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Local Law (1), 1998

Town of Lumberland Uniform Fire Prevention and Building Code Enforcement Law

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF LUMBERLAND AS FOLLOWS:

1.0 DESIGNATION OF CODE ENFORCEMENT OFFICER AS PUBLIC OFFICIAL

There is hereby designated in the Town of Lumberland a public official to be known as the Code Enforcement Officer, who shall be appointed by the Town Supervisor with the approval of the Town of Lumberland at a compensation to be fixed by it.

2.0 DUTIES AND POWERS OF CODE ENFORCEMENT OFFICER

Except as otherwise specifically provided by law, ordinance, rule of regulation, the Code Enforcement Officer shall administer and enforce all 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, alteration, and repair of buildings and structures, and the installation and use of materials and equipment therein, and to the location, use and occupancy thereof. The Code Enforcement Officer shall also be assigned such responsibilities for enforcement of such laws and regulations of the Town of Lumberland as the Town Board shall designate from time to time.

3.0 RULES AND REGULATIONS.

The Town Board may, after public notice and publication at least five (5) days prior to the effective date thereof in a newspaper of general circulation within the town, adopt such further procedural/administrative rules and regulations as the board deems reasonable to carry out the provisions of this local law. The Code Enforcement Officer may make recommendations to the Town Board to adopt, amend, or appeal such rules and regulations as they may relate to efficient administration and enforcement of the provisions of the Uniform Code. Such rules and regulations shall not conflict with the Uniform Code, this local law, or any other provisions of law.

4.0 ACTING CODE ENFORCEMENT OFFICER

In the absence of the Code Enforcement Officer, 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 on behalf of the Code Enforcement Officer and to exercise all the powers conferred upon him by this law.

5.0 APPOINTMENT OF INSPECTORS

The Town Supervisor, with the approval of the Town Board may appoint one inspector or more, as the need may arise, to act under the supervision and direction of the Code Enforcement Officer and to exercise any portion of the powers and duties of the Code Enforcement Officer as he my direct. The compensation of such inspectors shall be fixed by the Town Board.

6.0 RESTRICTIONS ON EMPLOYEES

The Code Enforcement Officer, Building Inspector or any employee of the Town of Lumberland directly involved in code enforcement, shall not engage in any activity inconsistent with his duties, or with the interests of the Town; nor shall he, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials, supplies, or appliances for, or the supervision of, the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications thereof within the Town of Lumberland of except that this provision shall not prohibit any employee from engaging in any such activities in connection with the construction of a building or structure owned by him for his own personal use and occupancy or for the use and occupancy of his immediate family, and not constructed for sale.

7.0 REVIEW BOARD

7.1 Where unnecessary hardship may result from enforcement of the strict letter of any provision of the Uniform Code, applications for variances consistent with the spirit of the Code may be made to the regional Board of Review in accordance with Part 450 of the New York Code of Rules and Regulations entitled "Uniform Code: Board of Review" as promulgated by the New York Department of State. The Code Enforcement Officer shall obtain and retain a copy of all decisions rendered by the Board of Review pertaining to matters affecting the Town of Lumberland.

7.2 Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of this Local Law or any rule or regulation hereunder which provision is not required by the Uniform Code, applications for variances and appeals, consistent with the spirit of such law, rule or regulation, may be made to the Town Zoning Board of Appeals.

8.0 Building Permits

8.1 The Code Enforcement Officer shall receive applications, approve plans and specifications, and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved, or such permits have been issued for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing building construction or alterations. Agricultural structures shall be exempt from these procedures as provided in New York State Law and in the Town of Lumberland Zoning Law.

8.2 A building permit will be issued when the application has been determined to be complete, when the proposed work is determined that the proposed work is in compliance with the Code of the Town of Lumberland. The permit shall be prominently displayed on the property or premises to which it pertains during construction so as to be readily seen from adjacent thoroughfares, if possible. A building permit application which is not acted upon within thirty (30) days of receipt shall be considered officially denied and any aggrieved party may appeal to the Zoning Board of Appeals.

8.3 A building permit shall be valid for a maximum of twenty-four (24) months from the date of issuance, with a maximum of two (2) six (6) month extensions for good cause shown. The Code Enforcement Officer shall have the authority to grant or deny any extension request within these limits.

9.0 CERTIFICATE OF OCCUPANCY AND/OR COMPLIANCE.

9.1 Purpose: In order to ensure that all work authorized by a building permit complies with the conditions of the permit and the Uniform Building Code and this local law, the Code Enforcement Officer shall conduct a final inspection of work undertaken subsequent to the issuance of a building permit.

