HomeMy WebLinkAbout1987 LL 14 - Change Code to Refer to New NYS Bldg Code (Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as.amended. Do not include matter being
eliminated and do not use Italics or underlining to indicate new matter.
of..................... : .....»Ithaca.............».»:»...» .....»........................
Town
Local Lawrr:..:.,. »..»..:.»».?:4_. __ .... .»..__4f the-year 19
A local lair. TO..AMEND TOWN OF ITHACA LOCAL LAW NO. 1 FOR THE YEAR 1981
»»».......».....»..».........»..................................»».........
CHANGING THE REFERENCE FROM THE STATE FIRE PREVENTION CODE TO
THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
AND' AMENDING THE ENFORCEMENT AND ADMINISTRATIVE PROVISIONS
Be it enacted by tl,e ............................Town. .Board............ .».....
... ........ .....»..».»...........................................of.thn
.....
Townof........»...........»...»...............................»Ithaca....»...»»»...»...».......»._. »»..»....».................. as follows:
Local Law No. 1 of the Town of Ithaca for the year 1981 entitled "A
Local Law to Adopt the New York State Fire Code" is hereby amended as
follows:
1. Section 1 of said local law is.amended to read as follows:
"Section 1. Applicability. ' '
This local law shall provide the basic method for administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (hereinafter referred to as the "Building Code") in
the Town of Ithaca, and shall establish powers, duties, and
responsibilities in connection therewith."
2. Section 3 of said local law is.amended to read as follows:
"Section 3. Administration.
The Building Inspector and Zoning Enforcement Officer
(hereinafter "Building Inspector") is hereby designated to
administer and enforce the Building Code within the Town of
Ithaca. In the event the Building Inspector is not available,
the Town Supervisor of the Town of Ithaca is authorized to
administer and enforce the Building Code and to issue permits
thereunder."
Y additional space is needed elease attnch sheds of the same size as tbls and number each)
3. Section 5.1 is amended to read as follows:
"5.1 The Town Board may adopt rules and regulations for the
administration and enforcement of the Building Code. Such rules
and regulations shall not conflict with the Building Code, this
local law, or any other provision of law."
4. A new Section 5.A, entitled "Building Permits" is added to such
local law to read as follows:
Section 5.A.1. Building Permits.
No person, firm, corporation, association or other organization
shall commence the erection, construction, enlargement,
alteration, improvement, repair, removal, or demolition of any
building or structure, nor install heating equipment, without
having applied for and obtained a Building Permit from the
Building Inspector. No permit shall be required under those
circumstances set forth in the Town of Ithaca Zoning Ordinance
(hereinafter referred to as the "Zoning Ordinance") under which
no permit is required."
5.A.2. Applications for Building Permits may be obtained from
the Building Inspector. A completed application must be
delivered to the Building Inspector and must include:
(a) The signature of the applicant or authorized agent;
(b) A description of the site on which the proposed work is
to be done;
(c) A statement of the use or occupancy of all parts of the
land and of the proposed building or structure;
(d) A brief description of the proposed work;
(e) The estimated cost of the proposed work with
appropriate substantiation as may be required by the
Building Inspector;
(f) The full name and address of the owner and applicant
and, if either be a corporation, the names and
addresses of responsible officers;
(g) A set of plans and specifications for the proposed
work;
(h) A site plan showing the location of the proposed work
on the site and showing the property lines of the site;
(i) The fee required pursuant to the Zoning Ordinance;
(j) A statement that the work shall be performed in
compliance with the Zoning Ordinance, the Building
Code, and other applicable state and local laws,
ordinances, and regulations;
(k) Such other materials, information, or items as may be
reasonably required by the Building Inspector in order
to determine whether the proposed work will be in
compliance with all applicable laws, rules,
regulations, including the Zoning Ordinance, the
Building Code, and this local law.
The Building Inspector may waive the requirement of plans and
specifications and may waive such of the other requirements in
Page la
249
those circumstances where the work to be done involves minor
alterations or where such required information is not otherwise
necessary.
5.A.3. At the option of the Building Inspector the Building
Inspector may require that the plans and specifications be
accompanied by a certification from a registered architect or
licensed professional engineer of this state that such plans and
specifications comply with the applicable provisions of the
m Building Code and all local ordinances and requirements.
