HomeMy WebLinkAboutLL 2007 #1 Uniform Code - support docs / TOWN OF DANBY
/ RESOLUTION NO 27 OF 2007
ADOPTION OF LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 1984, PROVIDING
FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE
UNIFORM FIRE PREVENTION AND BUILDING CODE
By Councilperson Nolte: Seconded by Councilperson Beavers
WHEREAS, this action is to Consider Enactment of a Local Law Amending Local Law No. 3 of
1984, Providing for the Administration and Enforcement of the New York State Uniform fire
Prevention and Building Code; and
WHEREAS, this is a SEQRA Type II action for which the Town Board of the Town of Danby is
acting as Lead Agency in environmental review, and for which no further environmental review is
required; and
WHEREAS,the Town Board of the Town of Danby on February 12,2007 has held a public hearing
to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal;
NOW, THEREFORE IT IS
RESOLVED, that the Town Board of the Danby adopts Local Law Number 1 of 2007, entitled
"A Local Law Amending Local Law No. 3 of 1984, Providing for the Administration and
Enforcement of the New York State Uniform Fire Prevention and Building Code", a copy of which
is attached hereto and made a part of this Resolution; and it is
FURTHER RESOLVED,that the Town Clerk be and she hereby is directed to enter sail local law
into the minutes of this meeting and in the local law book of the Town of Danby,to publish a copy
of said law as required by law, and to give due notice of adoption of said local law to the Secretary
of State of the State of New York.
A roll call vote on the resolution resulted as follows:
Beavers Aye
Nolte Aye
S alino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski,Town Clerk in the Town of Danby, a Municipal Corporation of the County
of Tompkins, State of New York,hereby certify that the forgoing resolution is a true and exact copy
of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held
on the 12`h day of February 2007.
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby,this
14th day of February 2007.
(721,14.11gaptik,
Carol W. Sczepanski,t Clerk
;
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NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
❑ County
❑ City of DANBY
"gr. Town
❑ Village
Local Law No. 1 of the year 20 07
A local law AMFNDING I OCAL LAW NO. 3 OF 1984, PROVIDING FOR THE
ADMINIStrAtiON AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM
FIRE PREVENTION AND BUI Da_NC__COD_F
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
❑ County
❑ City of DANBY as follows:
;* Town
❑ Village
Town of Danby Local Law No. 1 of 2007- Adopted by the Town Board on Monday,
February 12, 2007.
A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 1984, PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM
FIRE PREVENTION AND BUILDING CODE
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Town of Danby Local Law No. 3 of 1984, adopted by the Town Board of the
Town of Danby on December 27, 1984, is hereby amended to read as set forth in the following
sections.
(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
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Section 2. The entire text of Local Law No. 3 of 1984 is hereby deleted, and is replaced with
the text which follows:
" SECTION 1. PURPOSE AND INTENT.
This local law provides for the administration and enforcement of the New York State Uniform
Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in the Town of Danby. 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 any section of this local law, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this local law.
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 Compliance" shall mean a certificate issued pursuant to Section 7 of this local
law.
"Certificate of Occupancy" shall mean a certificate issued pursuant to Section 7 of this local
law.
"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to
Section 3 of this local law.
"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors.
"Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to
Section 16 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 Section 3 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.
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"Permit Holder" shall mean the Person to whom a Building Permit has been issued.
"Person" shall include an individual, corporation, limited liability company, partnership, limited
partnership, business trust, estate, trust, association, or any other legal or commercial entity of
any kind or description.
"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 Section 7 of this local law.
"Town" shall mean the Town of Danby, Tompkins County, New York.
"Town Board" shall mean the Town Board of the Town of Danby.
"Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
"Zoning Ordinance of the Town of Danby" shall include all amendments thereof and
regulations related thereto which the Town may adopt 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, Certificates of Compliance, 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,
Certificates of Compliance, Temporary Certificates and Operating Permits; and to include in the
issuance of same, 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, Certificates of Compliance, 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;
(4) to issue Stop Work Orders;
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(5)to review and investigate complaints;
(6) to issue Compliance Orders;
(7)to maintain records;
(8)to collect fees as set forth from time to time by the Town Board;
(9)to pursue administrative enforcement actions and proceedings;
(10) in consultation with the Town's Attorneys, 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 Town Supervisor with the approval
of the Town Board. The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention and shall, within the time prescribed by law, obtain
such basic training, in-service training, advanced in-service training and other training as the
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 Supervisor with the approval of 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 by the Town Supervisor with the approval of 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.
(e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time
to time by the Town Board.
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(f) The Code Enforcement Officer may, at his/her discretion, accept and rely upon written reports
of tests in the field by licensed design professionals, by accredited and authoritative testing
laboratories, or service and inspection bureaus and agencies.
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;
(9)painting, wallpapering, tiling, carpeting, or other similar finish work;
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(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
loadbearing 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
scope of the proposed work; (ii) are prepared by a New York State registered architect or
licensed professional engineer where so required by the Education Law; (iii) indicate with
sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the
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
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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) Compliance with other laws, ordinances, rules, and regulations. No building permit shall
be issued which would be in violation of any provision of the Zoning Ordinance of the Town of
Danby, the rules and regulations of the State of New York, or the Tompkins County Sanitary
Code.
(g) 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.
(h)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.
(i) 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.
(j) Time limits. Building Permits shall become invalid unless the authorized work is
commenced within 6 months following the date of issuance. Building Permits shall expire 12
months after the date of issuance. A Building Permit which has become invalid or which has
expired pursuant to this subdivision may be renewed upon application by the Permit Holder,
payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
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(k) 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.
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, reinspected, and found satisfactory as completed.
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
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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 certified mail, and by posting a
copy of such order upon a conspicuous portion of the premises to which the notice applies. 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, by any of the manners of service specified for the owner or
Permit Holder; 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.
(e)Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy
available to address any event described in subdivision (a) of this section, and the authority to
issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the
right and authority to pursue any other remedy or impose any other penalty under Section 16
(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, TEMPORARY CERTIFICATES,
AND CERTIFICATES OF COMPLIANCE .
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(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 subclassification to
another. Permission to use or occupy a building or structure, or portion thereof, for which a
Building Permit was previously issued shall be granted only by issuance of a Certificate of
Occupancy.
(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 subclassification to another complies with all applicable provisions
of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector
authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to
the issuance of a Certificate of Occupancy. 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;
(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
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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 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) Certificate of Compliance. The Code Enforcement Officer shall be permitted to issue a
Certificate of Compliance for preexisting structures for which a Certificate of Occupancy was not
previously issued, such as for older structures which predate the implementation of the Uniform
Code; or for which a request for an updated inspection is made for a structure with a preexisting
Certificate of Occupancy. In such events, the Code Enforcement Officer or an Inspector
authorized by the Code Enforcement Officer shall inspect the structure, and may require
improvements to meet applicable provisions of the Uniform Code. In issuing a Certificate of
Compliance, the Code Enforcement Officer may qualify the Certificate by indicate any
limitations of the inspection of the structure such as when structural or other system elements are
not readily observable.
