Village of Tuckahoe, NY
65 Main Street Tuckahoe, NY 10707914-961-3100 — fax:914-961-3114
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AGENDA
BOARD
OF TRUSTEES
APRIL
28, 2008
I. CALL TO ORDER
II. PLEDGE OF
ALLEGIANCE
III. ROLL CALL
TRUSTEE
ECKLOND
TRUSTEE
MARCOCCIA
TRUSTEE
GORMAN
TRUSTEE
COLEMAN
MAYOR
FITZPATRICK
IV. SPECIAL PRESENTATION(S)
1. EVAC – Robert Cinquimani
V. PUBLIC HEARINGS
Motion
to close public hearing.
Motion
to Adopt the Village Budget for Fiscal Year ending May 31, 2009.
PUBLIC
HEARING II. Continuation
of public hearing to receive public comments on the adoption of the Emergency Tenant Protection Act of 1974
(ETPA)
Motion to keep public hearing
open
PUBLIC HEARING III. CONTINUATION
ON THE ADOPTION OF THE
Motion to close public
hearing.
PUBLIC
HEARING IV.
CONTINUATION PUBLIC HEARING
ON LOCAL LAW NO. 3 OF 2008 (previously referred to as Local Law #2 of 2008)–A LOCAL LAW PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE
Be
it enacted by the
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 this Village. 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 Building Inspector and/or the Code Enforcement
Officer of the Village.
“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.
“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.
“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.
“Village” shall mean the
SECTION
3. CODE ENFORCEMENT OFFICER AND INSPECTORS
(a)
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
Village Board of Trustees of this Village;
(9) to pursue administrative
enforcement actions and proceedings;
(10) in consultation with this Village’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 Mayor subject to the
approval of the Village Board of Trustees. 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 Mayor subject to the
approval of the Village Board of Trustees 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)
The compensation for the Code Enforcement Officer and Inspectors shall be fixed
from time to time by the Village Board of Trustees of this Village.
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) installation of swings and other
playground equipment associated with a one- or two-family dwelling or multiple
single-family dwellings (townhouses);
(2) installation of window awnings
supported by an exterior wall of a one or two-family dwelling or multiple
single-family dwellings (townhouses);
(3) installation of partitions or
movable cases less than 5'-9" in height;
(4) painting, wallpapering, tiling,
carpeting, or other similar finish work;
(5) window replacement, existing
driveway and walkway replacement
(6) replacement of
gutters and leaders
(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 six (6)
months following the date of issuance. Building Permits shall expire twelve
(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, re-inspected, 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 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 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 or
Certificates of Compliance required. A Certificate of Occupancy or 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 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 or Certificate of
Compliance.
(b)
Issuance of Certificates of
Occupancy or Certificates of Compliance. The Code Enforcement
Officer shall issue a Certificate of
Occupancy or 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 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 or 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 or Certificate of
Compliance, shall be provided to the Code Enforcement Officer prior to
the issuance of the Certificate of
Occupancy or 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 or 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 or Certificate of Compliance is not
applicable to an entire structure, a description of that portion of the
structure for which the Certificate of
Occupancy or 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 or 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 three (3) 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 or 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 or 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 Village shall
promptly notify the Code Enforcement Officer of any fire or explosion involving
any structural damage, fuel burning appliance, chimney or gas vent.
SECTION
9. UNSAFE BUILDING AND STRUCTURES
Unsafe
structures and equipment in this Village shall be identified and addressed in
accordance with the procedures set forth in Article V of Chapter 6 of the Code
of the
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 Village Board of Trustees of this
Village.
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.
(e)
Duration of Operating Permits. Operating permits shall be issued for
such period of time, not to exceed one year in the case of any Operating Permit
issued for an area of public assembly and not to exceed three years in any
other case, as shall be determined by the Code Enforcement Officer to be
consistent with local conditions. The effective period of each Operating Permit
shall be specified in the Operating Permit. An Operating Permit may be reissued
or renewed upon application to the Code Enforcement Officer, payment of the
applicable fee, and approval of such application by the Code Enforcement
Officer.
(f)
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 eighteen (18) 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. 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 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;