5.A.4. The applicant shall notify the Building Inspector of any
changes in the information contained in the application during
the period for which the permit is in effect. A permit will be
issued when the application has been determined to be complete
and when the proposed work is determined to conform to the
requirements of the Building Code, the Zoning Ordinance, and any
other applicable laws, rules or regulations. The authority
conferred by such permit may be limited by conditions, if any,
contained therein.
5.A.5. All work performed pursuant to such permit shall be in
accordance with the information and representations made in the
application for a permit and there shall be no deviations
therefrom without the prior approval of the Building Inspector.
Such approval may be withheld until sufficient information is
provided to the Building Inspector in form and substance
reasonably satisfactory to the Building Inspector to demonstrate
that the proposed deviation is in coupliance with the Building
Code, the Zoning Ordinance, this local law, and all other
applicable laws, rules and regulations.
5.A.6. A Building Permit, when issued, shall be prominently
displayed'on the property or premises to which it pertains.
I
5.A.7. A Building Permit, once issued, may be suspended or
revoked if the Building Inspector or other appropriate officer
determines that the work to which it pertains is not proceeding
in conformance with the application, with the Building Code, with
the Zoning Ordinance, with any other law, rule, regulation or
ordinance, or with any condition attached to such permit, or if
there has been a misrepresentation or falsification of a material
fact in connection with the application for the permit.
5.A.8. A Building Permit shall expire one year from the date of
issuance or upon the issuance of a Certificate of Occupancy
(other than a temporary Certificate of Occupancy), whichever
occurs first. The permit may, upon written request, be renewed
for successive one-year periods provided that (i) the permit has
not been revoked or suspended at the time the application for
renewal is made; (ii) the relevant information in the
application is up to date; (iii) a renewal fee of the greater of
$15.00 or 58 of the original Building Permit fee. At the option
of the Building Inspector, where the work disclosed by the
application may reasonably be expected to take longer than one
year, the Building Inspector may issue an initial Building Permit
for a term of greater than one year, but in no event greater than
three years, the term to be the length of time it would be
reasonably anticipated to complete the work set forth in the
application."
5. There is added to such local law a new section, to be Section
5.B. entitled "Building Construction Inspections" to read as follows:
Section 5.B. Construction Inspections.
Page `lb
'1
5.B.1. Work for which a Building Permit has been issued shall be
inspected for approval by the Building Inspector prior to
enclosing or covering any portion thereof and upon campletion of
each stage of construction including but not limited to, building
location, site preparation, excavation, foundation, framing,
superstructure, electrical, plumbing, heating, air conditioning,
fire protection and detection systems and exit features. It
shall be the responsibility of the owner, applicant, or his
agent, to inform the appropriate inspector that the work is ready
for inspection and to schedule such inspection. To facilitate
such inspection and to insure compliance with appropriate zoning
and building code requirements, the Building Inspector may
require submission at the appropriate stage of documentation to
substantiate such compliance including, without limitation, the
following items:
(a) As built survey maps by a licensed surveyor showing the
location of the foundation relative to property
boundary lines and dimensions of the structure;
(b) Appropriate certifications from an engineer relative to
water, sewage, structural integrity, and such other
items as the Building Inspector may deem reasonably
appropriate certifying that the stated items are in
accordance with all applicable laws, rules and
regulations;
(c) Certificates from appropriate electrical-inspection
agencies such as New York Board of Fire Underwriters
certifying that the electrical work is in compliance
with all applicable laws, codes, rules and regulations.
5.B.2 The Building Inspector or his designee shall have the
power to order, in writing, the remedying of any condition found
to exist in, on, or about any building, structure or premises in
violation of the Building Code, the Zoning ordinance, or any
other applicable law, rule or regulation, and shall have the
authority to state the time period within which such condition
must be remedied. Such orders may be served upon the owner or
his authorized agent personally or by registered mail sent to the
address set forth in the application for any permit submitted to
the Town of Ithaca or to the owner's or agent's last known
address. If such condition is not remedied within the time set
forth, among any other remedies that may be available to the Town
of Ithaca, the Building Inspector or his designee may revoke the
Building Permit for such construction and no further construction
shall occur until a new permit has been issued.
5.B.3. The Building Inspector or his designee shall have the
right of entry, at all reasonable hours, to any building,
structure, or site where work or activity is contemplated or
being done under the provisions of this law, or to any building
or site alleged to be unsafe to life or health, upon the
exhibition of proper evidence of their position at the 'Porn.
� Interference with such authorized entry in an official capacity
shall be punishable as a violation of this local law."
