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Home My WebLink About1987 LL 14 - Change Code to Refer to New NYS Bldg Code (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..................... : .....»Ithaca.............».»:»...» .....»........................ Town Local Lawrr:..:.,. »..»..:.»».?:4_. __ .... .»..__4f the-year 19 A local lair. TO..AMEND TOWN OF ITHACA LOCAL LAW NO. 1 FOR THE YEAR 1981 »»».......».....»..».........»..................................»»......... CHANGING THE REFERENCE FROM THE STATE FIRE PREVENTION CODE TO THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND' AMENDING THE ENFORCEMENT AND ADMINISTRATIVE PROVISIONS Be it enacted by tl,e ............................Town. .Board............ .»..... ... ........ .....»..».»...........................................of.thn ..... Townof........»...........»...»...............................»Ithaca....»...»»»...»...».......»._. »»..»....».................. as follows: Local Law No. 1 of the Town of Ithaca for the year 1981 entitled "A Local Law to Adopt the New York State Fire Code" is hereby amended as follows: 1. Section 1 of said local law is.amended to read as follows: "Section 1. Applicability. ' ' This local law shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Building Code") in the Town of Ithaca, and shall establish powers, duties, and responsibilities in connection therewith." 2. Section 3 of said local law is.amended to read as follows: "Section 3. Administration. The Building Inspector and Zoning Enforcement Officer (hereinafter "Building Inspector") is hereby designated to administer and enforce the Building Code within the Town of Ithaca. In the event the Building Inspector is not available, the Town Supervisor of the Town of Ithaca is authorized to administer and enforce the Building Code and to issue permits thereunder." Y additional space is needed elease attnch sheds of the same size as tbls and number each) 3. Section 5.1 is amended to read as follows: "5.1 The Town Board may adopt rules and regulations for the administration and enforcement of the Building Code. Such rules and regulations shall not conflict with the Building Code, this local law, or any other provision of law." 4. A new Section 5.A, entitled "Building Permits" is added to such local law to read as follows: Section 5.A.1. Building Permits. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure, nor install heating equipment, without having applied for and obtained a Building Permit from the Building Inspector. No permit shall be required under those circumstances set forth in the Town of Ithaca Zoning Ordinance (hereinafter referred to as the "Zoning Ordinance") under which no permit is required." 5.A.2. Applications for Building Permits may be obtained from the Building Inspector. A completed application must be delivered to the Building Inspector and must include: (a) The signature of the applicant or authorized agent; (b) A description of the site on which the proposed work is to be done; (c) A statement of the use or occupancy of all parts of the land and of the proposed building or structure; (d) A brief description of the proposed work; (e) The estimated cost of the proposed work with appropriate substantiation as may be required by the Building Inspector; (f) The full name and address of the owner and applicant and, if either be a corporation, the names and addresses of responsible officers; (g) A set of plans and specifications for the proposed work; (h) A site plan showing the location of the proposed work on the site and showing the property lines of the site; (i) The fee required pursuant to the Zoning Ordinance; (j) A statement that the work shall be performed in compliance with the Zoning Ordinance, the Building Code, and other applicable state and local laws, ordinances, and regulations; (k) Such other materials, information, or items as may be reasonably required by the Building Inspector in order to determine whether the proposed work will be in compliance with all applicable laws, rules, regulations, including the Zoning Ordinance, the Building Code, and this local law. The Building Inspector may waive the requirement of plans and specifications and may waive such of the other requirements in Page la 249 those circumstances where the work to be done involves minor alterations or where such required information is not otherwise necessary. 5.A.3. At the option of the Building Inspector the Building Inspector may require that the plans and specifications be accompanied by a certification from a registered architect or licensed professional engineer of this state that such plans and specifications comply with the applicable provisions of the m Building Code and all local ordinances and requirements. 5.A.4. The applicant shall notify the Building Inspector 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 is determined to conform to the requirements of the Building Code, the Zoning Ordinance, and any other applicable laws, rules or regulations. The authority conferred by such permit may be limited by conditions, if any, contained therein. 5.A.5. All work performed pursuant to such permit shall be in accordance with the information and representations made in the application for a permit and there shall be no deviations therefrom without the prior approval of the Building Inspector. Such approval may be withheld until sufficient information is provided to the Building Inspector in form and substance reasonably satisfactory to the Building Inspector to demonstrate that the proposed deviation is in coupliance with the Building Code, the Zoning Ordinance, this local law, and all other applicable laws, rules and regulations. 5.A.6. A Building Permit, when issued, shall be prominently displayed'on the property or premises to which it pertains. I 5.A.7. A Building Permit, once issued, may be suspended or revoked if the Building Inspector or other appropriate officer determines that the work to which it pertains is not proceeding in conformance with the application, with the Building Code, with the Zoning Ordinance, with any other law, rule, regulation or ordinance, or with any condition attached to such permit, or if there has been a misrepresentation or falsification of a material fact in connection with the application for the permit. 