Loading...
HomeMy WebLinkAboutLL #4 2016 (Building Code) 1 Local Law # 4 of 2016: 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 in the County of Tompkins, as follows: SECTION 1. PURPOSE AND INTENT; REPEALER. (a) This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code), the State Energy Conservation Construction Code (the Energy Code), and the State Property Maintenance Code (the Property Maintenance Code) in the Town of Danby, as well as each other building or safety code now adopted or hereafter applicable in New York State, as amended, and including without limitation, in addition to the above codes, the Building Code of New York State, the Existing Building Code of New York State, the Residential Code of New York State, the Energy Conservation Code of New York State, the Property Maintenance Code of New York State, the Fire Code of New York State, the Plumbing Code of New York State, the Mechanical Code of New York State, the Fuel Gas Code of New York State, and the terms and requirements of the Uniform Fire Prevention & Building Code Act, the State Energy Conservation Construction Code Act, Title 19 of the New York Codes Rules and Regulations, and the Executive Law of the State of New York, and further including any locally approved or adopted more restrictive local standards, technical bulletins issued by New York State, the official and unofficial Commissioners Interpretations on codes, and the federal and state laws and regulations governing manufactured housing, and the Manufactured Housing Code and related Information Bulletins. (b) This local law is adopted pursuant to § 10 of the Municipal Home Rule Law and the Executive Law of the State of New York, and its implementing regulations. Except as otherwise provided by law or the express provisions of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this local law. (c) Town of Danby Local Law No. 1 of 1987 (“A Local Law Regulating the Maintenance of Real Property in the Town of Danby”) and 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Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code”) are hereby replaced, repealed, superseded and of no further force and effect. 2 (d) Further, all prior local laws and ordinances of the Town of Danby that are in conflict herewith are hereby repealed or expressly superseded to the extent required to give this local law full force and effect, including without limitation Local Law No. 3 of 1984, Local Law No. 1 of 1985, and Local Law No. 1 of 1988, it being the declared intent of the Town Board of the Town of Danby to have this local law govern the issuance, administration, and enforcement of the New York State Uniform Codes, including without limitation building codes, energy codes, and property maintenance codes as governed by and set forth under or in connection with the New York State Executive Law, its regulations, and the regulations and rules of the New York State Division of Code Enforcement & Administration. (e) It is declared to be the policy of the Town of Danby to consider energy, fire, building, and property maintenance codes as necessary for the orderly, efficient, and economical development in and of the Town of Danby, and thus among the purposes of the rules, regulations, and standards contained in this local law are to promote the safe, sanitary, and efficient construction of structures within the Town of Danby, to regulate development and construction of buildings, structures, and premises in a manner that will result in safe and orderly growth and development, and to enforce and establish minimum standards and requirements by which buildings, structures, and premises are constructed, designed, built, maintained, renovated, repaired and, when required, remediated or removed. 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, any Person acting or appointed as the Town of Danby Building Inspector under Town Law § 138, and 3 any Person appointed the civil service office of “Code Enforcement Officer” (or its equivalent) under New York State Law. "Code Enforcement Personnel" shall include each Code Enforcement Officer and all Inspectors. "Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to Section 15 of this local law. "Energy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time. "Inspector" shall mean an inspector appointed pursuant to 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. “Property Maintenance Code” shall mean the New York State Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time. "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, as well as each other code referenced in Section 1, subdivision (a) of this local law. 4 "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 duties of the office of Code Enforcement Officer are hereby created and expanded in such manners as are herein stated or required to give force and effect to this local law. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, the Property Maintenance Code, and this local law. The Code Enforcement Officer shall also 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 and Orders to Remedy pursuant to subdivision (a) of Section 16 (Enforcement and; Penalties) of this local law, and otherwise under New York State law, including but not limited to the Executive Law; 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, the Property Maintenance Code and this local law, or to abate or correct violations and conditions not in compliance with the Uniform Code, the Energy Code, the Property Maintenance Code, or this local law; and 5 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 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. 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 for any reason an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law. (d) One or more Inspectors may be appointed by 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 or her discretion, accept and rely upon written reports of inspections and 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, 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 6 burning or heating appliance, chimney, or flue in any dwelling unit. All work and Building Permits must conform to the requirements of the Uniform Code and the Energy Code. 