Chapter 151

Chapter 151

FIRE PREVENTION AND BUILDING CONSTRUCTION

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 12-28-2006 by L.L. No. 3-2006. Amendments noted where applicable.]

GENERAL REFERENCES

Plumbing Board — See Ch. 55.
Unsafe buildings — See Ch. 105.
Electrical standards — See Ch. 129.
Housing standards — See Ch. 179.
Subdivision regulations — See Ch. 260.
Zoning — See Ch. 297.
Fees — See Ch. A312.

~ 151-1. Title.

This chapter shall be entitled “A Local Law Providing for the Administration and Enforcement of the New York State Fire Prevention and Building Code.”

~ 151-2. Purpose and intent.

This chapter 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 chapter is adopted pursuant to ~ 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this chapter.

~ 151-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING PERMIT — A permit issued pursuant to ~ 151-5 of this chapter. The term “building permit” shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.

CERTIFICATE OF COMPLIANCE — A certificate issued pursuant to ~ 151-9 of this chapter.

CERTIFICATE OF OCCUPANCY — A certificate issued pursuant to ~ 151-8 of this chapter.

CODE ENFORCEMENT OFFICER — The Code Enforcement Officer appointed pursuant to ~ 151-4B of this chapter.

CODE ENFORCEMENT PERSONNEL — The Code Enforcement Officer and all inspectors.

COMPLIANCE ORDER — An order issued by the Code Enforcement Officer pursuant to ~ 151-18B of this chapter.

ENERGY CODE — The State Energy Conservation Code, as currently in effect and as hereafter amended from time to time.

INSPECTOR — An inspector appointed pursuant to ~ 151-4D of this chapter.

OPERATING PERMIT — A permit issued pursuant to ~ 151-13 of this chapter. The term “operating permit” shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.

PERMIT HOLDER — The person to whom a building permit has been issued.

PERSON — 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 — An order issued pursuant to ~ 151-7 of this chapter.

TEMPORARY CERTIFICATE — A certificate issued pursuant to ~ 151-8D of this chapter.

UNIFORM CODE — The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

VILLAGE — The Village of Fredonia.

~ 151-4. Code Enforcement Officer and inspectors.

A. The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. 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; firesafety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter;

(4) To issue stop-work orders;

(5) To review and investigate complaints;

(6) To issue orders pursuant Subsection B of ~ 151-18 (Enforcement; penalties for offenses) of this chapter;

(7) To maintain records;

(8) To collect fees as set by the 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 chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter;

(11) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter;

(12) He shall issue, in writing, all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with requirements of the Uniform Code and any other applicable laws, ordinances, rules and regulations; such notices or orders may be served upon the property owner or his agent at the address set forth in the application for permission for the construction or alteration of such building or by posting the same upon a conspicuous portion of the premises to which the notice applies; and

(13) Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules and regulations covering building construction or alteration, he may, in his discretion, accept and rely upon written reports of tests in the field by experienced, professional persons or by accredited and authorized testing laboratories or service and inspection bureaus or agencies.

B. The Code Enforcement Officer shall be appointed by the 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 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 chapter.

D. One of more inspectors may be appointed by the Board of Trustees to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this chapter. Each inspector 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 each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

E. The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Board of Trustees of this Village.

F. Restrictions on Enforcement Officers. The Code Enforcement Officer and any other Enforcement Officer appointed pursuant to this chapter shall not engage in any activity inconsistent with his duties, 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 specification thereof within the Village of Fredonia, except that this provision shall not prohibit any Code Enforcement Officer or any other Enforcement Officer 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 the use and occupancy of members of his immediate family and not constructed for sale.

~ 151-5. Building permits.

A. Building permits required. Except as otherwise provided in Subsection 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 swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above the ground;

(3) Construction of temporary motion picture, television and theater stage sets and scenery;

(4) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(5) Installation of partitions or movable cases less than five feet nine inches in height;

(6) Painting, wallpapering, tiling, carpeting, or other similar finish work;

(7) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(8) Replacement of any equipment, provided that the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or

(9) Repairs, provided that such repairs do not involve:

(a) The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;

(b) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;

(c) The enlargement, alteration, replacement or relocation of any building system; or

(d) The removal from service of all or part of a fire-protection system for any period of time.

C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection 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.

(1) 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:

(a) A description of the proposed work and the valuation of the proposed work;

(b) The Tax Map number and the street address of the premises where the work is to be performed;

(c) The occupancy classification of any affected building or structure;

(d) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code;

(e) At least two sets of construction documents (drawings and/or specifications) which:

[1] Define the scope of the proposed work;

[2] Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;

[3] Indicate with sufficient clarity and detail the nature and extent of the work proposed;

[4] Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and

[5] 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.

