ARTICLE I, Adoption of Standards [Adopted 7-12-1961; amended in its entirety 9-16-1996 by L.L. No. 6-1996]

§ 70-1. Title.

This article shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law."

§ 70-2. Purpose. [Amended 5-16-2005 by L.L. No. 4-2005]

It is the purpose of this article to provide for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code established by Article 18 of the Executive Law of the State of New York and as amended from time to time as the same may be applicable to the Village of Honeoye Falls, New York.

§ 70-3. More restrictive standards to apply.

Where the provisions of this article conflict with or impose a different requirement than any other provisions of the Village of Honeoye Falls Code or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern.

§ 70-4. Designation of enforcement officials.

It shall be the duty of the Code Enforcement Officer to administer and enforce the Uniform Code and the provisions of this article.

§ 70-5. Powers and duties of enforcement officials.

A. The Code Enforcement Officer shall administer and enforce all of the provisions of the Uniform Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.

B. The Code Enforcement Officer shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof. Prior to the issuance of such permit, the Code Enforcement Officer shall examine the premises for which. such applications have been received for the purpose of ensuring compliance with the Uniform Code and other laws, ordinances and regulations governing building construction. [Amended 11-16-1998 by L.L. No. 11-1998]

C. The Code Enforcement Officer shall issue 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 the requirements of the Uniform Code and other applicable laws, ordinances and regulations. He shall make all inspections which are necessary or proper for the carrying out of their duties.

D. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Code Enforcement Officer may require the performance of tests in the field by experienced professional persons or by a credited and authoritative testing laboratory or service bureau or agency.

E. Inspections. The Code Enforcement Officer shall institute and perform the following inspections, in addition to those otherwise required in this article: [Amended 7-21-1997 by L.L. No. 6-1997; 11-16-1998 by L.L. No. 11-1998]

(1) Construction inspections where a building permit has been issued, at such times during the course of construction as will permit the observation of the foundation, structural elements, electrical systems, plumbing systems, heating, ventilation and air-conditioning systems, fire-protection and -detection systems and exit features.

(2) Inspections where a certificate of occupancy or a certificate of compliance is required, prior to its issuance.

(3) (Reserved)

(4) Firesafety inspections of all multiple dwellings and all nonresidential buildings as follows (see Title 19 of NYCRR, Administration and Enforcement of the Uniform Fire Prevention and Building Code, Part 444):

(a) Areas of public assembly, including, churches, restaurants, bars and meeting rooms, at least once every 12 months.

(b) Gas stations, at least once every six months.

(c) Petroleum bulk storage, at least once every six months.

(d) All buildings open to the public, at least once every 24 months.

(e) All common areas in multiple dwellings (dwellings with three or more dwelling units), at least once every 36 months.

(f) Any building, use or occupancy, at owner request, during an emergency or for a bona fide complaint.

(g) All other nonresidential buildings and structures, at least once every 24 months.

(5) Inspections to ensure that all nonresidential buildings comply with the requirements of Chapter 140, Sewers, as follows:

(a) All industrial use buildings, restaurants and bars, at least once every 12 months.

(b) All other nonresidential use buildings, at least once every 24 months.

§ 70-6. Records and reports.

A. The Code Enforcement Office shall keep permanent official records of all transactions and activities conducted by them, including all applications received, inspection reports and notices of orders issued.

B. The Code Enforcement Office shall, as directed, submit to the Village Board of Trustees a written report and summary of all business conducted by them, including orders and notices promulgated, inspections and tests made and appeals or litigation pending.

§ 70-7. Examination of permit applications.

The Code Enforcement Officer shall examine or cause to be examined all applications for building permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time and in all events within 20 business days.

§ 70-8. Revocation of building permits.

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

A. 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.

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

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

D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Code Enforcement Officer and/or the Village Clerk or other responsible official of the Village of Honeoye Falls.

§ 70-9. Right of entry.