(f) Compliance with other laws, ordinances, rules, and regulations. No Certificate of
Occupancy, Temporary Certificate, or Certificate of Compliance shall be issued which would be
in violation of any provision of the Zoning Ordinance of the Town of Danby, the rules and
regulations of the State of New York, or the Tompkins County Sanitary Code.
(g) Revocation or suspension of Certificates. If the Code Enforcement Officer determines that
a Certificate of Occupancy, Temporary Certificate, or Certificate of Compliance 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.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing fire fighting services for a property within the 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 not otherwise identified in or addressed by the
provisions of this local law shall be identified and addressed in accordance with the procedures
established by Town of Danby Local Law Number 4 of 2000, "A Local Law Providing for the
Repair or Removal of Unsafe Buildings and Collapsed Structures" as now in effect or as
hereafter amended from time to time.
SECTION 10. OPERATING PERMITS.
(a) Operating Permits required. Operating Permits shall be required for conducting the
activities or using the categories of buildings listed below. 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.
(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 devices 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 from time to time by the Town Board.
(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.
(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
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Permit.
(d) Multiple Activities. In any circumstance in which more than one activity listed in
subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may
require a separate Operating Permit for each such activity, or the Code Enforcement Officer may,
in his or her discretion, issue a single Operating Permit to apply to all such activities.
(e) Duration of Operating Permits. Operating permits shall be issued for such period of time,
not to exceed one year in the case of any Operating Permit issued for an area of public assembly
and not to exceed three years in any other case, as shall be determined by the Code Enforcement
Officer to be consistent with local conditions. The effective period of each Operating Permit shall
be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon
application to the Code Enforcement Officer, payment of the applicable fee, and approval of such
application by the Code Enforcement Officer.
(f) Compliance with other laws, ordinances, rules, and regulations. No Operating Permit
shall be issued which would be in violation of any provision of the Zoning Ordinance of the
Town of Danby, the rules and regulations of the State of New York, or the Tompkins County
Sanitary Code.
(g) Revocation or suspension of Operating Permits. If the Code Enforcement Officer
determines that any activity or building for which an Operating Permit was issued does not
comply with any applicable provision of the Uniform Code, the Zoning Ordinance of the Town
of Danby, the rules and regulations of the State of New York, or the Tompkins County Sanitary
Code, then such Operating Permit shall be revoked or suspended.
(h) Fee. The fee specified in or determined in accordance with the provisions set forth in Section
17 (Fees) of this local law must be paid at the time submission of an application for an Operating
Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
SECTION 11. REQUIREMENT FOR VARIANCE.
Where any proposed construction, alteration, or use would be in violation of the Uniform Code
or Energy Code, no Building Permit, Certificate of Occupancy, Temporary Certificate, Certificate
of Compliance, or Operating Permit shall be issued except pursuant to the written order of the
appropriate authority of New York State pursuant to Part 1205 of Title 19 of the New York Code
of Rules and Regulations ("NYCRR")..
SECTION 12. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS.
13
(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 in an
interval consistent with local conditions, and not to exceed 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 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 Office 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.
SECTION 13. 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 and
enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint
14
shall include any of the following steps as the Code Enforcement Officer may deem to be
appropriate:
(a)performing an inspection of the conditions and/or activities alleged to be in violation, and
documenting the results of such inspection;
(b) if a violation is found to exist,providing the owner of the affected property and any other
Person who may be responsible for the violation with notice of the violation and opportunity to
abate, correct or cure the violation, or otherwise proceeding in the manner described in Section
16 (Violations) of this local law;
(c) if appropriate, issuing a Stop Work Order or a Compliance Order; or
(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 14. RECORD KEEPING.
(a) The Code Enforcement Officer shall keep permanent official records of all transactions and
activities conducted by all Code Enforcement Personnel, including records of:
(1) all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates, Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all other features and activities specified in or contemplated by Sections 4 through 13
inclusive of this local law; and
(9) all fees charged and collected.
(b)All such records shall be public records open for public inspection during normal business
15
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 15. PROGRAM REVIEW AND REPORTING.
(a) The Code Enforcement Officer shall monthly 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 14 (Record
Keeping) of this local law and a report and summary of all appeals or litigation pending or
concluded.
(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of
the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town
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
the Town is required to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of the Town in connection with administration and
enforcement of the Uniform Code.
SECTION 16. 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 to be served in the same manner as provided for the service of
Stop Work Orders in Section 6 (Stop Work Orders) of this local law. 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 by a similar manner of service; provided, however, that failure to serve any
Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.
16
•
(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, Certificate of
Compliance, Temporary Certificate, Operating Permit, Stop Work Order, Compliance Order, 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 continues. The civil penalties provided by this subdivision shall be
recoverable in an action instituted in the name of the Town.
(d) Injunctive Relief. An action or proceeding may be instituted in the name of the Town in a
court of competent jurisdiction, to prevent, restrain, enjoin, correct, remove, 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, Temporary
Certificate, Certificate of Compliance, Operating Permit, Stop Work Order, Compliance Order,
or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this
local law. No action or proceeding described in this subdivision shall be commenced without the
appropriate authorization from the Town Board.
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 17: FEES.
A fee schedule shall be established by resolution of the Town Board. Such fee schedule may
thereafter be amended from time to time by like resolution of the Town Board. 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, Certificates of Compliance, Operating Permits, Fire Safety and Property
17
Maintenance inspections, and other actions of the Code Enforcement Officer described in or
contemplated by this local law.
SECTION 18. INTERMUNICIPAL AGREEMENTS.
The Town Board may, by resolution, authorize that the Town Supervisor enter into an agreement
with other governments to carry out the terms of this local law, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of
the NYCRR, or any other applicable law.
SECTION 19. PARTIAL INVALIDITY.
If any section or provision of this local law is found to be invalid by any court of competent
jurisdiction, such invalidity shall not affect any other section or provision thereof.
SECTION 20. EFFECTIVE DATE.
This local law shall take effect immediately upon filing in the office of the New York State
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law."
A:\FINALAmendedCodeEnforcementLaw.wpd
18
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that 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. 1 of 2007 of
the (County)(City)(Town)(Village) of _DAN BY was duly passed by the
TOWN BOARD on February 120 2007 , 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)
(Name of Legislative Body)
(repassed 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
•
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general)election held on 20 , 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 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal 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 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.)