(f) A statement that the applicant consents to permit any Code Enforcement Officer and any officer or employee of the Building Department or Planning Board of the Village of Fredonia to enter upon the premises without a search warrant in the manner prescribed in this chapter; and

(g) Such other information as may reasonably be required by the Code Enforcement Officer to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances, rules and regulations.

(2) Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed and approved prior to the commencement of such change of work.

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 Subsection D(5) 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.

(1) An application for a building permit shall be examined to ascertain the proposed work is in compliance with the applicable requirements of the Uniform Code and the 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 the Energy Code.

(2) Upon approval of the application, both sets of plans and specifications shall be reendorsed with the word “approved.” One set of such approved plans and specifications shall be retained in the files of the building department, and the other set shall be returned to the applicant, together with the building permit, and shall be kept by the applicant at the building site open to inspection by the building official or his authorized representative at all reasonable times.

(3) If the application, together with plans, specifications or other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Code Enforcement Officer shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

(4) The Code Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within 60 days from the date of submission of the application.

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 months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection 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; stop order. The Code Enforcement Officer may revoke a building permit therefor issued in the following instances:

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

(2) Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law;

(3) Where he finds that the work performed under the permit is not being performed in accordance with the provisions of the application, plans or specifications; or

(4) Where the person to whom a building permit has been issued fails to or refuses to comply with a stop order issued by the Code Enforcement Officer.

K. Fee.

(1) The fee specified in or determined in accordance with the provisions set forth in ~ 151-19 (Fees) of this chapter 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.

(2) Upon payment of fee as prescribed in the schedule of fees adopted herein, permits shall be issued by and bear the name and signature of the Code Enforcement Officer and shall specify:

(a) Activity or operation for which permit is issued.

(b) Address or location where activity or operation is to be conducted.

(c) Name and address of permittee.

(d) Permit number and date of issuance.

(e) Period of permit validity (which shall be one year from the date of issuance of the permit).

L. Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.

~ 151-6. 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 Subsection 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, 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 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 the Energy Code. Work not in compliance with any applicable provision of the Uniform Code or the 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, reinspected, and found satisfactory as completed.

D. Fee. The fee specified in or determined in accordance with the provisions set forth in ~ 151-19 (Fees) of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.

~ 151-7. 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 the 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 Subsection 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 ~ 151-18 (Enforcement; penalties for offenses) of this chapter 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.

~ 151-8. Certificates of occupancy.

A. Certificates of occupancy. No building shall be occupied in whole or in part unless a certificate of occupancy has been issued by the Code Enforcement Officer pursuant to this chapter and has not been revoked or suspended or expired. A certificate of occupancy shall be required for any work which is the subject of a building permit for new construction or additions thereto and for all structures or buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification 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.

B. Inspection prior to issuance of certificate of occupancy. Before issuing a certificate of occupancy, the Code Enforcement Officer 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, enlarge, alter, repair or change the use or nature of occupancy, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Code Enforcement Officer a record of all such examinations and inspections, together with a record of findings of violations of the law.

C. Issuance of certificates of occupancy. The Code Enforcement Officer shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and the Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and the 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. 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, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy:

(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 is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy 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;

(10) The signature of the Code Enforcement Officer issuing the certificate of occupancy and the date of issuance;

(11) A written statement of structural observations and/or a final report of special inspections; and

(12) Flood hazard certifications.

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 six 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 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 ~ 151-19 (Fees) of this chapter must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate.

~ 151-9. Certificate of compliance.

A. No rental dwelling unit, except an owner-occupied rental dwelling unit, shall be occupied in whole or in part unless a certificate of compliance is issued for said dwelling unit by the Code Enforcement Officer and is in force and has not expired or been revoked or suspended.

B. The Code Enforcement Officer shall inspect the rental dwelling units prior to the issuance of the certificate of compliance within 30 days after the filing of the application for said certificate of compliance with the Code Enforcement Officer.

C. When, after final inspection, it is found that the rental dwelling unit(s) comply with the Uniform Code and the Energy Code and all other laws, ordinances, rules and regulations applicable to such dwelling units, the Code Enforcement Officer shall issue a certificate of compliance upon the form provided by him. If it is found that any such dwelling unit does not so comply, the Code Enforcement Officer shall not issue a certificate of compliance and shall order the deficiencies or violation corrected.

