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UntitledApril 7, 19/60 M4N OF "-,-,AfPINGLR OLQJ14k'1'CE FOR ADIINISTERING AND B;NFQRCINQ THESTATEBUILDING CONSTRUCTION CODE Section 1. Designation of Chief Building Inspector an#=@a*-te*ng ingygoMrm-as Public Official 4 There is hereby designated in the Town of "appinger a public official to be known as the Chief Building Inspect&r who shall be appointed by the Town Board at a compensation to be fixed by it. Section 2. Appointmentof Building Inspectors The Town Board may appoint one or more building inspectors, as the need may appear, to act under the supervision of the Chief Building Inspector and to exercise any portion of his powers and duties. The compensation of such building inspectors shall be fixed by the Town Board. Section 3. Acting Chief Building I"Decto In the absence of the Chief Building Inspector or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board to designate a person to act in his behalf and to exercise all of the powers conferred upon him by this ordinance. Section 4. Restrictionson Em-ployees No officer or employee of the Building Inspection Department shall engage in any activity inconsistent with his duties or with the interests of the Inspection Department; nor shall he, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of 'W'appinger, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him, and not constructed for sale. Section 5. Duties and 11-'owers of Chief Building Inspector (a) Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Chief Building Inspector shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof. _2" (b) He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applica- tions have been received or such permits have been issued for the purpose of insuring compliance with laws, ordinances and regulations governing building, construction. (e) He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations, He shall make all inspections which are necessary or jtiroper for the carrying out of his duties, except that he may accept written reports of inspection from building inspectors or other employees of the Inspection Department or from generally recognized and authoritative service and inspection bureaus, provided the same are certified by a responsible official thereof. (d) Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regu- lations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by ac- credited and authoritative testing laboratories or service bureaus or agencies. Section 6. Department Records and Reports (a) The Chief Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records open to public inspection during business hours. (b) The Chief Building Inspector shall, annually, submit to the Town Board a written report and summary of all business conducted by the Building Inspector's Department including permits and certifi- cates issued, fees collected, orders and notices promulgated, inspec- tions and tests made and appeals or litigation pending. Section 7. Cooperation of Other Departments The Chief Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation the Police, Fire and Health Departments or officers and of all dither municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. Section 8. Apoli.cation for Building Permit (a) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion, or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a n ,z .. separate building; permit from the Chief Building; Inspector for each such building; or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature and copy of permit filed with assessor. (b) Application for a building permit shall be made to the Chief Building Inspector on forms provided by him and shall contain the following information: (1) A description of the land on which the proposed work is to be done; (2) A statement of the use or occupancy of all parts of the land and of the building or structure; (3) The valuation of the proposed work; (4) The full name and adress of the owner and of the applicant, and the names and add- resses of their responsible officers if any of them are corporations; (5) A brief description of the nature of the proposed work; (6) A duplicate set of plans and specifications as set forth in subdivision (c) of this section; and (7) Such other information as may reasonably be required by the Chief Building inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations. Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connect- ion with the proposed work. adhere such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application. (c) Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing; the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys,. and, where required by the ` L �L� �Y gs ! , . details of structural, mechanical and electrical work, including computations, stress diagrams and Other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings. The Chief Building Inspector may waive the requirement for filing plans. (d) Amendments to the application atoa �timetp icreto the ajA co�mcpletiortiio�sthe accompanying the same may any work, subject to the approval of the 3f�Yt 0"ttJ4JJJJJqW. Section 9. issuance ofBuilding Permi` Jia) The Chief Building Inspector shall examine or cause to be exami.nid all applications for permits and the Plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time. Upon approval of the application and upon receipt of the legal fees there- for, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto, Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved". One get of such approved plans and specifications shall be retianed in the files of the Chief Building Inspector and the other get shall be kept at the building site open in- spection by the Chief Building Inspector or his authorized representative at all reasonable times. If the application together with the plans, specifications and other documents filed therewith proposed work which does not conform to all of the requirements of the applicable building regulations, the