6. A new Section 5.C. entitled "Certificates of occupancy" is added
, to said local law reading as follows:
"Section 5.C. Certificate of occupancy.
5.C.1. Except as set forth below in Paragraph 5.C.2., a building
or structure for which a Building Permit has been issued shall
not be used or occupied in whole or in part until the Certificate
of occupancy shall have been issued by the Building Inspector or
Page. lc
such other person designated by the Town of Ithaca. Such
Certificate of occupancy shall be issued when, after final
inspection, it is determined that the construction and other work
has been campleted in coopliance with the Building Code, the
Zoning ordinance, and other applicable laws, rules and
regulations.
5.C.2. A temporary Certificate of occupancy may be issued by the
Building Inspector pending final completion of the work provided
the use or occupancy of the building shall not present a danger
to any person or property. Such temporary certificate may
F
require such conditions and safeguards as will protect the safety
of the occupants and the public and may also require a
P T,� performance guarantee acceptable to the Town of Ithaca Tom Board
that all improvements to be made by the applicant in campliance
with the Building Code, the Zoning ordinance, this local law, and
other applicable laws, rules and regulations, will be made. A
temporary Certificate of occupancy, at the discretion of the
Building Inspector, may be renewed an indefinite number of times.
5.C.3. A Certificate of occupancy may be issued for any building
or individual dwelling unit at any other time after inspection
thereof by request, determination of compliance and payment of
the prescribed fees,"
7. The title to Section 6 - "Permits" is amended to read "Section 6.
Use Permits."
8. Section 6.1, 6.2, 6.3, and the first sentence of 6.4 are amended
to read as follows:
"6.1. Upon payment of the fee, as prescribed in the schedule of
fees adopted by the Town Board, Use Permits shall be issued by
and bear the name and signature of the Building Inspector and
shall specify:
Activity or operation for which such permit is issued.
Address or location where activity or operation is to be
conducted.
Name and address of permittee.
Use Permit Number and date of issuance.
Period of Use Permit validity.
At the option of the Building Inspector a Use Permit may be combined
with a Building Permit if such cumbination is appropriate.
6.2. Use Permits shall not be transferable and any change in
activity, operation, location, ownership, or use shall require a
new Use Permit.
6.3. Use Permits shall continue until revoked or for a period of
time designated at the time of issuance. An extension of the Use
Permit time period may be granted provided a satisfactory reason
can be shown for failure to start or cotplete the work or
activity authorized within the required time period.
6.4. Use Permits shall be obtained for the following."
9. Section 6.5, 6.6 and 6.7 are amended to read as follows:
Page ld
243
116.5. Consolidated Use Permits. When more than one Use Permit
is required for the same property or premises, a single Use
Permit may be issued listing all materials or operations covered.
Revocation of a portion or portions of such consolidated Use
Permit, for specific hazardous materials or operations, shall not-
invalidate the remainder.
6.6 Location of Use Permits. Use Permits shall be kept on the
property or premises covered by the Use Permit or carried by the
Use Permit holder.
6.7. Revocation of Use Permits. Use Permits may be suspended or
revoked when it is determined there is a violation of a condition
under which the Use Permit was issued, or there has been
misrepresentation or falsification of material facts in
connection with the Use Permit application or a condition of the
Use Permit."
10. Section 7, "Inspection" is hereby amended to read as follows:
Section 7. Fire Safety Inspections.
7.1. The Building Inspector shall conduct periodic inspections
of areas of public assembly as defined in Part 606 of Title 9 of
the Official Compliation of Codes, Rules and Regulations of the
State of New York, or any successor part of said regulations, at
least once per year. Such inspections may be made at any
reasonable time.
7.2. All other buildings, structures, premises, and uses within
the Town of Ithaca to which the Building Code applies shall be
periodically inspected for compliance with the provisions of the
Building Code as they apply to fire prevention and safety.
7.3. An inspection of a building or dwelling unit may be
performed at any other time upon (a) request of the owner or
authorized agent; (b) receipt of a written statement specifying
grounds upon which the subscriber believes a violation of the
Building Code, Zoning Ordinance, or other law, rule or regulation
exists, or (c) other reasonable and reliable information that
such violation exists.
7.4. If entrance to make an inspection is refused or cannot be
obtained the Building Inspector or his designee shall have the
right to make such inspections as are set forth above in this
local law or, in the alternative, may apply for a warrant to make
an inspection to any court of competent jurisdiction."
