Hancock, New York

TOWN OF HANCOCK

A local law for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code

Be it enacted by the Town Board of the Town of Hancock as follows:

SECTION 1 - DESIGNATION OF CODE ENFORCEMENT OFFICIAL AS PUBLIC OFFICIAL

There is hereby designated in the Town of Hancock a public official to be known as the code enforcement official, who shall be appointed by the Supervisor with the approval of the Town Board at a compensation to be fixed by it.

SECTION 2 - DUTIES AND POWERS OF CODE ENFORCEMENT OFFICIAL

Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the code enforcement official shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code and other laws, ordinances, rules and regulations applicable to plans, specifications, or permits for the construction, alterations and repair of buildings, and structures, and the installation and use of materials and equipment therein, and to the location, use and occupancy thereof.

SECTION 3 - BUILDING PERMIT

(a) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, or improvement of any building or structure including mobile homes or modular units, install solid fuel heating equipment or cause the same to be done, without first obtaining a separate building permit from the code enforcement official for each such building or structure; except that no building permit shall be required for:

l. necessary repairs which do not materially affect the structural features;

2. alterations to existing buildings, provided that they:

(I) cost less than $l0,000;

(ii) do not materially affect structural features;

(iii) do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits;

(iv) do not involve the installation or extension of electrical systems; and

(v) do not include the installation of solid fuel burning heating appliances and associated chimneys or flues; or

3. small noncommercial structures not intended for use by one or more persons as quarters for living, sleeping, eating or cooking, for example, a small storage building.

4. agricultural buildings or structures.

SECTION 4 - CERTIFICATE OF OCCUPANCY

A. No building erected subject to the Uniform Code and this local law shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued. No building similarly enlarged, extended, or altered, or upon which work has been performed which required the issuance of a building permit shall be occupied or used for more than thirty (30) days after the completion or the alteration or work unless a certificate of occupancy has been issued. No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing the change has been issued. The owner or his agent shall make application for a certificate of occupancy.

B. A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to use for which it is intended. A temporary certificate of occupancy shall expire six (6) months from the date of issuance, but may be renewed an indefinite number of times.

C. No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code in the area intended for use and upon payment of the appropriate fee.

SECTION 5 - INSPECTIONS

A. Work for which a building permit has been issued under this local law shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction including, but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, and heating and air conditioning. It shall be the responsibility of the owner, applicant or his agent to inform the Code Enforcement Officer that the work is ready for inspection and to schedule such inspection.

B. Existing buildings not subject to inspection under subdivision "A" of this section shall be subject to periodic inspections for compliance with the Uniform Code in accordance with the following schedule: all areas of public assembly defined in the Uniform code, all buildings or structures containing areas of public assembly, and the common areas of multiple dwellings-every six months; all buildings or structures open to the general public-every twelve months; all other buildings-every twenty-four months. Notwithstanding any requirement of this subdivision to the contrary, no regular, periodic inspections of occupied dwelling units shall be required provided, however, that this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to the public health, safety, or welfare.

SECTION 6 - INSPECTORS

A. The inspections required by Section (5) of this local law must be performed by the Code Enforcement Officer or Inspectors appointed by the Town Board to assist him. The Code Enforcement Officer is authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, on, or about any building. Such orders shall be served in person upon a responsible party or his authorized agent or by registered mail sent to the address of a responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as set forth in section (9) of this local law.

B. A Person subject to inspection under Section (5) may be required by the Code Enforcement Officer to have such inspection performed at his own cost and expense by a competent inspector acceptable to the Code Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer, other certified code enforcement officer, or other person whose experience and training has been demonstrated to the satisfaction of the Code Enforcement Officer. Such inspector shall certify the results of his inspection to the Code Enforcement Officer. Any person required by the Code Enforcement Officer to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed by the Town Board.

SECTION 7 - DEPARTMENT RECORDS AND REPORTS

A. The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by the municipality, and notices and orders issued. All such reports shall be public information open to the public inspection during normal business hours.

B. The Code Enforcement Officer shall annually submit to the Town Board a written report of all business conducted.

SECTION 8 - STOP WORK ORDERS

A. Whenever the Code Enforcer has reasonable grounds to believe that work on any building or structure is proceeding without permit or is otherwise in violation of the provisions of any applicable law, code, ordinance or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which the permit was issued, or is being conducted in an unsafe and dangerous manner, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and al persons shall immediately suspend all related activities until the stop-work order had been duly rescinded.

B. Such stop-work order shall be in writing on a form prescribed by the Code Enforcement Officer and shall state the reasons of the stop-work order, together with the date of issuance. The Stop-work order shall bear the signature of the Code Enforcement Officer or that of an assistant and shall be prominently posted at the work site.

SECTION 9 - PENALTIES FOR VIOLATION OF BUILDING PERMIT

A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of the New York State Uniform Fire Prevention and Building Code, or any amendment hereafter made thereto, as well as any regulation or rule promulgated by the Town Board, or to fail to comply with a notice, order or directive of the Code Enforcer, or to construct, alter, repair, move or equip any building or structure or part thereof in a manner not permitted by an approved building permit.

B. Any person, firm, or corporation, who or which fails to comply with a written notice or order of the Code Enforcer within a fixed time, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction, alteration, repair, movement or equipping or use of any building, who shall violate this section or any provision of the New York State Uniform Fire Prevention and Building Code, or any lawful notice, order, directive, permit or certificate of the Code Enforcer, shall be subject to a fine of not more than $25.00 for each day that the violation continues. Prior to the imposition of a fine, a violator shall be given a reasonable period of time to correct the violation. If after such time the violation still exists, then an appropriate fine of not more than $25.00 per day shall be imposed for each day the violation continues.

C. Any action or proceeding in the name of the Town of Hancock may be commenced in any court of competent jurisdiction to compel compliance with, or restrain by injunction the violation of any provisions of the New York State Uniform Fire Prevention and Building Code, this local law, or any rule, or regulation relating thereto. Such remedy shall be in addition to any other penalties prescribed by law.

SECTION 10 - FEES

A. Fees for Building Permits

Total Valuation of Construction or other Activity to be undertaken:

Up to $500 No Charge

$50l to $2000 $25.00

$2001 to $25,000 $25.00 for the first $2,000 plus $4 for each additional $1000 or fraction thereof, to and including $25,000

$25,001 to $50,000 $117 for the first $25,000 plus $3 for each additional $1000 or fraction thereof, to and including $50,000

over $50,000 $192 for the first $50,000 plus $2 for each $1,000 or fraction thereof

B. Other inspections and fees related to building construction:

In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50 percent of the fee paid, provided no work has commenced. If work has commenced and the application is not approved, the fees paid shall not be refunded.

Building permit-renewal $10. or ten percent of the original building permit fee, whichever is larger.

Plan review 50% of permit cost (where no permit is requested)

Certificate of Occupancy No Charge if building permit is in effect. Otherwise, $25. for one and two family dwellings, $l00 for all others.

Temporary Certificate of Occupancy $10

Third and subsequent temporary certificate of occupancy $100

SECTION 11

Local Law #1 of l983 is hereby repealed.

I HEREBY CERTIFY that the local law annexed hereto, designated as Local Law No. 1 of l987 of the Town of Hancock was duly passed by the Town Board on May 6, l987 in accordance with the applicable provisions of law.

I FURTHER CERTIFY that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph l above.

REGINA M. PALMER, TOWN CLERK

DATE: May 8, l987