5.A.8. A Building Permit shall expire one 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 in the application is up to date; (iii) a renewal fee of the greater of $15.00 or 58 of the original Building Permit fee. At the option of the Building Inspector, where the work disclosed by the application may reasonably be expected to take longer than one year, the Building Inspector may issue an initial Building Permit for a term of greater than one year, but in no event greater than three years, the term to be the length of time it would be reasonably anticipated to complete the work set forth in the application." 5. There is added to such local law a new section, to be Section 5.B. entitled "Building Construction Inspections" to read as follows: Section 5.B. Construction Inspections. Page `lb '1 5.B.1. Work for which a Building Permit has been issued shall be inspected for approval by the Building Inspector prior to enclosing or covering any portion thereof and upon campletion of each stage of construction including but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, heating, air conditioning, fire protection and detection systems and exit features. It shall be the responsibility of the owner, applicant, or his agent, to inform the appropriate inspector that the work is ready for inspection and to schedule such inspection. To facilitate such inspection and to insure compliance with appropriate zoning and building code requirements, the Building Inspector may require submission at the appropriate stage of documentation to substantiate such compliance including, without limitation, the following items: (a) As built survey maps by a licensed surveyor showing the location of the foundation relative to property boundary lines and dimensions of the structure; (b) Appropriate certifications from an engineer relative to water, sewage, structural integrity, and such other items as the Building Inspector may deem reasonably appropriate certifying that the stated items are in accordance with all applicable laws, rules and regulations; (c) Certificates from appropriate electrical-inspection agencies such as New York Board of Fire Underwriters certifying that the electrical work is in compliance with all applicable laws, codes, rules and regulations. 5.B.2 The Building Inspector or his designee shall have the power to order, in writing, the remedying of any condition found to exist in, on, or about any building, structure or premises in violation of the Building Code, the Zoning ordinance, or any other applicable law, rule or regulation, and shall have the authority to state the time period within which such condition must be remedied. Such orders may be served upon the owner or his authorized agent personally or by registered mail sent to the address set forth in the application for any permit submitted to the Town of Ithaca or to the owner's or agent's last known address. If such condition is not remedied within the time set forth, among any other remedies that may be available to the Town of Ithaca, the Building Inspector or his designee may revoke the Building Permit for such construction and no further construction shall occur until a new permit has been issued. 5.B.3. The Building Inspector or his designee 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 unsafe to life or health, upon the exhibition of proper evidence of their position at the 'Porn. � Interference with such authorized entry in an official capacity shall be punishable as a violation of this local law." 6. A new Section 5.C. entitled "Certificates of occupancy" is added , to said local law reading as follows: "Section 5.C. Certificate of occupancy. 5.C.1. Except as set forth below in Paragraph 5.C.2., a building or structure for which a Building Permit has been issued shall not be used or occupied in whole or in part until the Certificate of occupancy shall have been issued by the Building Inspector or Page. lc such other person designated by the Town of Ithaca. Such Certificate of occupancy shall be issued when, after final inspection, it is determined that the construction and other work has been campleted in coopliance with the Building Code, the Zoning ordinance, and other applicable laws, rules and regulations. 5.C.2. A temporary Certificate of occupancy may be issued by the Building Inspector pending final completion of the work provided the use or occupancy of the building shall not present a danger to any person or property. Such temporary certificate may F require such conditions and safeguards as will protect the safety of the occupants and the public and may also require a P T,� performance guarantee acceptable to the Town of Ithaca Tom Board that all improvements to be made by the applicant in campliance with the Building Code, the Zoning ordinance, this local law, and other applicable laws, rules and regulations, will be made. A temporary Certificate of occupancy, at the discretion of the Building Inspector, may be renewed an indefinite number of times. 5.C.3. A Certificate of occupancy may be issued for any building or individual dwelling unit at any other time after inspection thereof by request, determination of compliance and payment of the prescribed fees," 7. The title to Section 6 - "Permits" is amended to read "Section 6. Use Permits." 8. Section 6.1, 6.2, 6.3, and the first sentence of 6.4 are amended to read as follows: "6.1. Upon payment of the fee, as prescribed in the schedule of fees adopted by the Town Board, Use Permits shall be issued by and bear the name and signature of the Building Inspector and shall specify: Activity or operation for which such permit is issued. Address or location where activity or operation is to be conducted. Name and address of permittee. Use Permit Number and date of issuance. Period of Use Permit validity. At the option of the Building Inspector a Use Permit may be combined with a Building Permit if such cumbination is appropriate. 6.2. Use Permits shall not be transferable and any change in activity, operation, location, ownership, or use shall require a new Use Permit. 6.3. Use Permits shall continue until revoked or for a period of time designated at the time of issuance. An extension of the Use Permit time period may be granted provided a satisfactory reason can be shown for failure to start or cotplete the work or activity authorized within the required time period. 