11. Sections 8.1 and 8.2 are amended by deleting the phrase "State
Fire Prevention Code" where it occurs in each of those sections and
inserting instead the words "Building Code."
� 12. Section 8.4 of said local law is amended to read as follows:
"8.4. Violation orders may be served by personal service, by
r mailing by registered or certified mail sent to the address set
forth in the application for any permit submitted to the Town or
� x to the property address, or by posting a copy thereof on the
promises that are the subject of the notice of violation and
mailing a copy on the same day as posted, enclosed in a prepaid
wrapper, addressed to the last known address of the owner as set
forth in the Town of Ithaca records, or if none, in the most
recent tax roll available to the .Down of Ithaca.
Page le
24t
13. Sections 9.1 and 9.2 are amended by deleting the words "State
Fire Prevention Code" where they appear and inserting instead the
words "Building Code."
14. Section 12. "Review Board" is hereby amended to read as follows:
"Section 12. variance and Review.
12.1. A request for a variance from the requirements of the
Zoning ordinance shall be processed in accordance with the
provisions of the Zoning ordinance.
12.2. A request for a variance frctn the provisions of the
Building Code and an appeal to review determination of or failure
to render a determination by the Building Inspector based upon
the Building Code shall be processed with the appropriate Board
of Review as provided in Title 19 of the New York official
Compilation of Codes, Rules and Regulations, Part 440, or any
successor rules, regulations or statutes."
15. This local law shall take effect upon its filing with the
Secretary of State or twenty days after its adoption, whichever is
later.
Page if
231
(Complete the certification in Lite paragraph wbiell applies to the filing of this local law and strike out the
matter therein which Is not applicablo.)
1. (Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto,designated as local law No. ..... ......Of 19 L
of theof.............I i:h �•a.......was duly passed by the.............. Town„Board...................................
Z OWn (Name of Legislative Body)
on.„.,,,October 5; lg$7 in accordance with the applicable provisions of law.
2. (Passago try local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassugo after disapproval.)
I hereby certify that the local law annexed hereto,designatedas local law No.....................of 19........
County
ofthe City of......................................wns duly passed by tbe.........,........................6....,...........Y...........................
Town (Name of Legislative Body)
Village not disapproved
oil.......................... .........19........ and was approved by the....................,..............................*..
repassed after disapproval
Elacttve Chiet Execut,va tJfticar
and was deemed duly adopted oil..:.....................................................19 in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
1 hereby certify that the local law annexed hereto,designated as local law No...................`of 19..........
County
of the City was duly passed by th
Town Of...................................... e (Name of Legislative Body)..........................
Village not disapproved
on...................................................19........ and was approved by the. ..,o.. ........
...... .. .......... ..... .
repassed after disapproval
Eleetive Cldet it:xacutiva Otticer
on......................................................................19......... Such local law was submitted to the people by reason of a
mandatory referendu n,and received the affirmative vote of a innjority of the qualified electors voting
permissive
general
thereon at the special election held on......................................................19........, in accordance with the appli-
annual
cable provisions of law.
A. (Subject to permissive referondum,und final adoption because no valid petition filed requesting
referendum.)
hereby certify that the local law annexed hereto,designated as local low No................... of 19,.........
County
of the Cit of...............:. ...........was duly passed by the............................................................................,...Oil
Town (Name of Legtslatlrs Body)
Village not disapproved
19........ and was approved by the.........................................................on
-
......................' ”""""""""" Elective Chief Executive officer
repassed after disapproval
•-� ............................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed,said local law was deemed duly adopted on
..................................................................19,.......,ill accordance will, the applicable provisions of law.
*Elective Chief Executive officer means or includes the chief executive officer of a county elected on a countywide basis
or.If there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
.at�a a e 9
5. (City local law concerning Charter revision proposed by petition.)
I herebycertify that the local lair annexed hereto,designatedas local law No.....................of 19........
of the City of..........................................................................having been submitted to referendum pursuant to the
provisions of§3z of tiie Municipal Home Hale Law,and having received the affirmative vote of a majority
special
of the qualified electors of such city voting thereon at the s general election held on..................................
................19............became operative.
(County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as Local Law No.......of 19......of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November........... 19...........pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal home Rule Law,and having received the affirmative vote of a majority of the qualified electors of(lie
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(11 any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
p" I further certify that.l have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph.....:I................... above.