Any Code Enforcement Officer, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building structure at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 70-10. Inspections; records.

A. Before a certificate of occupancy is issued in the Village of Honeoye Falls, 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, remove, demolish or change the use or 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.

B. 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 Uniform Code and other applicable laws.

§ 70-11. Certificates of occupancy.

A. Issuance. When, after final inspection, it is found that the proposed work has been completed in accordance with the Uniform Code and other applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Code Enforcement Officer shall approve the issuance of a certificate of occupancy, which certificate shall be issued by the Village Clerk. If it is found that the proposed work has not been properly completed, the Code Enforcement Officer shall refuse to approve the issuance of a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the Uniform Code and other applicable building regulations.

B. Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Code Enforcement Officer may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 70-12. Inspection of solid-fuel-burning heating appliances, chimneys and flues.

A. Prior to the installation of any solid-fuel-burning heating appliance, chimney or flue in any dwelling used as a residence, the owner thereof or his agent shall first secure a building permit from the Code Enforcement Officer. [Amended 11-16-1998 by L.L. No. 11-1998]

B. The Code Enforcement Officer shall cause an inspection to be made of the solid-fuel-burning heating appliance, chimney or flue at a time when such inspection will best determine conformity of such installation with the Uniform Code. [Amended 11-16-1998 by L.L. No. 11-1998]

C. Upon approval of such installation, the Code Enforcement Officer shall issue a certificate evidencing compliance with the appropriate provisions of the Uniform Fire Prevention and Building Code.

D. No owner of any dwelling used as a residence shall operate or cause to be operated any solid-fuel-burning heating appliance until such installation, including chimney and flue, has been approved and a certificate indicating such approval obtained from the Code Enforcement Officer.

E. The issuance of such certificate of compliance shall not be deemed to give rise to any claim or cause of action for damages against the Village of Honeoye Falls or the Code Enforcement Officer for damages resulting from the operation or use of such solid-fuel-burning heating appliance, chimney or flue.

F. The fees for such inspection shall be paid by the owner of such property or his agent in a sum which shall be determined from time to time by the Board of Trustees.

G. Notwithstanding the foregoing provisions of this section, in the event of an emergency, where a delay occasioned by the requirement of securing a building permit could reasonably be expected to cause irreparable damage to the property or serious personal injury to the occupants or other person, the owner or his agent may commence such installation without first obtaining such building permit, provided that application therefor is filed within three business days after such work is commenced.

§ 70-12.1. Signs for truss-type construction. [Added 5-16-2005 by L.L. No. 4-2005]

In accordance with § 382-a of the Executive Law of the State of New York and the rules and regulations of 19 NYCRR Part 1264, all commercial and industrial structures that utilize truss-type construction shall be marked by a sign or symbol in a manner sufficient to warn persons conducting fire control and other emergency operations of the existence of truss construction on the structure.

§ 70-13. Penalties for offenses.

A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any of the provisions of this Article or to fail in any manner to comply with the notice, directive or order of the Code Enforcement Officer or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.

B. For each offense against any of the provisions of the Uniform Code or of this article or any regulations made pursuant thereto or failure to comply with a written notice or order of any Code Enforcement Officer within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part in or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Code Enforcement Officer shall be subject to the terms and provisions of § 382 of the Executive Law and shall be punishable by a fine of not more than $1,000 per day of violations or imprisonment not exceeding one year, or both. Each day that a violation continues shall be deemed a separate offense. [Amended 5-16-2005 by L.L. No. 4-2005]

§ 70-14. Additional remedies.

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and those remedies shall be in addition to the penalties prescribed in § 382 of the Executive Law.

ARTICLE II, Rules and Regulations [Adopted 2-22-1966]

§ 70-15. Application for building permit.

A. No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Code Enforcement Officer for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.

