HomeMy WebLinkAboutPROPOSED LOCAL LAW-Fire Prevention & Building codeA LOCAL LAW PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE
NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE
Local Law # _______________ of 20 ______.
Be it enacted by the Town Board of the Town of Harford, in the County of Cortland,
as 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 Harford.
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 other section of
this local law, all buildings, structures, and premises, regardless of use or occupancy, are
subject to the provisions 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 Occupancy” / “Certificate of Compliance”] shall mean a certificate
issued pursuant to subdivision (b) of section 7 of this local law.
“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed
pursuant to subdivision (b) of 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 subdivision (a) of 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 subdivision (d) of section 4 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 subdivision (d) of
section 7 of this local law.
[“Town”] shall mean the Town of Harford
“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.
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 Building Permits, [Certificates of Occupancy /
Certificates of Compliance], Temporary Certificates and Operating Permits 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 orders pursuant to subdivision (a) of section 15 (Violations) of
this local law;
(7) to maintain records;
(8) to collect fees as set by the Town Board of this Town;
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with this Town’s attorney, 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 of Caroline
Supervisor. 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 of Caroline Supervisor 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 of Caroline
Supervisor 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 of this Town.
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) 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.
(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 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) Fee. The fee specified in or determined in accordance with the provisions set
forth in section 16 (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.
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.
(d) Fee. The fee specified in or determined in accordance with the provisions set
forth in section 16 (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.
(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
[registered mail / 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, or any other Person taking part or assisting in work affected by the Stop Work
Order, personally or by [registered mail / 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, 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 15 (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 / CERTIFICATES OF
COMPLIANCE]
(a) [Certificates of Occupancy / Certificates of Compliance] required. A
[Certificate of Occupancy / Certificate of Compliance] 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 / Certificate of Compliance].
(b) Issuance of [Certificates of Occupancy / Certificates of Compliance]. The
Code Enforcement Officer shall issue a [Certificate of Occupancy / Certificate of
Compliance] 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 / Certificate of
Compliance]. 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 / Certificate of Compliance], shall be
provided to the Code Enforcement Officer prior to the issuance of the [Certificate of
Occupancy / Certificate of Compliance]:
(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 / Certificates of Compliance]. A
[Certificate of Occupancy / Certificate of Compliance] 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 / Certificate of Compliance] is not
applicable to an entire structure, a description of that portion of the structure for which
the [Certificate of Occupancy / Certificate of Compliance] 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 / Certificate of Compliance] 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) Revocation or suspension of certificates. If the Code Enforcement Officer
determines that a [Certificate of Occupancy / Certificate of Compliance] 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) Fee. The fee specified in or determined in accordance with the provisions set
forth in section 16 (Fees) of this local law must be paid at the time of submission of an
application for a [Certificate of Occupancy / Certificate of Compliance] or for Temporary
Certificate.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing fire fighting 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
ALTERNATIVE 1: Unsafe structures and equipment in this Town shall be
identified and addressed in accordance with the procedures established by Local Law
Number [___ of ____ ], as now in effect or as hereafter amended from time to time.
ALTERNATIVE 2: Unsafe structures and equipment in this Town shall be
identified and addressed in accordance with the following procedures [specify
procedures].
SECTION 10. OPERATING PERMITS.
(a) Operation Permits required. 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 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 by the [specify
legislative body] of this Town.
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.
(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.
ALTERNATIVE 1: (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.
ALTERNATIVE 2: (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 16 (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. 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 [specify interval consistent with local
conditions, 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.
[INCLUDE THE FOLLOWING PROVISIONS IF THE TOWN WISHES TO RELY ON
THE INSPECTIONS PERFORMED BY OFPC, AND DOES NOT WISH TO HAVE THE
CODE ENFORCEMENT OFFICER INSPECT BUILDINGS THAT ARE INSPECTED BY
OFPC: Notwithstanding any other provision of this section to the contrary:
(1) the Code Enforcement Officer shall not perform fire safety and
property maintenance inspections of a building or structure which contains an area of
public assembly if OFPC performs fire safety and property maintenance inspections of
such building or structure at least once every twelve (12) months;
(2) the Code Enforcement Officer shall not perform fire safety and
property maintenance inspections of a building or structure occupied as a dormitory if
OFPC performs fire safety and property maintenance inspections of such building or
structure at least once every twelve (12) months;
(3) the Code Enforcement Officer shall not perform fire safety and
property maintenance inspections of a multiple dwelling not included in paragraphs (1)
or (2) of subdivision (a) of this section if OFPC performs fire safety and property
maintenance inspections of such multiple dwelling at intervals not exceeding the interval
specified in paragraph (3) of subdivision (a) of this section; and
(4) the Code Enforcement Officer shall not perform fire safety and
property maintenance inspections of a non-residential building, structure, use or
occupancy not included in paragraphs (1) or (2) of subdivision (a) of this section if
OFPC performs fire safety and property maintenance inspections of such non-residential
building, structure, use or occupancy at intervals not exceeding the interval specified in
paragraph (3) of subdivision (a) of this section.]
(d) Fee. The fee specified in or determined in accordance with the provisions set
forth in section 16 (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.
SECTION 12. 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 15 (Violations) 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 13. 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 12, inclusive, of this local law, including; 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 14. PROGRAM REVIEW AND REPORTING
(a) The Code Enforcement Officer shall annually submit to 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 13 (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 15: 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, or a copy thereof, to be served on the owner of
the affected property personally or by [registered mail / certified mail]. 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 personally or by [registered mail /
certified mail]; 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 /
Certificate of Compliance], Temporary Certificate, Stop Work Order, Operating Permit
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
this Town.
(d) Injunctive 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
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 / Certificate of Compliance], Temporary Certificate, Stop Work Order,
Operating Permit, Compliance Order, 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, this local law, or any Stop Work
Order, Compliance Order or other order obtained under the Uniform Code, the Energy
Code or this local law, an action or proceeding may be commenced in the name of this
Town, in the Supreme Court or in any other court having the requisite jurisdiction, to
obtain an order directing the removal of the building or structure or an abatement of the
condition in violation of such provisions. No action or proceeding described in this
subdivision shall be commenced without the appropriate authorization from the [specify
executive officer or body] of this Town.
(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 16: FEES
A fee schedule shall be established by resolution of the 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 / Certificates of Compliance], Temporary Certificates, 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 17. INTERMUNICIPAL AGREEMENTS
The [specify legislative body] of this Town may, by resolution, authorize the
[specify title] 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 18. PARTIAL INVALIDITY
If any section of this local law shall be held unconstitutional, invalid, or
ineffective, in whole or in part, such determination shall not be deemed to affect, impair,
or invalidate the remainder of this local law.
SECTION 19. 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.