building official shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Chief Building I£l- spector shall cuase such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. Section 10. Performance of Work Under Building Permit (a) A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of ia maximum s issuance. ssu nce. For good cause, the Chief Building Inspector may allow two extensions for periods not exceeding three months each. (b) The issuance of a building permit shall consititute authority to the ap3licant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances and regulations. All work shall conform to the approved application, plans and specifications. -5 - Section 11. Building Permit Fees Upon the filing of an application for a building permit, the following fees shall be payables Where the Tdal Valuation of the Work is Pee ZTp to $11000 2.00 For each additional 41 000 or fraction, 1.00 UP to and incipking 415,000 For each additional. $1,000 or fraction, .50 up to and including $1.00,000 For each additional *1,000 or fraction, .25 exceeding $100,000 (Note; Bach municipality should review the schedule of fees and fix its own schedule in accordance with local requirements). In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund. of 50% of the fee paid, provided uction work has n cthe applicaon tion isnnottapproved,Ithe fees paid shall. of berefunded and the pp Section 12. Revocation of Building Permit The Chief Building Inspector may revoke a building permit theretofore issued andapproved in the following instances$ (a) Where he find that there has been any false statement Or misrepre- sentation as to a mstlrial fact in the application, plans Or specifications on which the building permit was based; (b) Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law; (c) Where he finds that the work perfoured under the permit is not being prosecuted in accordance with the probisions of the application, plans and specifications; or, (d) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Chief Building Inspector. Section 13. Stop Orders Whewever the Chief Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicalbe btild.ing laws, ordinances or regulations, or not pr rconformity with the provisions of an application, plans, or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous me,nner, he shall notify the owner of the property, or the owner's agent, or the person conforming the work, to suspend all work, and any such parsons shall forth- with stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the con- ditions under which the work may be resumed and may be served upon a person to whom it is directed either be delivering it personally to him, or by posting the some upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail. Section 14. Right of entry Any building official, upon showing of proper creditials and in the dis- charge of his duties, may enter upon any building, structure, or premises at any reasonable hour, and no person shall interfere with or prevent such entry. Section 15. Certificate of Occupancy (a) No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Chief Building Inspector. (b) No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall home been issued by the Chief Building Inspector. (c) No change shall be made in the use or type of occupancy of ax: existing building unless a certificate of occupancy authorizing such change shall have been issued by the Chief Building Inspector. (d) The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a Certifi- cate of occupancy, there shall be filed with the Chief Building Inspector an affadavit ,pf the registerred architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the constncction of the work, or of the Superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superitend the work for which the Certificate of Occupance is sought. This affidavit shall state that the deponant teas examined the approvedplans of the structure for which a Certificate of Occupancy is sought, that the structure has been erected in accordance with approved plans, and as erected complies with to law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affdavit. Section 16. Inspection price't.o, Issuance of Certificate Before issuing a certificate of occupance, the Chief Building Inspector shall examine or cause to be examined all buildings, structures, and sites for which an application has been filed for a building permit to construct,,awn., alter, repair, remove, demolish, or change the use or occupancy; and he y duct such inspections as he deems appropriate from time to time duringand 4upon completion of the work for which a building permit has been issued. There shall be maintained in the Cheif:4. Building Inspector's office a record of all such examinations and inspectionsiogether with a record of find- ings of violations of the law. -7 - Section 17. issuance of Certificate of Occupant (a) When, after final inspection, it is found that the propsed stork has been completed in accordance with the applicable building laws, ordinances and regulations; and also in accordance with the application, plans and specifi- cations filed in connection with the issuance of the building permit, the Chief Building Inspector shall issue a certificate of occupancy upon the form pro- vided by him. If it is found that the proposed work has not been propertly com- pleted, the Chief Building Inspector shall refuse to issue a certificate of occupancy and shall order the work caVieted in conformity with the Building permit and in conformity with the applicable building regulations. (b) A certificate of occupancy shall be issued, where appropriate, within go days After application therefore is made. Failure to act upon such application within 30 We shall constitute lof such athrocughiacer�tifi- the building or portion thereof may thereafteroccupied cote of occupancy had been issued.. (c) The certificate of occupancy shall certify that the work has been com- pleted add that the proposed use and