B. Application for a building permit shall be made to the Code Enforcement Officer on forms provided by him (forms may be obtained from the Village Clerk) and shall contain the following information:

(1) A description of the land on which the proposed work is to be done;

(2) A statement of the use or occupancy of all parts of the land and the proposed building or structure;

(3) The valuation of the proposed work;

(4) The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations;

(5) A brief description of the nature of the proposed work;

(6) A duplicate set of plans and specifications as set forth in Subsection C of this section; and

(7) 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 and regulations.

C. Plans.

(1) Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and sizes of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Code Enforcement Officer, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.

(2) Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. [Amended 11-16-1998 by L.L. No. 11-1998]

(3) The Code Enforcement Officer may waive the requirement for filing plans and specifications for minor alterations.

D. Amendments, if any, to the application or to plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Code Enforcement Officer prior to the commencement of such change of work.

§ 70-16. Fees. [Amended 9-16-1996 by L.L. No. 6-1996]

Upon filing of an application for a building permit, the fees set forth in Chapter A194, Fees, shall be payable.

§ 70-17. Issuance or denial of building permit.

A. 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 a reasonable time.

B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.

C. Upon approval of the application, both sets of plans and specifications shall be endorsed 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 at the building site open to inspection by the Code Enforcement Officer or his authorized representative at all reasonable times.

D. If the application, together with plans, specifications and other documents filed therewith, describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Code Enforcement Officer 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.

§ 70-18. Performance of work.

A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of 12 months after the date of its issuance. For good cause, the Code Enforcement Officer may allow a maximum extension for a period not exceeding 12 months. [Amended 11-16-1998 by L.L. No. 11-1998]

B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.

C. Building permits shall be prominently displayed on the job-site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares.

§ 70-19. (Reserved) EN

§ 70-20. Stop orders.

Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulation, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.

§ 70-21. Right of entry.

The Code Enforcement Officer and building inspectors, upon the showing of proper credentials and in the discharge of their duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 70-22. Certificate of occupancy.

A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Code Enforcement Officer.

B. No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Code Enforcement Officer.

C. No change shall be made in the use or type of occupancy of an existing building, unless a certificate of occupancy authorizing such change shall have been issued by the Code Enforcement Officer.

D. The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Code Enforcement Officer an affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the Superintendent of Construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is bought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is bought, that the structure has been erected in accordance with approved plans and, as erected, complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.

§ 70-23. Inspection prior to issuance of certificate; records of inspections.

A. 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, remove, demolish or change the use or 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.

B. There shall be maintained in the Building Department a record of all such examinations and inspections, together with a record of findings of violations of the law.

§ 70-24. Issuance of certificate of occupancy.

A. When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Code Enforcement Officer shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Code Enforcement Officer shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.

B. A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application and the building or portion thereof may thereafter be occupied as though a certificate of occupancy had been issued.

C. The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.

§ 70-25. Temporary certificate of occupancy. [Amended 11-16-1998 by L.L. No. 11-1998]

Upon request, the Code Enforcement Officer may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied by the occupant safely without endangering life or the public welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding 12 months from its date of issuance. For good cause, the Code Enforcement Officer may allow a maximum of two extensions for periods not exceeding three months each.

§ 70-26. Tests.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable building laws, ordinances or regulations, the Code Enforcement Officer may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 70-27. Penalties for offenses. [Amended 9-16-1996 by L.L. No. 6-1996]

In accordance with § 382 of the Executive Law of the State of New York:

A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of law or rule promulgated by the Building Department in accordance with applicable laws; or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Officer; or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.

B. Any person who shall fail to comply with a written order of the Code Enforcement Officer within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Code Enforcement Officer made thereunder shall be punishable by a fine of not more than $1,000 per day of violation or imprisonment not exceeding one year, or both. Each day that a violation continues shall be deemed a separate offense. [Amended 5-16-2005 by L.L. No. 4-2005]

C. Except as provided otherwise by law, such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.

§ 70-28. Abatement of violation.

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.