("OFPC")and the New York
State Fire Administrator under Executive Law section 156-e and Education Law section
807-b.
(d) Fee. The fee specified in or determined in accordance with the provisions
set forth in section 16 (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 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 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 t he 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 15 (Violations)of this local law;
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(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
complaint.
SECTION 13.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:
1. all applications received,reviewed and approved or denied;
2. all plans, specifications and construction documents approved;
3. all Building Permits, Certificates of Occupancy,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 other features and activities specified in or contemplated by sections 4 through
12, inclusive, of this local law, including; and
9. all fees charged and collected;
(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.
SECTION 14. PROGRAM REVIEW AND REPORTING
(a) The Code Enforcement Officer shall annually submit to The Town Board
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 13 (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 this Town, on a form prescribed by the Secretary of State, a report of
the activities of this Town relative to administration and enforcement of the Uniform
Code.
(c) The Code Enforcement Officer shall, upon request of the New York State
Department of State, provide to the New York State Department of State, from the
records and related materials this Town is required to maintain,excerpts, summaries,
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tabulations, statistics and other information and accounts of the activities of this Town in
connection with administration and enforcement of the Uniform Code.
SECTION 15: VIOLATIONS
(a) Compliance Orders. The Code Enforcement Officer is authorized to order
in writing the remedying of any condition or activity found to exist in, on or about any
building, structure, or premises in violation of the Uniform Code,the Energy Code, or
this local law. Upon finding that any such condition or activity exists,the Code
Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1)be
in writing; (2)be dated and signed by the Code Enforcement Officer; (3)specify the
condition or activity that violates the Uniform Code,the Energy Code, or this local law;
(4) 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; (5) specify the
period of time which the Code Enforcement Officer deems to be reasonably necessary for
achieving compliance; (6)direct that compliance be achieved within the specified period
of time; and(7) state that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time. The Code Enforcement
Officer shall cause the Compliance Order,or a copy thereof,to be served on the owner of
the affected property personally or by registered mail. The Code Enforcement Officer
shall be permitted,but not required,to cause the Compliance 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 being
performed at the affected property personally or by [registered mail/certified mail];
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.
(c) Civil Penalties. In addition to those penalties proscribed by State law, any
Person who violates any provision of the Uniform Code,the Energy Code or this local
law, or any term or condition of any Building Permit, Certificate of Occupancy,
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 a civil penalty of not more than$200 for each day or part thereof during
which such violation continued. The civil penalties provided by this subdivision shall be
recoverable in an action instituted in the name of this Town.
(d) Injunctive Relief. An action or proceeding may be instituted in the name
of this Town, 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,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, Compliance Order, or other notice of order issued by the Code
Enforcement Officer pursuant to any provision of this local law. In particular,but not by
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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,this local law, or any Stop Work
Order Compliance Order or other order obtained under the Uniform Code,the Energy
Code or this local law, an action or proceeding may be commenced in the name of this
Town, 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 this Town.
(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 381 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 381 of the
Executive Law.
SECTION 16: FEES
A fee schedule shall be established by resolution of the Town Board of this Town.
Such fee schedule may thereafter be amended from time to time by like resolution. The
fees set forth in, or determined in accordance with, such fee schedule or amended fee
schedule shall be charged and collected for the submission of applications,the issuance
of building Permits, amended Building Permits,renewed Building Permits, Certificates
of Occupancy, Temporary Certificates, Operating Permits, fire safety and property
maintenance inspections,and other actions of the of the Code Enforcement Officer
described in or contemplated by this local law.
SECTION 17: INTERMUNICIPAL AGREEMENTS
The Town Board of this Town may,by resolution,authorize the Supervisor of this
Town to enter into an agreement, in the name of this Town, with other governments to
carry out the terms of this local law, provided that such agreement does not violate any
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provision of the Uniform Code, the Energy Code,Part 1203 of Title 19 of NYCRR,or
any other applicable law.
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SECTION 18. 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 19. 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.
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