D. Whenever the Code Enforcement Officer has a reason to believe a rental dwelling unit does not comply with any provisions of the Uniform Code and the Energy Code or of any other law, ordinance, rule or regulation, said Officer shall give notice to the owner or landlord or authorized agent of the violation and order the violations to be corrected. Failure to correct any such violation within the time limit stated in said notice shall subject the owner or landlord to fines and penalties as provided in this chapter.

E. A certificate of compliance shall also be required for any alteration, repair, improvement or installation to any existing building or accessory use for which a building permit is required under this chapter. All the provisions of ~ 151-8 of this chapter relative to the certificate of occupancy shall apply to the certificate of compliance.

F. The Code Enforcement Officer shall also have the authority, in said Officer’s discretion, to revoke any certificate of compliance for violation of the Uniform Code and the Energy Code or of any other law, ordinance, rule or regulation where said violations have not been corrected. The owner or landlord shall also be subject to fines or penalties as provided by this chapter. Said revocation shall take effect 10 days after notice to the owner or landlord by personal delivery or certified mail or by posting a notice of revocation on the premises, and said notice shall state the reasons therefor. In case any violation may be a threat to life or property, the Code Enforcement Officer shall have the authority to immediately revoke the certificate of compliance. Upon revocation, the Code Enforcement Officer may order the dwelling unit or units to be vacated. The owner or landlord shall be liable for all costs in connection therewith.

G. Expiration of certificate of compliance.

(1) A certificate of compliance issued pursuant to this chapter shall expire as follows:

(a) For areas of public assembly and all buildings set forth in ~ 151-10B(1) of this chapter: one year after issuance of said certificate.

(b) For all buildings or structures open to the general public set forth in ~ 151-10B(2) of this chapter: one year after issuance of said certificate.

(c) All rental dwelling units as set forth in ~ 151-10B(3) of this chapter: three years after issuance of said certificate.

(2) The date of issuance of the certificate shall be deemed the date so stated on the certificate.

(3) It shall be the responsibility of the owner of any rental dwelling unit requiring a renewal of a certificate of compliance under this chapter to make application to the Code Enforcement Officer on forms approved by the Code Enforcement Officer at least 30 days before the expiration of the certificate of compliance.

~ 151-10. Inspections.

A. Work for which a building permit has been issued under this chapter shall be inspected for approval prior to closing 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 responsibility of the owner, applicant, and 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 inspections under Subsection A of this section shall be subject to periodic inspections for compliance with the applicable provisions of the Uniform Code in accordance with the following schedule:

(1) All areas of public assembly as defined in the Uniform Code (all buildings containing areas of public assembly, and all buildings classified R1, R2 and R4 occupancy under the Uniform Code): once a year.

(2) All buildings or structures open to the general public, including all areas of such buildings used as mixed occupancy: once a year.

(3) All rental dwelling units, including single-, double-, or multiple-family rental dwelling units, and the common areas of such buildings, such as halls, foyers, staircases, etc.: once every three years. This section shall, however, not apply to a dwelling unit in which the owner resides.

C. An inspection of a building or dwelling unit shall be performed at any other time upon:

(1) The request of the owner, authorized agent, occupant;

(2) Receipt of a written statement specifying grounds upon which the subscriber believes a violation of the Uniform Code or other applicable law, rule or regulation exists; or

(3) Other reasonable information that a violation of the Uniform Code or the Energy Code or other applicable law, rule or regulation exists.

D. The Code Enforcement Officer shall submit quarterly to the Board of Trustees of the Village of Fredonia a written report setting forth a compilation of building permits issued, certificates of occupancy issued, certificates of compliance issued, inspections made and fees charged and collected.

~ 151-11. 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 or equipment failure.

~ 151-12. Unsafe buildings and structures.

Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by the Village of Fredonia ordinance adopted December 22, 1969, as now in effect or as hereafter amended from time to time. In addition to the procedures set forth in said ordinance, the following remedy may be used:

A. A building or structure or part thereof which is an imminent danger to life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance.

B. Whenever the Code Enforcement Officer finds a building or structure or part thereof to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Code Enforcement Officer may secure it and petition a court of competent jurisdiction to cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger, the cost of any and all such work be charged to the owner of the premises.

C. The Code Enforcement Officer may require the occupants of any such building or structure or part thereof to vacate the premises forthwith. No person shall use or occupy such building or structure or part thereof until it is made safe.

D. Except for the owner, no person shall enter the premises which has been ordered vacated unless authorized to perform inspections or repairs or to demolish and remove such building or structure or part thereof.

E. Any equipment or device or system associated with a building or structure covered by the Uniform Building Code shall be maintained in a safe condition and in good working order, and failure to do so shall subject the owner to the penalty provisions of this chapter.