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, a was finally .t opted in the manner indicated in
paragraph , above.
• Clerk of e county legis.tive biyi City,Town or Village Clerk or
officer designated by local legis ative body
(Seal) Date: atay a Oc 7
(Certification to.:be_ executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF
I,the undersigned, hereby certify that the foregoing local law contains the correct textend that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
67: ri/141
Signature
7awxi Arr>
Title
County (.= F r
Cityof PAty I3J'
ge
Date: -{/"/ ( 2 oo 7
DOS-239 (Rev.05/05) Page 3 of 3
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
❑ County
❑ City of DANBY
" Town
❑ Village
Local Law No. 1 of the year 20 07
A local law THE
ADMINISTWA )ION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM
FIRE PREVENTION AND BUILDINGC- CODF
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
❑ County
❑ City of DANBY as follows:
XTown
❑ Village
Town of Danby Local Law No. 1 of 2007 -Adopted by the Town Board on Monday,
February 12, 2007.
A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 1984, PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM
FIRE PREVENTION AND BUILDING CODE
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Town of Danby Local Law No. 3 of 1984, adopted by the Town Board of the
Town of Danby on December 27, 1984, is hereby amended to read as set forth in the following
sections.
(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
Section 2. The entire text of Local Law No. 3 of 1984 is hereby deleted, and is replaced with
the text which follows:
" SECTION 1. PURPOSE AND INTENT.
This local law provides for the administration and enforcement of the New York State Uniform
Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in the Town of Danby. 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 any section of this local law, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this local law.
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 Compliance" shall mean a certificate issued pursuant to Section 7 of this local
law.
"Certificate of Occupancy" shall mean a certificate issued pursuant to Section 7 of this local
law.
"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to
Section 3 of this local law.
"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors.
"Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to
Section 16 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 Section 3 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.
2
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
❑ County
❑ City of DANBY
Town
❑ Village
Local Law No. 1 of the year 20 07
A local law AMFNDING IOCAL LAW NO. 3 OF 1984, PROVIDING FOR THE
ADMINISi1A?)ION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM
FIRE PREVENT InN awn BIIII nlNr. C'aDF
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
❑ County
❑ City of DANBY as follows:
Town
❑ Village
Town of Danby Local Law No. 1 of 2007-Adopted by the Town Board on Monday,
February 12, 2007.
A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 1984, PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM
FIRE PREVENTION AND BUILDING CODE
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Town of Danby Local Law No. 3 of 1984, adopted by the Town Board of the
Town of Danby on December 27, 1984, is hereby amended to read as set forth in the following
sections.
Of additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239 (Rev.05/05) Page 1 of 3
Section 2. The entire text of Local Law No. 3 of 1984 is hereby deleted, and is replaced with
the text which follows:
" SECTION 1. PURPOSE AND INTENT.
This local law provides for the administration and enforcement of the New York State Uniform
Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in the Town of Danby. 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 any section of this local law, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this local law.
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 Compliance" shall mean a certificate issued pursuant to Section 7 of this local
law.
"Certificate of Occupancy" shall mean a certificate issued pursuant to Section 7 of this local
law.
"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to
Section 3 of this local law.
"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors.
"Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to
Section 16 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 Section 3 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.
2
"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 Section 7 of this local law.
"Town" shall mean the Town of Danby, Tompkins County,New York.
"Town Board" shall mean the Town Board of the Town of Danby.
"Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
"Zoning Ordinance of the Town of Danby" shall include all amendments thereof and
regulations related thereto which the Town may adopt 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, Certificates of Compliance, 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,
Certificates of Compliance, Temporary Certificates and Operating Permits; and to include in the
issuance of same, 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, Certificates of Compliance, 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;
(4) to issue Stop Work Orders;
3
(5)to review and investigate complaints;
(6) to issue Compliance Orders;
(7)to maintain records;
(8)to collect fees as set forth from time to time by the Town Board;
(9)to pursue administrative enforcement actions and proceedings;
(10) in consultation with the Town's Attorneys, 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 Town Supervisor with the approval
of the Town Board. The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention and shall, within the time prescribed by law, obtain
such basic training, in-service training, advanced in-service training and other training as the
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 Supervisor with the approval of 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 by the Town Supervisor with the approval of 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.
(e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time
to time by the Town Board.
4
(f) The Code Enforcement Officer may, at his/her discretion, accept and rely upon written reports
of tests in the field by licensed design professionals,by accredited and authoritative testing
laboratories, or service and inspection bureaus and agencies.
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;
(9)painting, wallpapering, tiling, carpeting, or other similar finish work;
5
(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
loadbearing 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
scope of the proposed work; (ii) are prepared by a New York State registered architect or
licensed professional engineer where so required by the Education Law; (iii) indicate with
sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the
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
6
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) Compliance with other laws, ordinances, rules, and regulations. No building permit shall
be issued which would be in violation of any provision of the Zoning Ordinance of the Town of
Danby, the rules and regulations of the State of New York, or the Tompkins County Sanitary
Code.
(g) Issuance of Building.Permits. An application fora 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.
(h) 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.
(i) 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.
(j) Time limits. Building Permits shall become invalid unless the authorized work is _
commenced within 6 months following the date of issuance. Building Permits shall expire 12
months after the date of issuance. A Building Permit which has become invalid or which has
expired pursuant to this subdivision may be renewed upon application by the Permit Holder,
payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
7
(k) 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.
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, reinspected, and found satisfactory as completed.
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
8
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 certified mail, and by posting a
copy of such order upon a conspicuous portion of the premises to which the notice applies. 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, by any of the manners of service specified for the owner or
Permit Holder; 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.
(e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy
available to address any event described in subdivision(a) of this section, and the authority to
issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the
right and authority to pursue any other remedy or impose any other penalty under Section 16
(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, TEMPORARY CERTIFICATES,
AND CERTIFICATES OF COMPLIANCE .
9
(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 subclassification to
another. Permission to use or occupy a building or structure, or portion thereof, for which a
Building Permit was previously issued shall be granted only by issuance of a Certificate of
Occupancy.
(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 subclassification to another complies with all applicable provisions
of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector
authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to
the issuance of a Certificate of Occupancy. 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;
(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
10
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 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) Certificate of Compliance. The Code Enforcement Officer shall be permitted to issue a
Certificate of Compliance for preexisting structures for which a Certificate of Occupancy was not
previously issued, such as for older structures which predate the implementation of the Uniform
Code; or for which a request for an updated inspection is made for a structure with a preexisting
Certificate of Occupancy. In such events, the Code Enforcement Officer or an Inspector
authorized by the Code Enforcement Officer shall inspect the structure, and may require
improvements to meet applicable provisions of the Uniform Code. In issuing a Certificate of
Compliance, the Code Enforcement Officer may qualify the Certificate by indicate any
limitations of the inspection of the structure such as when structural or other system elements are
not readily observable.