occupancy is in conformity with the pro- visions of the applicable building laws, ordinances, and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. section 18. Te*f ,aryCertif irate of Occupancy Upon request tho Chief Building Inspector may issue a temporary certificate of occupancy for a building or structure, have been completed provibdedsu�ch portioneorork covered the building permit portions as have been completed W be occupied safely without endangering life or the public welfare. Section 19. Tests Whenever there are reasonable grounds to believe that any material,con9 struction, equipment or assembly does not conform with the requirements of the applicable building laws, ordinances or regulations, the Chief Building In- spector may require the same to be subjected to tests in order to furnish proof of such compliance. Section 20. Unsafe Buil (a) All buildings or structures which are structurall3m8afe, unsanitary, or not provided with adequate egress, or which constitute a fire hazard,or are otherwise dangerous to human life, or which in relation to existing use con- stitute a hazard to safety or health by reason of inadequate maintenance, dil- apidation, obsolescence, or abandoamnt are, severally for the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section. (b) The Chief Building Inspector shall examine eaa or cause to be eenaxidned every building reported as unsafe or damaged, and shallof such examination. (c) Whenever the Chief Building Inspector shall find any building or structure, or portion thereof to be unsafe building as defined in this Section, he shall, in the same manner as provided for the service stop orders in section 17 of this Ordinance, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time wither to completed specified repairs or improvements., or to demolish and remove the building, or structure or protion thereof. (d) If the Chief Building Saspeector finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the specified reppirs and improvements are completed, inspected, and approved by the building official. The Chief Building Inspector shall cause to be posted at each entrance to such building a notice: "TSIS BUIWING IS UNSA= AND ITS ON CR OCCtJft= BAF BUS PRMBIM BY TEN B1Ii+DIM MAB!fl=" . Such notice shall remain posted until the required re- pairs are made or demolition is completed. It shall be unlawful for any person, firm, or corporation or their agents or other servants to remove such notice without written permission of the Chief Building Inspector of for any person t6oehter the building except for the purpose of making the required repairs or of demolishing same. (e) In case the owner, agent or person in control cannot be found within the stated time limit, or ip such owner, agent or person in control shall fail neglect, or refuse to comply with noticeio repair, rehabilitate, or to demolish and remove said building, or structure, or portion thereof, the (City) (tvvn) (Village) counsel shall be advised of all the facts in the case, and shall instwAtute an appropriate action in the courts to compel compliance. (f) In cases of emergency which, in the opinion of CheiflBuilding In- spector involve immanent danger to human life or health, be shall promptly cyuase such building, structure,orportQnnthereoofsuch ato made e unsafeafeor o onwhich moved. For this purpose he may aonce it stands, or abutting land ar structure, with such assistance and at such cost as may be necessary. He may vacate ad4acent structures and protect the public by appropriate barricards or such other means as may be necessary, and for this purpose may close a public or private way. (g) Costs incurred under paragraphs (a) and (f) of this section shall be paid out of the municipal treasury on certificate of the Chief Building In- spector. Such costs shall be charged to the owner of the premises invdAlved and sball be collected in the manner provided by the law. Section 21. Penalties of Violation (a) It shall be unlawful for any person, firm, or corporation to con- struct, alter, repair, move, remove, demolish, equip, use, occupy, or maintain any building or structure or portion thereof in violationanotice f provision ve, of this ordinance or to fail in any manner to comply wth or order of the Chielf Building Inspector or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occppancy. Wz (b) Any person Otho shall fail to couply with a written order of the Chief Building Inpsector wAthir, the time for coupliance therewith, and any owner, builder, tenant, architect, contracotr, subcontracftr, con- struction superin6endent or their agents, or anycaber persons taking part or assisting in the construction or use of &W building who shall knowingly violate any of the applicable provisions of this Ordinance or any lawful order, notice, directive, permit, or certificate of the Chief Buildding In- spector made thereunder shall be punishable by a fine of not more than five hundred dollars, or thirty dayus in jail, or both. Bach day that violation continues shall be deemed a syparate offense. (c) accept as provided otherwise, such a violation shall not boa crime and the penalty or punishment Uiosed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not irpose any disability upon or affect or impair the creditability as a witness, or otherwise, of any person conviected thereof. (d) This section shall not apply to violations of the provisions of the State Building Constmetion Code punisbable under Section 3£35 of the jxecutive Jaw of the State of New York; nor to violations of the provisions of the Multiple Residence Lav punishable under Section 304 of the Multiple Residence Law of the State of New 'kirk. Section 22. Abatement of Violation Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct, or abate viola- tion or to prevent illegal occupancy of a building, structure, or premises or to prevent illegal acts, conduct or business in about any premises; and these remedies shall be in addition to the penalties prescribed in the preceding section.