9.2 Issuance of Certificate of Occupancy and/or Compliance

9.2.1 A Certificate of Occupancy is required for occupancy and use of a building hereafter erected, altered, moved, or extended or the change in use of an existing building;

9.2.2 A Certificate of Occupancy and/or Compliance shall be issued only if the proposed use of the building or structure conforms to the provisions of the New York State Uniform Fire Prevention and Building Code. The Code Enforcement Officer shall make or cause to have made an inspection of each building or structure for which a Certificate of Occupancy and/or Compliance is to be issued. An application for a Certificate of Occupancy and/or Compliance which is not acted upon within thirty (30) days of receipt shall be considered officially denied and any aggrieved party may appeal to the Zoning Board of Appeals.

9.3 Restrictions: It shall be unlawful for any person, firm corporation to use or occupy any building or structure or portion thereof in violation of any provisions 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 Enforcement Officer, or to use or occupy any building or structure or part thereof in a manner not permitted by an approved Certificate of Occupancy and/or Compliance.

10.0 INSPECTIONS

10.1 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.

10.2 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 as defined in the Uniform Code, all buildings or structures containing areas of public assembly, and the common areas of multiple dwellings - every twelve (12) months; all buildings or structures open to the general public - every twelve (12) months; all other buildings - every twenty-four (24) 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 public health, safety or welfare.

11.0 INSPECTORS

11.1 The inspections required by Section 9 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 of his authorized agent or by registered mail certificate. The order shall set forth the time within which 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 13 of this local law.

11.2 A person subject to inspection under Section 9 may be required by the Code Enforcement Officer to have such inspection performed at his own 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. 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.

12.0 DEPARTMENT RECORDS AND REPORTS

12.1 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, inspections reports, all rules and regulations promulgated by the Town of Lumberland, and notices and orders issued. All such reports shall be public information open to public inspection during normal business.

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

13.0 STOP-WORK ORDER

13.1 Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is proceeding without a permit, or is otherwise in violation of the provisions of any applicable law, code, ordinance or regulation, or is not in conformity with any provisions of the application, plans, or specifications on the basis of which a 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 all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.

13.2 Such stop-work order shall be in writing on a form prescribed by the Code Enforcement Officer and shall state 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 inspector and shall be prominently posted at the work site.

14.0 VIOLATIONS.

14.1 Upon determination by the Code Enforcement Officer that a violation of the Uniform Code or this local law exists in, on, or about any building or premises, the Code Enforcement Officer shall order in writing the remedying of the condition. Such order shall state the specific provision of the Uniform Code which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by certified mail.

14.2 Any person, firm or corporation who violates any provision of the Uniform Code or any rule or regulation of this local law, or the terms or conditions of any Certificate of Occupancy issued by the Building and Fire Inspector, shall be liable to a civil penalty of not more than $1000 for each day or part thereof during which such violation continues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of the Town Board on its own initiative or at the request of the Code Enforcement Officer.

14.3 Alternatively or in addition to recover the civil penalties provided by subsection B, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code or the terms or conditions of any Certificate of Occupancy issued by the Code Enforcement Officer.

15.0 PERMIT REVOCATIONS.

15.1 The Code Enforcement Officer may revoke a building permit theretofore issued and approved in the following instances.

15.1.1 Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

15.1.2 Where he finds that the building permit was issued in error and should not have been issued in accordance with the application law.

15.1.3 Where he finds that the work performed under the permit is not being performed in accordance with the provisions of the applications, plans or specifications.

15.1.4 Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Code Enforcement Officer.

15.2 Upon revocation of the building permit, it shall be the duty of the person holding the same to surrender it and all copies thereof to the Code Enforcement Officer. After the building permit has been revoked, the Code Enforcement Officer may, in his discretion, before issuing the new building permit, require the application to file an indemnity bond in favor of the Town of Lumberland with sufficient surely conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not so comply.

16.0 GENERAL PROVISIONS.

16.1 If any section, paragraph, subsection, or provision of this law shall be found invalid, such invalidity shall apply to the section, paragraph, subsection or provision adjudged invalid and the remainder of the law shall remain valid and effective.

16.2 This law shall be effective immediately and any other provision of the Town of Lumberland inconsistent herewith is repealed.

16.3 Appearance tickets with respect to violations hereunder may be issued directly by the Code Enforcement Officer, or any other authorized law enforcement officer of the Town of Lumberland and shall be served personally or by registered or certified mail.

16.4 Fees applicable to applications, inspections or other activities, including use of independent professional to evaluate an application or plan, shall be set forth by the Town Board and amended from time to time by resolution.

This project was assisted by a grant from the Upper Delaware Council, Narrowsburg, NY 12767