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. 7 (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. 6. 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 of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. (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. 8 Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (f) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code, and the other requirements of this local law. (g) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. (h) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. (i) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 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. (j) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for 9 which a Building Permit was issued violates the Uniform Code or the Energy Code the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. (k) 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, other New York State or Town of Danby land use laws prohibiting the structure or use, the rules and regulations of the State of New York, or the Tompkins County Sanitary 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 10 have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, re-inspected, and found satisfactory as completed. (d) 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 prior to or at the time of each inspection performed pursuant to this section. SECTION 6. STOP WORK ORDERS. (a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt: 1. Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or 2. Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or 3. Any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked, or work undertaken that is not in compliance with the Building Permit as issued. (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. No work shall resume except upon the written approval of the Code Enforcement Officer. (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. 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, 11 or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. (d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. (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 or any other violation of this local law or of Building Permits or any code requirements, 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 to impose any penalty or sanction under Section 16 (Enforcement and Violations; Penalties) 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 sub-classification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy. (b) Issuance of Certificates of Occupancy. The Code Enforcement Officer shall issue a Certificate of Occupancy if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or sub-classification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement 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 12 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 13 undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. (e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. (f) Scope of Certificate of Occupancy or Temporary Certificate. A Certificate of Occupancy and Temporary Certificate apply solely and only to the work completed in accordance with an issued Building Permit. Work, appliances, devices, and appurtenances added during or after construction or any inspections that are not the subject of a Building Permit are not benefitted by the close-out of the Building Permit or the issuance of any Certificate of Occupancy or Temporary Certificate. (g) 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 of submission of an application for a Certificate of Occupancy or for Temporary Certificate. SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION The chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. SECTION 9. UNSAFE BUILDING AND STRUCTURES Unsafe buildings, structures, and equipment in this Town 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, or as permitted under General Municipal Law § 78- b (or otherwise as allowed by law). Unsafe buildings, structures, and equipment are illegal and not permitted and shall be removed or remedied as soon as is reasonably possible or in accordance with the directives of or notices from any Code Enforcement Officer. SECTION 10. OPERATING PERMITS 14 (a) Operation Permits required. 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. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below: 1. Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in Tables 5003.1.1(1), 5003.1.1(2), 5003.1.1(3), 5003.1.1(4) in the publication entitled “Fire Code of New York State” and incorporated by reference in 19 NYCRR § 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 by the Town Board of this Town. (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. 15 (e) Duration of Operating Permits. Operating Permits shall remain in effect until reissued, renewed, revoked, or suspended. (f) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. (g) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 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 at least once every thirty-six (36) months. (b) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or 16 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 § 156-e and Education Law § 807-b. (d) It shall be a violation of this local law for any owner or other occupant or person charged with the maintenance of real property in the Town of Danby to deposit, abandon, maintain, keep, or allow to accumulate on his property, outside of any building, any junk or material that, if thrown or deposited as herein prohibited, violates the Property Maintenance Code or that tends to create a danger to the public health, safety, and welfare or create degradation through unsightliness or noisomeness. (e) Classes of materials subject to regulation and examples thereof are as follows: 1. Equipment or machinery intended for outdoor use, such as automobiles, trucks, farm implements, lawnmowers, campers, trailers, boats, or other such devices, which are in a state of disrepair or are otherwise dilapidated, broken, abandoned, or not in condition to be used for their original purpose. In the case of vehicles or equipment designed for use on the public roadways, the phrase “dilapidated, broken, abandoned, or not in condition to be used for their original purpose” shall be defined as incapacity to 17 meet the requirements imposed by the State of New York for legal use on such roadways. 