~ 151-13. Operating permits.

A. Operating permits required.

(1) Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

(a) 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 1225.1;

(b) Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;

(c) Use of pyrotechnic devices in assembly occupancies;

(d) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

(e) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees of this Village.

(2) Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity of 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 circumstances in which more than one activity listed in Subsection 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 ~ 151-19 (Fees) of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

~ 151-14. Firesaftey and property maintenance inspections.

A. Inspections required. Firesafety 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) Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.

(2) Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

(3) Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) shall be performed at least once every three years.

B. Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety 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 the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; or 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 the Energy Code exist; provided, however, that nothing in this subsection 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 chapter 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 ~ 156-e and Education Law ~ 807-b.

D. Fee. The fee specified in or determined in accordance with the provisions set forth in ~ 151-19 (Fees) of this chapter must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.

~ 151-15. 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 chapter, or any other local law, ordinance 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 ~ 151-18 (Enforcement; penalties for offenses) of this chapter:

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.

~ 151-16. Recordkeeping.

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;

(2) All plans, specifications and construction documents approved;

(3) All building permits, certificates of occupancy, certificates of compliance, temporary certificates, stop-work orders, and operating permits issued;

(4) All inspections and tests performed;

(5) All statements and reports issued;

(6) All complaints received;

(7) All investigations conducted;

(8) All other features and activities specified in or contemplated by ~~ 151-5 through 151-13, inclusive, of this chapter; and

(9) All fees charged and collected.

B. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings and structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.

~ 151-17. Program review and reporting.

A. The Code Enforcement Officer shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in ~ 151-16 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.

B. The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Village, on a form prescribed by the Secretary of State, a report of the activities of this Village relative to administration and enforcement of the Uniform Code.

C. The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Village in connection with administration and enforcement of the Uniform Code.

~ 151-18. Enforcement; penalties for offenses.

A. A person owning, operating, occupying or maintaining property or premises within the scope of this chapter shall comply with all the provisions of this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.

B. Compliance orders.

(1) The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall:

(a) Be in writing;

(b) Be dated and signed by the Code Enforcement Officer;

(c) Specify the conditions or activity that violates the Uniform Code, the Energy Code, or this chapter;

(d) Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity;

(e) Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance;

(f) Direct that compliance be achieved within the specified period of time; and

(g) State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.

(2) The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance 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 being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

C. Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code or of this chapter.

D. Penalties for offenses.

(1) The owner or general agent of a building or premises in or upon which any violation of the provisions of this chapter has been committed or shall exist and the lessee or tenant of any entire building or entire premises in or upon which such violation has been committed or shall exist and the owner, agent, lessee or tenant of any part of a building or premises in or upon which part such violation has been committed or shall exist and the agent, architect, building, contractor or any other person of a firm or corporation who knowingly commits, takes part in or assists in any such violation or who maintains any building or premises in or upon which any such violation shall exist shall be guilty of a violation of the provisions of this chapter and shall be liable, on conviction thereof, to a fine or penalty not exceeding $1,000 for each and every offense or by imprisonment not to exceed 15 days, or by both such fine and imprisonment, and whenever such person shall have been notified by the Board of Trustees of the Village of Fredonia, New York, or its duly authorized official, or the Code Enforcement Officer or by service or summons or appearance ticket in a prosecution or in any other way that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate violation punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected or by civil remedy.

(2) An action or proceeding in the name of the Village of Fredonia may be commenced in any court of competent jurisdiction to compel compliance with or restrain, by injunction or other equitable remedy, the violation of any provision of this chapter, any rule or regulation adopted pursuant to this chapter or a violation order or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.

E. Civil penalties. In addition to those penalties prescribed by state law or this chapter, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Village.

F. Injunctive relief. An action or proceeding may be instituted in the name of this Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit or certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Board of Trustees of this Village.

G. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in ~ 151-7 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in ~ 151-7 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of ~ 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of ~ 382 of the Executive Law.

~ 151-19. Fees.

A fee schedule shall be established by resolution of the Board of Trustees of this Village. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications; the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy, certificates of compliance, temporary certificates, operating permits; firesafety and property maintenance inspections; and other actions of the Code Enforcement Officer described in or contemplated by this chapter.

~ 151-20. Intermunicipal agreements.

The Board of Trustees of this Village may, by resolution, authorize the Mayor of this Village to enter into an agreement, in the name of this Village, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCCR, or any other applicable law.

~ 151-21. Severability.

If any section or any part of any section of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this chapter.

~ 151-22. When effective.

This chapter shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with ~ 27 of the Municipal Home Rule Law.