(f) Compliance with other laws, ordinances, rules, and regulations. No Certificate of
Occupancy, Temporary Certificate, or Certificate of Compliance shall be issued which would be
in violation of any provision of the Zoning Ordinance of the Town of Danby, the rules and
regulations of the State of New York, or the Tompkins County Sanitary Code.
(g) Revocation or suspension of Certificates. If the Code Enforcement Officer determines that
a Certificate of Occupancy, Temporary Certificate, or Certificate of Compliance 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.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing fire fighting services for a property within the Town
shall promptly notify the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel burning appliance, chimney or gas vent.
11
SECTION 9. UNSAFE BUILDING AND STRUCTURES.
Unsafe structures and equipment in this Town not otherwise identified in or addressed by the
provisions of this local law shall be identified and addressed in accordance with the procedures
established by Town of Danby Local Law Number 4 of 2000, "A Local Law Providing for the
Repair or Removal of Unsafe Buildings and Collapsed Structures" as now in effect or as
hereafter amended from time to time.
SECTION 10. OPERATING PERMITS.
(a) Operating Permits required. Operating Permits shall be required for conducting the
activities or using the categories of buildings listed below. 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.
(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 devices 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 from time to time by the Town Board.
(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.
(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
12
Permit.
(d) Multiple Activities. In any circumstance in which more than one activity listed in
subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may
require a separate Operating Permit for each such activity, or the Code Enforcement Officer may,
in his or her discretion, issue a single Operating Permit to apply to all such activities.
(e) Duration of Operating Permits. Operating permits shall be issued for such period of time,
not to exceed one year in the case of any Operating Permit issued for an area of public assembly
and not to exceed three years in any other case, as shall be determined by the Code Enforcement
Officer to be consistent with local conditions. The effective period of each Operating Permit shall
be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon
application to the Code Enforcement Officer,payment of the applicable fee, and approval of such
application by the Code Enforcement Officer.
(f) Compliance with other laws, ordinances, rules, and regulations. No Operating Permit
shall be issued which would be in violation of any provision of the Zoning Ordinance of the
Town of Danby, the rules and regulations of the State of New York, or the Tompkins County
Sanitary Code.
(g) Revocation or suspension of Operating Permits. If the Code Enforcement Officer
determines that any activity or building for which an Operating Permit was issued does not
comply with any applicable provision of the Uniform Code, the Zoning Ordinance of the Town
of Danby, the rules and regulations of the State of New York, or the Tompkins County Sanitary
Code, then such Operating Permit shall be revoked or suspended.
(h) Fee. The fee specified in or determined in accordance with the provisions set forth in Section
17 (Fees) of this local law must be paid at the time submission of an application for an Operating
Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
SECTION 11. REQUIREMENT FOR VARIANCE.
Where any proposed construction, alteration, or use would be in violation of the Uniform Code
or Energy Code, no Building Permit, Certificate of Occupancy, Temporary Certificate, Certificate
of Compliance, or Operating Permit shall be issued except pursuant to the written order of the
appropriate authority of New York State pursuant to Part 1205 of Title 19 of the New York Code
of Rules and Regulations ("NYCRR")..
SECTION 12. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS.
13
(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 in an
interval consistent with local conditions, and not to exceed 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 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 Office 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.
SECTION 13. 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 and
enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint
14
shall include any of the following steps as the Code Enforcement Officer may deem to be
appropriate:
(a) performing an inspection of the conditions and/or activities alleged to be in violation, and
documenting the results of such inspection;
(b) if a violation is found to exist, providing the owner of the affected property and any other
Person who may be responsible for the violation with notice of the violation and opportunity to
abate, correct or cure the violation, or otherwise proceeding in the manner described in Section
16 (Violations) of this local law;
(c) if appropriate, issuing a Stop Work Order or a Compliance Order; or
(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 14. RECORD KEEPING.
(a) The Code Enforcement Officer shall keep permanent official records of all transactions and
activities conducted by all Code Enforcement Personnel, including records of:
(1) all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates, Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all other features and activities specified in or contemplated by Sections 4 through 13
inclusive of this local law; and
(9) all fees charged and collected.
(b) All such records shall be public records open for public inspection during normal business
15
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 15. PROGRAM REVIEW AND REPORTING.
(a) The Code Enforcement Officer shall monthly 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 14 (Record
Keeping) of this local law and a report and summary of all appeals or litigation pending or
concluded.
(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of
the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town
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
the Town is required to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of the Town in connection with administration and
enforcement of the Uniform Code.
SECTION 16. 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 to be served in the same manner as provided for the service of
Stop Work Orders in Section 6 (Stop Work Orders) of this local law. 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 by a similar manner of service; provided, however, that failure to serve any
Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.
16
(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, Certificate of
Compliance, Temporary Certificate, Operating Permit, Stop Work Order, Compliance Order, 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 continues. The civil penalties provided by this subdivision shall be
recoverable in an action instituted in the name of the Town.
(d) Injunctive Relief. An action or proceeding may be instituted in the name of the Town in a
court of competent jurisdiction, to prevent, restrain, enjoin, correct, remove, 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, Temporary
Certificate, Certificate of Compliance, Operating Permit, Stop Work Order, Compliance Order,
or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this
local law. No action or proceeding described in this subdivision shall be commenced without the
appropriate authorization from the Town Board.
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 17: FEES.
A fee schedule shall be established by resolution of the Town Board. Such fee schedule may
thereafter be amended from time to time by like resolution of the Town Board. 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, Certificates of Compliance, Operating Permits, Fire Safety and Property
17
Maintenance inspections, and other actions of the Code Enforcement Officer described in or
contemplated by this local law.
SECTION 18. INTERMUNICIPAL AGREEMENTS.
The Town Board may, by resolution, authorize that the Town Supervisor enter into an agreement
with other governments to carry out the terms of this local law, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of
the NYCRR, or any other applicable law.
SECTION 19. PARTIAL INVALIDITY.
If any section or provision of this local law is found to be invalid by any court of competent
jurisdiction, such invalidity shall not affect any other section or provision thereof.
SECTION 20. EFFECTIVE DATE.
This local law shall take effect immediately upon filing in the office of the New York State
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law."
A:\FINALAmendedCodeEnforcementLaw.wpd
18
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that 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. 1 of 2007 of
the (County)(City)(Town)(Village)of DA.NBY was duly passed by the
TOWN BOARD on February 12p 2007 , 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)
(Name of Legislative Body)
(repassed 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
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general)election held on 20 , 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 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal 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 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.)