6.4. Use Permits shall be obtained for the following." 9. Section 6.5, 6.6 and 6.7 are amended to read as follows: Page ld 243 116.5. Consolidated Use Permits. When more than one Use Permit is required for the same property or premises, a single Use Permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated Use Permit, for specific hazardous materials or operations, shall not- invalidate the remainder. 6.6 Location of Use Permits. Use Permits shall be kept on the property or premises covered by the Use Permit or carried by the Use Permit holder. 6.7. Revocation of Use Permits. Use Permits may be suspended or revoked when it is determined there is a violation of a condition under which the Use Permit was issued, or there has been misrepresentation or falsification of material facts in connection with the Use Permit application or a condition of the Use Permit." 10. Section 7, "Inspection" is hereby amended to read as follows: Section 7. Fire Safety Inspections. 7.1. The Building Inspector shall conduct periodic inspections of areas of public assembly as defined in Part 606 of Title 9 of the Official Compliation of Codes, Rules and Regulations of the State of New York, or any successor part of said regulations, at least once per year. Such inspections may be made at any reasonable time. 7.2. All other buildings, structures, premises, and uses within the Town of Ithaca to which the Building Code applies shall be periodically inspected for compliance with the provisions of the Building Code as they apply to fire prevention and safety. 7.3. An inspection of a building or dwelling unit may be performed at any other time upon (a) request of the owner or authorized agent; (b) receipt of a written statement specifying grounds upon which the subscriber believes a violation of the Building Code, Zoning Ordinance, or other law, rule or regulation exists, or (c) other reasonable and reliable information that such violation exists. 7.4. If entrance to make an inspection is refused or cannot be obtained the Building Inspector or his designee shall have the right to make such inspections as are set forth above in this local law or, in the alternative, may apply for a warrant to make an inspection to any court of competent jurisdiction." 11. Sections 8.1 and 8.2 are amended by deleting the phrase "State Fire Prevention Code" where it occurs in each of those sections and inserting instead the words "Building Code." � 12. Section 8.4 of said local law is amended to read as follows: "8.4. Violation orders may be served by personal service, by r mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or � x to the property address, or by posting a copy thereof on the promises that are the subject of the notice of violation and mailing a copy on the same day as posted, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the .Down of Ithaca. Page le 24t 13. Sections 9.1 and 9.2 are amended by deleting the words "State Fire Prevention Code" where they appear and inserting instead the words "Building Code." 14. Section 12. "Review Board" is hereby amended to read as follows: "Section 12. variance and Review. 12.1. A request for a variance from the requirements of the Zoning ordinance shall be processed in accordance with the provisions of the Zoning ordinance. 12.2. A request for a variance frctn the provisions of the Building Code and an appeal to review determination of or failure to render a determination by the Building Inspector based upon the Building Code shall be processed with the appropriate Board of Review as provided in Title 19 of the New York official Compilation of Codes, Rules and Regulations, Part 440, or any successor rules, regulations or statutes." 15. This local law shall take effect upon its filing with the Secretary of State or twenty days after its adoption, whichever is later. Page if 231 (Complete the certification in Lite paragraph wbiell applies to the filing of this local law and strike out the matter therein which Is not applicablo.) 1. (Final adoption by local legislative body only.) hereby certify that the local law annexed hereto,designated as local law No. ..... ......Of 19 L of theof.............I i:h �•a.......was duly passed by the.............. Town„Board................................... Z OWn (Name of Legislative Body) on.„.,,,October 5; lg$7 in accordance with the applicable provisions of law. 2. (Passago try local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassugo after disapproval.) I hereby certify that the local law annexed hereto,designatedas local law No.....................of 19........ County ofthe City of......................................wns duly passed by tbe.........,........................6....,...........Y........................... Town (Name of Legislative Body) Village not disapproved oil.......................... .........19........ and was approved by the....................,..............................*.. repassed after disapproval Elacttve Chiet Execut,va tJfticar and was deemed duly adopted oil..:.....................................................19 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto,designated as local law No...................`of 19.......... County of the City was duly passed by th Town Of...................................... e (Name of Legislative Body).......................... Village not disapproved on...................................................19........ and was approved by the. ..,o.. ........ ...... .. .......... ..... . repassed after disapproval Eleetive Cldet it:xacutiva Otticer on......................................................................19......... Such local law was submitted to the people by reason of a mandatory referendu n,and received the affirmative vote of a innjority of the qualified electors voting permissive general thereon at the special election held on......................................................19........, in accordance with the appli- annual cable provisions of law. A. (Subject to permissive referondum,und final adoption because no valid petition filed requesting referendum.) hereby certify that the local law annexed hereto,designated as local low No................... of 19,......... County of the Cit of...............:. ...........was duly passed by the............................................................................,...Oil Town (Name of Legtslatlrs Body) Village not disapproved 19........ and was approved by the.........................................................on - ......................' ”""""""""" Elective Chief Executive officer repassed after disapproval •-� ............................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,.......,ill accordance will, the applicable provisions of law. *Elective Chief Executive officer means or includes the chief executive officer of a county elected on a countywide 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 .at�a a e 9 5. (City local law concerning Charter revision proposed by petition.) I herebycertify that the local lair annexed hereto,designatedas local law No.....................of 19........ of the City of..........................................................................having been submitted to referendum pursuant to the provisions of§3z of tiie Municipal Home Hale Law,and having received the affirmative vote of a majority special of the qualified electors of such city voting thereon at the s general election held on.................................. ................19............became operative. (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(lie 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. (11 any other authorized form of final adoption has been followed, please provide an appropriate certification.) p" I further certify that.l 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.....:I................... above. Town CIP;kw Date: October 8, 1987 (Seal) (Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney or other authorized Attorney of looslity.) STATE OF NEW YORK COUNTY OF....,.Totnpkins ...................,.. ... 1, 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. ,It V,11�11 stsn■tare John C. Barney Town Attorney ...... ........ .................... TWO Date: C�C �� o9of.......Ithaca .............................. Town " Page 3 14-1114(2187)—Text 12 PROJECT I.D.NUMBER, 617.21SEOR Appendix C FINAL State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORNPOSMONDAIE For UNLISTED ACTIONS Only "PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 4- - 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of Ithaca ILocal Law No. 1987 3. PROJECT LOCATION: municipality Town of Ithaca County Tompkins 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Tcwn of Ithaca 5. IS PROPOSED ACTION: [I New 0 Expansion X51Modification/alteration 6. DESCRIBE PROJECT BRIEFLY:Local Law to Amend Local Law No.1, 1981 changing the references from the State Fire Prevention Code to the New York State Unifcrrm Fire Prevention and Building Code and amending the enforcement and administrative provisions. 7. AMOUNT OF LAND AFFECTED: Town of Ithaca Initially acresUltimately acres PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? a'qY99 ONO It No,describe briefly ......... 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? El Other 0 Residential El Industrial 0 commercial ❑Agriculture M Park/ForestlOpen space Describe: all land uses in Town of Ithaca 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)?_1No X)5 Yes f It yes,list agencya)and permillapprovals, To be filed with N.Y.S. Secretary of State 11. DOES ANY ASPECT OF THE ACTION HAVE'A CURRENTLY VAUD PERMIT OR APPROVAL? )(4 Yes ONO if yes,list agency name and permitlapproval As authorized under NYCRR Title 19 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? )X Yes C3No As proposed I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantfsponsor name: Town of Ithaca Date: Oct- 5, 1 qaz Signature: on Is In the Co agency, complete the If the action Coastal Area, and you are a state Coastal Assessment Form before proceeding with this assessment OVER 1 ........................................................................................................................... ......................................................................... PART II - Environmental Assessment - A Local Law to Amend Local Law No. 1 for the Year 1981 Changing the References from the State Fire Prevention Code and the N.Y.S. Uniform Fire Prevention and Building Code and Amending the Enforcement and Administrative Provisions A. Action is Unlisted. B. Action will not receive coordinated review. C. Could action result in any adverse effects on, to or arising from the following: Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Not expected. Action itself does not involve any physical alterations to the environment. A beneficial impact is expected in the improved provisions for the review, inspection, and enforcement of construction and of certain materials handling and use. C2. Aesthetic, agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood character? No significant adverse impact is expected, for the reasons stated above. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No significant adverse impact is expected, for the reasons stated above. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? No significant adverse impact is expected with respect to these considerations. This amendment to Local Law No. 1, 1981 is pursuant to NYCRR Title 19. Enforcement and administrative provisions are expanded in accordance with the N.Y.S. Uniform Fire Prevention and Building Code. Definitions and requirements relating to construction project application, review, inspection, and enforcement, and relating to the use of certain commercial/industrial materials have been modified or expanded. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? No such activities are expected to be directly induced by the proposed action. C6. Long term, short term, cumulative, or other effects not identified in C1-05? J, Not expected. C7. Other impacts (including changes in use of either quantity or type of energy)? Not expected. r D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? No controversy is expected at this time. PART III A negative determination of environmental significance is recommended. A beneficial impact is expected in the amendment of this law to be more fully in accordance with State law. Lead Agency: Town of Ithaca Town Board Reviewer: Susan C. Beeners, Town Planner Review Date: October 5, 1987 