2. Any equipment or appliances (including supporting structures and appurtenances) designed for indoor use, such as stoves, refrigerators, washing machines, furniture, or parts thereof, when stored on any property for more than thirty (30) days, at which time any such item shall be presumed to be abandoned. No refrigerator may be stored or abandoned outside, or in an exterior location accessible by children or the general public, with its door, drawers, or doors attached. 3. Non-biodegradable rubbish or trash. 4. Biodegradable trash, such as piles of brush, leaves, weeds, when left in the front or side yard of any property for more than thirty (30) days. Compost piles that are discreetly placed in a backyard are excluded from regulation under this local law. 5. Construction or demolition debris if present for more than 60 days, unless a Building Permit is open and material and regular work under the Building Permit is being performed. However, in no event may construction or demolition debris be present for more than one year (or removed and replaced with new materials) without being removed and properly disposed. (f) The examples given in subsection (e) above are not intended to be exhaustive and do not limit the list of items that might be construed as belonging to any of the above classes of materials. Further, the list of classes and examples given above is not in limitation of the prohibition in this section. (g) Except to the extent that a health, safety, or fire hazard is found to exist, or if the storage of such items would constitute a nuisance, it shall not be a violation of this local law to maintain on real property items of the kind and nature set forth in subsection (e) above if such items are stored inside a storage structure or if they are stored in such a manner that they are not visible to neighboring properties or from any public roadway. However, this provision applies only to the requirements of this local law and does not limit or supersede any other law or ordinance of the Town or the New York State Property Maintenance Code, whether now or hereafter existing, including any zoning or other land use requirements of the Town. (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 prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. 18 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 such of the following steps as the Code Enforcement Officer may deem to be appropriate: (a) Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (b) If a violation is found to exist, providing 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 (Enforcement and Violations; Penalties) of this local law; (c) If appropriate, issuing a Stop Work Order; (d) If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. SECTION 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, 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, including; and 9. All fees charged and collected. 19 (b) Subject to the rules of FOIL and the Personal Privacy Protection Act (and other applicable federal and state laws as may preclude disclosure), 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 regulations. SECTION 15. PROGRAM REVIEW AND REPORTING (a) The Code Enforcement Officer shall annually submit to the Town Board of this Town 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 this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code. (c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. SECTION 16. ENFORCEMENT AND VIOLATIONS; PENALTIES (a) Orders to Remedy. 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, the Property Maintenance Code or this local law. An Order to Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall specify the condition or activity that violates the Uniform Code, the Energy Code, the Property Maintenance Code, or this local law; shall specify the applicable sections or provisions of the Uniform Code, the Energy Code, the Property Maintenance Code, or this local law which are violated by the specified condition or activity; and shall include a statement substantially similar to the following: “The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to 20 Remedy by _____ [specify date], which is thirty (30) days after the date of this Order to Remedy.” The Order to Remedy may include provisions ordering the Person served with such Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30) days of the date of such Order to Remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this local law or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Officer shall cause the Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy. The Code Enforcement Officer shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of any order. Nothing in this section or subsection supersedes or replaces the requirements of Executive Law § 382, and a compliance or similar order issued or issuable under such § 382 is an order that is available in addition to, or in supplementation of, any order to remedy or other order issued under this local law. (b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of or non- compliance with the Uniform Code, the Energy Code, the Property Maintenance Code, or this local law. (c) Penalties. All provisions of New York law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this subsection, including for purposes of conferring jurisdiction. However, all offenses constituting first and second violations shall be deemed violations, and all offenses constituting third and