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, a was finally opted in the manner indicated in
paragraph , above. � � Q/� �
ai W rLev
Clerk of e county legis tive bp:ye City,Town or Village Clerk or
officer designated by local legis ative body
(Seal) Date: elf Ccavcf _a_ 0
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF 'j lIYY_tP_��.. .s
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.
Signature
Title
County
Cityof
Town
Village
Date:
DOS-239 (Rev.05/05) Page 3 of 3
/
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
❑ County
❑ City of DANBY
'. Town
❑ Village
Local Law No. 1 of the year 20 01
A local law AMEN.DINf LOCAL_LAW N_O._3 QF 1984,. PROVIDING FOR THE
ADMINIS'1 A ION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM
FIRE PR E-V-E-N-T-IA.N—AEI D—BU-I-L QI_N_—CODF
Be it enacted by the TOWN BOARD of the
7Name of Legislative Body)
❑ County
❑ City of DANBY as follows:
;* Town
❑ Village
Town of Danby Local Law No. 1 of 2007 - Adopted by the Town Board on Monday,
February 12, 2007.
A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 1984, PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM
FIRE PREVENTION AND BUILDING CODE
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Town of Danby Local Law No. 3 of 1984, adopted by the Town Board of the
Town of Danby on December 27, 1984, is hereby amended to read as set forth in the following
sections.
(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
Section 2. The entire text of Local Law No. 3 of 1984 is hereby deleted, and is replaced with
the text which follows:
" SECTION 1. PURPOSE AND INTENT.
This local law provides for the administration and enforcement of the New York State Uniform
Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in the Town of Danby. 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 any section of this local law, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this local law.
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 Compliance" shall mean a certificate issued pursuant to Section 7 of this local
law.
"Certificate of Occupancy" shall mean a certificate issued pursuant to Section 7 of this local
law.
"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to
Section 3 of this local law.
"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors.
"Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to
Section 16 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 Section 3 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.
2
"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 Section 7 of this local law.
"Town" shall mean the Town of Danby, Tompkins County, New York.
"Town Board" shall mean the Town Board of the Town of Danby.
"Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
"Zoning Ordinance of the Town of Danby" shall include all amendments thereof and
regulations related thereto which the Town may adopt 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, Certificates of Compliance, 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,
Certificates of Compliance, Temporary Certificates and Operating Permits; and to include in the
issuance of same, 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, Certificates of Compliance, 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;
(4) to issue Stop Work Orders;
3
(5) to review and investigate complaints;
(6) to issue Compliance Orders;
(7) to maintain records;
(8) to collect fees as set forth from time to time by the Town Board;
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with the Town's Attorneys, 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 Town Supervisor with the approval
of the Town Board. The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention and shall, within the time prescribed by law, obtain
such basic training, in-service training, advanced in-service training and other training as the
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 Supervisor with the approval of 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 by the Town Supervisor with the approval of 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.
(e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time
to time by the Town Board.
4
(f) The Code Enforcement Officer may, at his/her discretion, accept and rely upon written reports
of tests in the field by licensed design professionals, by accredited and authoritative testing
laboratories, or service and inspection bureaus and agencies.
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
ILIA 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;
(9) painting, wallpapering, tiling, carpeting, or other similar finish work;
5
(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
loadbearing 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
scope of the proposed work; (ii) are prepared by a New York State registered architect or
licensed professional engineer where so required by the Education Law; (iii) indicate with
sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the
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
6
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) Compliance with other laws, ordinances, rules, and regulations. No building permit shall
be issued which would be in violation of any provision of the Zoning Ordinance of the Town of
Danby, the rules and regulations of the State of New York, or the Tompkins County Sanitary
Code.
(g) 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.
(h) 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.
(i) 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.
(j) Time limits. Building Permits shall become invalid unless the authorized work is
commenced within 6 months following the date of issuance. Building Permits shall expire 12
months after the date of issuance. A Building Permit which has become invalid or which has
expired pursuant to this subdivision may be renewed upon application by the Permit Holder,
payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
7
(k) 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.
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, reinspected, and found satisfactory as completed.
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
8
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 certified mail, and by posting a
copy of such order upon a conspicuous portion of the premises to which the notice applies. 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, by any of the manners of service specified for the owner or
Permit Holder; 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.
(e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy
available to address any event described in subdivision (a) of this section, and the authority to
issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the
right and authority to pursue any other remedy or impose any other penalty under Section 16
(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, TEMPORARY CERTIFICATES,
AND CERTIFICATES OF COMPLIANCE .
9
(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 subclassification to
another. Permission to use or occupy a building or structure, or portion thereof, for which a
Building Permit was previously issued shall be granted only by issuance of a Certificate of
Occupancy.
(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 subclassification to another complies with all applicable provisions
of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector
authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to
the issuance of a Certificate of Occupancy. 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;
(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
10
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 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) Certificate of Compliance. The Code Enforcement Officer shall be permitted to issue a
Certificate of Compliance for preexisting structures for which a Certificate of Occupancy was not
previously issued, such as for older structures which predate the implementation of the Uniform
Code; or for which a request for an updated inspection is made for a structure with a preexisting
Certificate of Occupancy. In such events, the Code Enforcement Officer or an Inspector
authorized by the Code Enforcement Officer shall inspect the structure, and may require
improvements to meet applicable provisions of the Uniform Code. In issuing a Certificate of
Compliance, the Code Enforcement Officer may qualify the Certificate by indicate any
limitations of the inspection of the structure such as when structural or other system elements are
not readily observable.
(f) Compliance with other laws, ordinances, rules, and regulations. No Certificate of
Occupancy, Temporary Certificate, or Certificate of Compliance shall be issued which would be
in violation of any provision of the Zoning Ordinance of the Town of Danby, the rules and
regulations of the State of New York, or the Tompkins County Sanitary Code.
(g) Revocation or suspension of Certificates. If the Code Enforcement Officer determines that
a Certificate of Occupancy, Temporary Certificate, or Certificate of Compliance 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.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing fire fighting services for a property within the Town
shall promptly notify the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel burning appliance, chimney or gas vent.
11
SECTION 9. UNSAFE BUILDING AND STRUCTURES.
Unsafe structures and equipment in this Town not otherwise identified in or addressed by the
provisions of this local law shall be identified and addressed in accordance with the procedures
established by Town of Danby Local Law Number 4 of 2000, "A Local Law Providing for the
Repair or Removal of Unsafe Buildings and Collapsed Structures" as now in effect or as
hereafter amended from time to time.
SECTION 10. OPERATING PERMITS.
(a) Operating Permits required. Operating Permits shall be required for conducting the
activities or using the categories of buildings listed below. 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.
(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 devices 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 from time to time by the Town Board.
(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.
(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
12
Permit.
