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Home My WebLink AboutLL 2007 #1 NYS Uniform Fire and Building Code Law Town of Danby Local Law No. 1 of 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. 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. “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; (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. (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; (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 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. (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 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 . (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 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. 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 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. (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 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 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. (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 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.” Adopted by the Town Board on February 12, 2007