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.
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(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
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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
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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.
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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.
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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.
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(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.