(d) Multiple Activities. In any circumstance in which more than one activity listed in
subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may
require a separate Operating Permit for each such activity, or the Code Enforcement Officer may,
in his or her discretion, issue a single Operating Permit to apply to all such activities.
(e) Duration of Operating Permits. Operating permits shall be issued for such period of time,
not to exceed one year in the case of any Operating Permit issued for an area of public assembly
and not to exceed three years in any other case, as shall be determined by the Code Enforcement
Officer to be consistent with local conditions. The effective period of each Operating Permit shall
be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon
application to the Code Enforcement Officer, payment of the applicable fee, and approval of such
application by the Code Enforcement Officer.
(f) Compliance with other laws, ordinances, rules, and regulations. No Operating Permit
shall be issued which would be in violation of any provision of the Zoning Ordinance of the
Town of Danby, the rules and regulations of the State of New York, or the Tompkins County
Sanitary Code.
(g) Revocation or suspension of Operating Permits. If the Code Enforcement Officer
determines that any activity or building for which an Operating Permit was issued does not
comply with any applicable provision of the Uniform Code, the Zoning Ordinance of the Town
of Danby, the rules and regulations of the State of New York, or the Tompkins County Sanitary
Code, then such Operating Permit shall be revoked or suspended.
(h) Fee. The fee specified in or determined in accordance with the provisions set forth in Section
17 (Fees) of this local law must be paid at the time submission of an application for an Operating
Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
SECTION 11. REQUIREMENT FOR VARIANCE.
Where any proposed construction, alteration, or use would be in violation of the Uniform Code
or Energy Code, no Building Permit, Certificate of Occupancy, Temporary Certificate, Certificate
of Compliance, or Operating Permit shall be issued except pursuant to the written order of the
appropriate authority of New York State pursuant to Part 1205 of Title 19 of the New York Code
of Rules and Regulations ("NYCRR")..
SECTION 12. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS.
13
(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 in an
interval consistent with local conditions, and not to exceed 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 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 Office 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.
SECTION 13. 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 and
enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint
14
shall include any of the following steps as the Code Enforcement Officer may deem to be
appropriate:
(a) performing an inspection of the conditions and/or activities alleged to be in violation, and
documenting the results of such inspection;
(b) if a violation is found to exist, providing the owner of the affected property and any other
Person who may be responsible for the violation with notice of the violation and opportunity to
abate, correct or cure the violation, or otherwise proceeding in the manner described in Section
16 (Violations) of this local law;
(c) if appropriate, issuing a Stop Work Order or a Compliance Order; or
(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 14. RECORD KEEPING.
(a) The Code Enforcement Officer shall keep permanent official records of all transactions and
activities conducted by all Code Enforcement Personnel, including records of:
(1) all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates, Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all other features and activities specified in or contemplated by Sections 4 through 13
inclusive of this local law; and
(9) all fees charged and collected.
(b) All such records shall be public records open for public inspection during normal business
15
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 15. PROGRAM REVIEW AND REPORTING.
(a) The Code Enforcement Officer shall monthly 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 14 (Record
Keeping) of this local law and a report and summary of all appeals or litigation pending or
concluded.
(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of
the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town
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
the Town is required to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of the Town in connection with administration and
enforcement of the Uniform Code.
SECTION 16. 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 to be served in the same manner as provided for the service of
Stop Work Orders in Section 6 (Stop Work Orders) of this local law. 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 by a similar manner of service; provided, however, that failure to serve any
Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.
16
•
(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, Certificate of
Compliance, Temporary Certificate, Operating Permit, Stop Work Order, Compliance Order, 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 continues. The civil penalties provided by this subdivision shall be
recoverable in an action instituted in the name of the Town.
(d) Injunctive Relief. An action or proceeding may be instituted in the name of the Town in a
court of competent jurisdiction, to prevent, restrain, enjoin, correct, remove, 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, Temporary
Certificate, Certificate of Compliance, Operating Permit, Stop Work Order, Compliance Order,
or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this
local law. No action or proceeding described in this subdivision shall be commenced without the
appropriate authorization from the Town Board.
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 17: FEES.
A fee schedule shall be established by resolution of the Town Board. Such fee schedule may
thereafter be amended from time to time by like resolution of the Town Board. 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, Certificates of Compliance, Operating Permits, Fire Safety and Property
17
Maintenance inspections, and other actions of the Code Enforcement Officer described in or
contemplated by this local law.
SECTION 18. INTERMUNICIPAL AGREEMENTS.
The Town Board may, by resolution, authorize that the Town Supervisor enter into an agreement
with other governments to carry out the terms of this local law, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of
the NYCRR, or any other applicable law.
SECTION 19. PARTIAL INVALIDITY.
If any section or provision of this local law is found to be invalid by any court of competent
jurisdiction, such invalidity shall not affect any other section or provision thereof.
SECTION 20. EFFECTIVE DATE.
This local law shall take effect immediately upon filing in the office of the New York State
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law."
A:\FINALAmendedCode En forcementLaw.wpd
18
o'y
(A ?1py
I 1 -6�i 53'1 ::1
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
ELIOT SPITZER
GOVERNOR
LORRAINE A. CORAZQUEZ
SECRETARY OF F STATE STATE
April 4, 2007
Carol Sczepanski, Town Clerk
Town of Danby
1830 Danby Rd
Ithaca NY 14850-9419
RE: To of Danby, Local Law 1 & 2
2007, filed on 3/2/07
Dear Sir/Madam:
The above referenced material was received and file d by this office as indicated.
Additional local law filing forms can be obtained from
our website www.dos.state.n .us.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
�c$/LFD
r O 92007
Or,> ;
WWW.DOS.STATE.NY,US • E-MAIL:INFO@DOS.STATE.NY,US
TOMPKINS �`
COUNTY ti
r
a U
` T N OF DAN BY - TOMPKINS COUNTY
TOWN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850 Q
TO: Kimberly Rothman
FROM: Carol W. Sczepanski, Town Clerk
DATE: February 22, 2007
RE: Local Laws No. 1 and 2 of 2007
Enclosed are three (3) copies of Local Law No. 1 and No. 2
One Copy for you, one for me, and one to send to New York State.
I have also enclosed an envelope for mailing to the State.
I included 'copies of the Publication for public hearings, and the
passing resolutions by our Town Board, copy of today's publication
(no affidavit has been received at this time) .
Please sign the Local Law Filing copies and return one to me.
Thanks
Carol S.
Enclosures
Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbvtownclk @aol.com
0.