Town CIP;kw
Date: October 8, 1987
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney
or other authorized Attorney of looslity.)
STATE OF NEW YORK
COUNTY OF....,.Totnpkins
...................,.. ...
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
,It V,11�11
stsn■tare John C. Barney
Town Attorney
...... ........ ....................
TWO
Date: C�C ��
o9of.......Ithaca ..............................
Town "
Page 3
14-1114(2187)—Text 12
PROJECT I.D.NUMBER, 617.21SEOR
Appendix C FINAL
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORNPOSMONDAIE
For UNLISTED ACTIONS Only
"PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 4- -
1. APPLICANT/SPONSOR 2. PROJECT NAME
Town of Ithaca ILocal Law No. 1987
3. PROJECT LOCATION:
municipality Town of Ithaca County Tompkins
4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map)
Tcwn of Ithaca
5. IS PROPOSED ACTION:
[I New 0 Expansion X51Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:Local Law to Amend Local Law No.1, 1981 changing the references
from the State Fire Prevention Code to the New York State Unifcrrm Fire Prevention and
Building Code and amending the enforcement and administrative provisions.
7. AMOUNT OF LAND AFFECTED: Town of Ithaca
Initially acresUltimately acres
PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
a'qY99 ONO It No,describe briefly
.........
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? El Other
0 Residential El Industrial 0 commercial ❑Agriculture M Park/ForestlOpen space
Describe: all land uses in Town of Ithaca
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?_1No
X)5 Yes f It yes,list agencya)and permillapprovals,
To be filed with N.Y.S. Secretary of State
11. DOES ANY ASPECT OF THE ACTION HAVE'A CURRENTLY VAUD PERMIT OR APPROVAL?
)(4 Yes ONO if yes,list agency name and permitlapproval
As authorized under NYCRR Title 19
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
)X Yes C3No As proposed
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicantfsponsor name: Town of Ithaca Date: Oct- 5, 1 qaz
Signature:
on Is In the Co agency, complete the
If the action Coastal Area, and you are a state
Coastal Assessment Form before proceeding with this assessment
OVER
1
........................................................................................................................... .........................................................................
PART II - Environmental Assessment - A Local Law to Amend Local
Law No. 1 for the Year 1981 Changing the References from the
State Fire Prevention Code and the N.Y.S. Uniform Fire Prevention
and Building Code and Amending the Enforcement and Administrative
Provisions
A. Action is Unlisted.
B. Action will not receive coordinated review.
C. Could action result in any adverse effects on, to or arising
from the following:
Cl. Existing air quality, surface or groundwater quality or
quantity, noise levels, existing traffic patterns, solid waste
production or disposal, potential for erosion, drainage or
flooding problems?
Not expected. Action itself does not involve any physical
alterations to the environment. A beneficial impact is expected
in the improved provisions for the review, inspection, and
enforcement of construction and of certain materials handling and
use.
C2. Aesthetic, agricultural, archeological, historic, or
other natural or cultural resources, or community or neighborhood
character?
No significant adverse impact is expected, for the reasons
stated above.
C3. Vegetation or fauna, fish, shellfish or wildlife
species, significant habitats, or threatened or endangered
species?
No significant adverse impact is expected, for the reasons
stated above.
C4. A community's existing plans or goals as officially
adopted, or a change in use or intensity of use of land or other
natural resources?
No significant adverse impact is expected with respect to
these considerations. This amendment to Local Law No. 1, 1981 is
pursuant to NYCRR Title 19. Enforcement and administrative
provisions are expanded in accordance with the N.Y.S. Uniform
Fire Prevention and Building Code. Definitions and requirements
relating to construction project application, review, inspection,
and enforcement, and relating to the use of certain
commercial/industrial materials have been modified or expanded.
C5. Growth, subsequent development, or related activities
likely to be induced by the proposed action?
No such activities are expected to be directly induced by
the proposed action.
C6. Long term, short term, cumulative, or other effects not
identified in C1-05?
J,
Not expected.
C7. Other impacts (including changes in use of either
quantity or type of energy)?
Not expected.
r
D. Is there, or is there likely to be, controversy related to
potential adverse environmental impacts?
No controversy is expected at this time.
PART III
A negative determination of environmental significance is
recommended. A beneficial impact is expected in the amendment of
this law to be more fully in accordance with State law.
Lead Agency: Town of Ithaca Town Board
Reviewer: Susan C. Beeners, Town Planner
Review Date: October 5, 1987 