subsequent violations shall be deemed unclassified misdemeanors, and the following civil and criminal fines and penalties shall apply to any violation of this local law: 21 1. First Violation: Any Person that violates any of the provisions or requirements of this local law shall be (i) guilty of a violation and subject to a criminal fine of not less than $100.00 and not more than $500.00; or (ii) subject to a civil penalty of not less than $100.00 and not more than $500.00 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue. 2. Second Violation: Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any other violation of this local law shall be deemed a second violation. Any Person that commits or permits any second violation upon the same or an adjacent parcel of land shall be: (i) guilty of a violation and subject to a fine of not less than $200.00 and not more than $1,000.00; or (ii) subject to a civil penalty of not less than $200.00 and not more than $1,000.00 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect, or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect, or refusal shall continue. 3. Third and Subsequent Violations: Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any second violation of this local law shall be deemed a third or subsequent violation, as applicable. Any Person who commits or permits a third or subsequent violation upon the same or an adjacent parcel of land shall be: (i) guilty of an unclassified misdemeanor and subject to a fine not less than $500.00 and not more than $2,000.00, or a period of incarceration not to exceed 120 days, or both; or (ii) subject to a civil penalty of not less than $500.00 and not more than $2,500.00 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each week that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect, or refusal shall continue. (d) Injunctive or Equitable Relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or enforce or abate any violation of any provision of the Uniform Code, the Energy Code, the Property Maintenance Code, or this local law, or any term or condition of any Building Permit, 22 Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, Order to Remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, the Property Maintenance Code, or this local law, or any Stop Work Order, Compliance Order, Order to Remedy, or other order issued or obtained in relation to this local law, an action or proceeding may be commenced in the name of this Town in the Supreme Court of the State of New York, or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure, or compliance with or an abatement of the conditions alleged to be in violation of the Uniform Code, the Energy Code, the Property Maintenance Code, or this local law. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board of this Town. In addition, no application for an injunction or other equitable relief by the Town shall require that the Town prove any lack of an adequate remedy at law, or require that the Town post a bond or other undertaking. (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, including but not limited to the remedies and penalties specified in § 382 of the Executive Law and § 78-b of the General Municipal Law. SECTION 17: FEES A fee schedule shall be established by resolution of the Town Board of this Town. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy, Temporary Certificates, Operating Permits, fire safety and property maintenance 23 inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law. SECTION 18. INTERMUNICIPAL AGREEMENTS The Town Board of this Town may, by resolution, authorize the Town Supervisor of this Town to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. SECTION 19. LIMITED LIABILITY The Town of Danby and its officers, employees and agents, shall not be liable or responsible for any injuries to persons or damages to property due to the Town’s actions, or failures to act, under or pursuant to this local law unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town or its officers and agents. This provision shall be construed and applied to the maximum extent permitted by law, and does not create any theory or claim of liability where none exists at law or in equity. SECTION 20. INTERPRETATION AND CONSTRUCTION All nouns and pronouns shall be construed in the singular, plural, masculine, feminine, or neutered context when the provisions hereof so demand or admit. Capitalized words shall have their defined meanings and all words, capitalized or otherwise, shall have standard meanings as applied within the context of the clause in which such terms appear. Subject headings are for convenience and shall not be construed or applied to limit or restrict the subject matter and terms appearing under such subject heading. Whenever any reference is made to any section of law or regulations, such reference shall be interpreted to include such law or regulation as later amended, renumbered, or re-codified, and a mere typographical citation error shall not be given effect. SECTION 21. PARTIAL INVALIDITY, SAVINGS AND SEVERENCE If any part or provision of this local law or the application hereof to any person or circumstance be adjudged invalid or unenforceable by any court or tribunal of competent jurisdiction, such judgment or determination shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment or determination shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances. If such part or provision cannot be so limited or saved then it shall be deemed severed and the Town 24 Board of the Town of Danby hereby declares that it would have passed this local law, or the remainder hereof, had such invalid or unenforceable application or provision been apparent or omitted, and in all cases the balance of this local law shall survive and remain in force and effect. SECTION 22. EFFECTIVE DATE This local law shall take effect immediately, and this local law shall be filed in the office of the New York State Secretary of State in accordance with §27 of the Municipal Home Rule Law.