TOWN OF DANBY
RESOLUTION NO 27 OF 2007
ADOPTION OF LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 1984, PROVIDING
FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE
UNIFORM FIRE PREVENTION AND BUILDING CODE
By Councilperson Nolte: Seconded by Councilperson Beavers
WHEREAS, this action is to Consider Enactment of a Local Law Amending Local Law No. 3 of
1984, Providing for the Administration and Enforcement of the New York State Uniform fire
Prevention and Building Code; and
WHEREAS, this is a SEQRA Type II action for which the Town Board of the Town of Danby is
acting as Lead Agency in environmental review, and for which no further environmental review is
required; and
WHEREAS,the Town Board of the Town of Danby on February 12,2007 has held a public hearing
to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal;
NOW, THEREFORE IT IS
RESOLVED, that the Town Board of the Danby adopts Local Law Number 1 of 2007, entitled
"A Local Law Amending Local Law No. 3 of 1984, Providing for the Administration and
Enforcement of the New York State Uniform Fire Prevention and Building Code", a copy of which
is attached hereto and made a part of this Resolution; and it is
FURTHER RESOLVED,that the Town Clerk be and she hereby is directed to enter sail local law
into the minutes of this meeting and in the local law book of the Town of Danby, to publish a copy
of said law as required by law, and to give due notice of adoption of said local law to the Secretary
of State of the State of New York.
A roll call vote on the resolution resulted as follows:
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County
of Tompkins, State of New York,hereby certify that the forgoing resolution is a true and exact copy
of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held
on the 12th day of February 2007.
of
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this
14th day of February 2007.
(41../k1.117aeitk/T.
P
Carol W. Scze anskin Clerk
eV
ip
trc - �f6
f 0
lll✓✓✓ 1 J ''SS,
AFFIDAVIT OF PUBLICATJoN
The Ithaca .
JOURNAL TOWN OF DANBY
LEGAL NOTICE-
.
'ADOPTION OF LOCAL • -
LAW NO. 1 of 2007 •
'NOTICE I5'HEREBY GIV-
State of New York,Tompkins County, ss.: EN,that at a Regular Meet-.I
�
ing held, , day of
February, 2007, th 7, the Town'
IA ( _ being duly sworn, deposes and Board of the Town of
,Danby duly adopted a lo-
says that she/he resides in Ithaca, county and state aforesaid and that LAWIPROVIDIN cFO°mE
ADMINISTRATION AND
she/he is Clerk of The Ithaca NEW RYORKNSTATTE.UNI-
FORM FIRE PREVENTION
Journal a public newspaper printed and published in Ithaca aforesaid AND BUILDING CODE.'
SUMMARY OF '
and that a notice of which the annexed is a true copy was published LOCAL LAW v s
yThe amended law provides
for the administration•and
In said paper enforcement of the Uniform
Code as well as the State
// 'Energy Conservation Con-
�g2 ..3-D O`� ;struction Code (the'Energy
I I Code) in the Town of •
• I Danby by establishment of
I the office of Code Enforce
t Officer,whose duty it
shall be to administer and
enforce all the provisions of
N.,& the Uniform Code,the Ener-
and that the first publication of said notice was on the gy Code and the terms of
this amended local law.
day of 4j 1 IThe Code Enforcement Offi-
�a. �r�o—vy ?��o� ,cer shall be responsible for_
�� C ` W issuance of Building Per-:
� \, •mits, Certificates of Occu-'
. `�1 pancy,Certificates of Com
� pliance,.Tem ovary Certifi-;
Subscribed and sworn to before me this �3 ( da\ of cotes' and Operating Per-
. /� the and shall pe review all ns
/ & iD the plans, specifications•'
C� and fitted with documents-
submitted appts''
submitted with such appli-
cations. The Code Enforce-
ment Officer may issue
•
Stop Work Orders, pursue
administrative enforcement
U—„� 'actions and proceedings'
and, in consultation with'
Notary Public the Town's Attorneys, pur-.'
sue such legal actions and
'proceedings-as, may be ,
JEAN FORD necessary to enforce. the
.Uniform code, the Energy
Notary Public, Mate Ot NQW York 'Code and this amended lo-
;cal:law. -. - _.
No.4654410 The-amended law con-'
tains the full set of rules and
Qualified in Tompkins County requirements related to ap '
plication for issuance of
Commission Expires hay 31,
20
and compliance with Build=
ing Permits,Stop Work Or-
ders,'Certificates of Occu-.
'pancy.. Temporary Certifi-
Icates of Occupancy,Certifi-
cates of Compliance, and
Operating.Permits as well
as the rules and require
ments for 'construction in-`
spections, fire inspections,
fire safety and property
maintenance 'inspections
1 and notification regarding'
fire.or explosion, and the I
procedure for bringing•
complaints regarding viola-
(•tions of the Uniform Code,,
Energy Code or this amend-'
ed law. This proposed
amended law also sets forth
the record keeping and re-
porting requirements of the
'Code Enforcement Officer
and the means by which a
fee schedule for the forego-
ing permits,certificates and
inspections"shall be estab-
lished by the Town. '
The full text of this amend
ment to Local Law No.3 of
I ,.. I 1984 is-on file in the Office
� � of the Clerk of the Town of
Danby, located at 1830
Danby Road.
Carol W.Scze P anski
Town Clerk,
Il..+ A. F.4....—.on �11n7
r � i
TOWN OF DANBY
•
LEGAL NOTICE- E
ADOPTION OF LOCAL
1" LAW NO.1'of 2007 c
i NOTICE IS 'HEREBY GIV-
EN that of a-Regular Meet-'C
-ing held on the''I2th day of-
I February, 2007; the(Town
Board of the Town of
f Danby duly adopted:a-lo- -
; cal law entitled: LOCAL
LAW PROVIDING FOR THE
r ADMINISTRATION AND
(:) 1
ENFORCEMENT OF THE
NEW YORK STATE UNI
' FORM FIRE'PREVENTION, AND BUILDI NG CO DE.
"
SUMMARY OF
LOCAL LAW
' The amended law rovides
' for the administration and
t enforcement of the Uniform
Code as well as the State
Energy Conservation Con-
struction.Code the Energy
Code) in the Town of
•
Denby by establishnient of
the office of Code Enforce-
ment Officer,.whose duty it
n"(\� shall be to administer and
enforce all the provisions of
c .the Uniform Code,the Ener-
gy Code and the terms of
I The Code Enforcement Offi-
I cer shall be responsible for.
issuance of Building Per-
mits,.Certificates of Occu-
pancy,Certificates of Com-.
pliance, Temporary .Certifi-
cates and Operating Per-
mits and shall review all of
the. plans, specifications
and construction documents
submitted with such appli-
cations. The Code Enforce-
ment Officer may issue
Stop Work Orders, pursue
administrative enforcement•
actions and proceedings'
•and,, in consultation with
the Town's Attorneys, pur-I
sue such legal actions and
.proceedings as may be
necessary to enforce the
Uniform code, the,Energy
Code and this amended fo-
cal law. -
The amended law'con-'
tains the full set of rules and
requirements related to ap-
plication for issuance of
fand compliance with Build".
ing Permits,Stop Work Or-
ders, Certificates of Occu-
pancy. •Temporary Certifi-
I_cates of Occupancy,Certifi-
cates of Compliance, and
Operating Permits,as well
as'the rules and require-
• ments for construction in-*t.
spections, fire inspections,
r fire safety and property
maintenance inspections at
. and notification regarding
I fire or explosion, and the
procedure •for bringing
complaints regarding viola-•tions of the Uniform Code,
Energy Code or this amend
ed raw.' This 'proposed r-
amended law also sets forth
'the record keeping and re-
porting requirements of the
'Code Enforcement Officer
and the means by which a
fee schedule for the forego-
ing permits,certificates and
inspections shall'be estab-
lished by the Town.
• The full text of this amend',,
merit to Local Law No.3 of
i 1984 is on file in the Office'
I of the Clerk of the Town of
Danbyy Road.located at -1830
Carol W.Sczepanskr ' ef
Town Clerk
Dated: February 20,2007 i
Publish:February-22,2007 $
mpaemigimummiwomary
AFFIDAVIT OF PUBLICATION
The Ithaca _ __,
JOURNAL TOWN OF DANBY
NOTICE OF
PUBLIC HEARING ON
PROPOSED TOWN OF
DANBY LOCAL LAW '
AMENDMENT
PLEASE TAKE NOTICE
that the Town Board of the
State of New York,Tompkins County, ss.: Town of Danby will hold a suance of,and compliance)
ublic hearing at 1830, with, Building Permits,'
V .,w.k 0 -\ G am` N being duly sworn, deposes and Danby Road Ithaca, Newt Stop Work Orders,Certift
I York, on February 12, cotes Of'Occupancy, Tem-q
2007 at 6:30 p.m.,to , Certificates of Oc-'
hear all comments of inter-i p orary='
says that she/he resides in Ithaca, county and state aforesaid and that I ested persons related to a cupbncy, Certificates of.
y ! proposed .amendment to i Comp Ilance, and Operat-
Local Law No.3 of 1984,I ing Permits,as well as for
she/he is Clerk of The Ithaca ; entitled "Local Law Provid- cons iucti nequiremect ,'
ing for the Administration !fire safety inspections,roprty'
' and Enforcement of the maintenance safety and property,
Journal a public newspaper printed and published in Ithaca aforesaid maintenance inegardng
p I New York State-Uniform
Fire Prevention-and"Build- one_or xplosio ,regarding
and that a notice of which the annexed is a true copy was published ing Code." Under the, procedure re er eplofor and ing
terms of the proposed I , omplants regarding.bringing
in said paper
amendment, Local Law' )lotions of the . Unform';
No. 3 of 1984 would be ,Code,Energy Code or this
deleted in its entirety and( ;amended law. This pro-
/ (. ,o o replaced with amended,
text, which is intended to l i setse orthnthe record keep
comply with the State of 1 'ing and reporting required
New York's newly adopt- 1 ments of the Code Enforce
ed revisions to Part 1203 I meet Officer and theI
of Title 19 of the New I means by which a fee
York Code of Rules and ,schedule for the foregoing
Regulations establishing permits,certificates and in-1
minimum standards for ad- spections shall be estab-I
and that the first publication of said notice was on the 3 ministration and enforce lished by the Town.
ment of the New York Uni-
form Fire Prevention and The full text of this pro-
day of cs.Y,'yC._ c9 J~� Building Code (the osed amendment to•Local JJ
"Uniform Code"). ;Law No. 3 of 1984 is on I
G The proposed amended file in the Office of the ,
��- law provides for the ad-i 'Clerk of the Town of i
j ministration and enforce
Danby, located at 1830 i
Subs ;bed and savor Ito befo.e\_:::: :::th 11. Of ment of the Uniform Code I 1Danby Road and is availa;'
as well as the State Energy 1 i ble for review by all mem-1
'tom_ . , _ Conservation Construction! hers on the public, Tues 1
t Oj� • Code(the Energy Code)in !day through Friday be-
the Town of Danby by es-' I tween the hours of 9:00 i
tablishment of the office of I a.m. and 4:00 p mo., and
Code Enforcement Officer, 'Saturday from 9:0 a.m.
whose duty it shall be to :to Noon.
—R___,19_2L__ec2_,__,
I administer and enforce all By order of the
the provisions of the Uni- Town Board
form Code, the Energy Carol W.Sczepanski'
Code and the terms of this Dated:
NOtary Public I amended local law. The, January 29,2007
Code Enforcement Officer,
JEAN FORD i shall be responsible for is- Publish:
suance of Building Permits, 1 January 31,2007
Notary Public, State of New York (Certificates of Occupancy,' `�
No.4654410
Certificates• of. Compli
once, Temporary Certifi-'
Qualified in Tompkins Counter mite and s Operating Per
mits and shall review all of
Commission Expires May 31,20 2_ the plans, cpcifications
and construction docu-
ments submitted with such
aforpplications. The Code,
•
Encement Officer may
impose conditions on the)
issuance of such Permits]
and certificates. Further-
more, the Code Enforce]
ment Officer may issue!
Stop Work Orders,pursue
administrative enforcement;
actions and proceedings1
/\Ndf;As'N-
cs and, in consultation with)
the Town's Attorneys, pur-
, n �1-. sue such legal actions and l
T �? �� proceedings as may be I
L7 necessary to enforce the;
�� ?0,r, Uniform Code the Energy,
Code and this amended J
JA`T > local law. l
The proposed amended;
l•-;) / law contains the full set of
y" rules and requirements re
�
lated to application for, is-1
</SI"5
.T,,ompk1,10S.oun ty
TWA 4 it*DEPARTMsEN F OF PLrANNING
t► d ‘ V,---- 1§ 6 1:1
121 East''Court Street 1
Edward C.Marx,AICP Ithaca,aNew Y)p. 14850
Commissioner of Planning \ * '' Telephone(607) 274-5560
and Public Works * Fax (607) 274-5578
December 21, 2006
Ms. Susan Beeners, Code Enforcement Officer
Town of Danby
1830 Danby Road
Ithaca,NY 14850-9419
Re: Review Pursuant to §239 -1 and-m of the New York State General Municipal Law
Action: Local Law Amending the Zoning Ordinance of the Town of Danby Related to Permits to Build,
Board of Appeals, and Planning Board
Dear Ms. Beeners:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal
Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-
community, or county-wide impacts.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
/ �4. T
Edward C. Marx, AICP
Commissioner of Planning
and Public Works
•