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PORTVILLE, NEW YORK
PORTVILLE, NEW YORK
Be it enacted by the Town Board of the Town of Portville as follows:
A local law providing for the administration and enforcement of the uniform fire prevention and
building code.
SECTION 1
Definition. (a) The words and terms used in this local law shall have meaning as those contain in
Executive Law. Article 1B, as added by Chapter 707 of the Law of 1981, unless the context say
otherwise require, (b) "Enforcement official" shall mean the building inspector authorized and
empowered to administer and enforce the Uniform Code in the town.
SECTION 2
Permit. (a) No person, firm, corporation, association or partnership shall commence the
construction, enlargement, alteration, improvement, removal or demolition of any building or
structure or any portion thereof with first having obtained a permit from the Town Clerk of the
town. No such permit shall be required for necessary repairs which are not of a structural nature
and do not involve abatement of a violation of the Uniform Code.
(b) the form of the permit and application therefor shall be prescribed by a resolution of the town
board. The application shall be signed by the owner or authorized agent of the building or work
and shall contain least the following: (1) the name and address of the owner; (2) identification or
description of the land on which the work is to be done; (3) a description of use or occupancy of
the land and existing or proposed building; (4) a brief description of the proposed work; (5)
estimated value of the proposed work; and (6) a statement that the work shall be performed in
compliance with the Uniform Code and applicable state and local laws, ordinances and regulations.
(c) A duplicate set of plans, drawings and specifications (except for demolition or removal of a
building) shall accompany such application. All drawings and plans shall be to the satisfaction of
the Building Inspector and shall comply with the applicable provisions of the Uniform Code and
local requirements.
SECTION 3
Fees. (a) Fees for permits shall be based on the estimated value of the work as prescribed herein
and shall accompany the application for the permit.
(b) the following fees shall be applicable;
Building Permit Application................................................$15.00
Building Permit: 2c/sq.ft. x Total Sq. Footage
less 120 Sq.Ft. and not
to exceed.................................................$75.00
SPECIAL FEES:
Extension of Building Permit.........................................$10.00
Demolition Permit..........................................................$15.00
Certificate of Occupancy (change of occupancy).....$25.00
(6) Certificate of Occupancy (if building permit is in effect) no charge. Otherwise $25.00 for one
and two-family dwellings. $25.00 for an individual dwelling owned in condominium or cooperative
form. $100.00 for all others.
SECTION 4
Building Inspections. (a) The progress of work for which a permit has been issued shall be
inspected at such times and intervals as may be necessary and appropriate to determine whether
the work is being performed in compliance with the Uniform Code and applicable regulations. Such
inspection shall be carried out prior to enclosing or covering of the particular portion or phase of
building construction, including but not limited to excavation, foundation, superstructure, electrical,
plumbing, heating and air conditioning.
(b) The inspection shall be made by the enforcement official.
(c) It shall be the duty and responsibility of the owner or authorized agent to inform the
enforcement official that the work is ready for each phase of inspection.
SECTION 5
Certificate of Occupancy. (a) A building or structure for which a permit has been issued shall not
be used or occupied in whole or in part until a certificate of occupancy shall have been issued by
the enforcement official. Such certificate of occupancy shall be issued when after final inspection
it is determined that the construction and other work has been completed in compliance with the
Uniform Code and other applicable laws, rules and regulations.
(b) A temporary certificate of occupancy may be issued pending final completion of the work
provided the use or occupancy of the building shall not present a danger to any person or
property.
(c) A certificate of occupancy may be issued for any building or individual dwelling unit at any
other time after inspection thereof by request, determination of compliance and payment of the
prescribed fees.
SECTION 6
Fire Prevention and Safety Inspection. (a) All dwelling units in a building consisting of more than
three or more units, shall be inspected for the purpose of determining compliance with safety
requirements of the Uniform Code at least once in every 12 months. Inspection of the common
areas of such building such as halls, foyers, staircases, etc. shall be so inspected once in every
12 months. A fee of $10.00 per dwelling unit shall be charged to the owner of the building or
dwelling unit for each such inspection and of a fee of $25.00 shall be charged for inspection of
the common areas of such building. The fee shall be paid by such owner within 10 days of date of
the statement therefor.
(b) All other buildings, uses and occupancies shall be inspected at least once in every 12 months.
(c) An inspection of building or dwelling unit shall be performed at any other time upon (1) request
of owner or authorized agent, (2) receipt of a written statement specifying ground upon which the
subscriber believes a violation of the Uniform Code exists or (3) other reasonable and reliable
information that such violation exists.
(d) Such inspection shall be performed by the Enforcement Officer.
SECTION 7
Annual Reports.
The enforcement official shall annually submit a report to the town board on or before December
31 of that year, containing such information as the town board shall prescribe by resolution,
including but not limited to the number and category of inspections conducted during the town's
preceding fiscal year, the number of violation and abatement thereof, the number and type of
permits issued, and recommendations for improving the administration and enforcement of the
Uniform Code.
SECTION 8
Variance and Review.
A request for a variance from the Uniform Code and an appeal to review determination of or failure
to render a determination by the enforcement official shall be processed with the appropriate
board of review as provided in 19 NYCRR 440.
SECTION 9
Remedies and Penalties.
In addition to the remedies prescribed by Executive Law, Section 382, any person, corporation,
association, firm or partnership that fails to remedy the condition found to exist in violation of the
Uniform Code and this local law shall be subject to a fine of not more than $500.00 or imprisonment
for a period not exceeding 15 days or to both such fine and imprisonment. Each violation that
continues to exist beyond the date fixed in the order of the enforcement official to remedy the
violation shall be deemed a separate offense.
SECTION 10
A permit for installation of a solid fuel burning heating appliance, chimney and flue in any dwelling
unit shall be obtained as provided in Section 2 of this local law. If the enforcement official, after
inspection, determines that the installation is in compliance with the Uniform Code, he shall issue a
certificate of compliance on a form to be prescribed by the resolution of the town board. A
violation of this section and of subdivision 5 of section 378 of the Executive Law shall be
punishable as provided in such subdivision 5.
SECTION 11
This local law shall take effect immediately upon filing in the office of the Secretary of State.
A local law providing for the administration and enforcement of the uniform fire prevention and
building code.
SECTION 1
Definition. (a) The words and terms used in this local law shall have meaning as those contain in
Executive Law. Article 1B, as added by Chapter 707 of the Law of 1981, unless the context say
otherwise require, (b) "Enforcement official" shall mean the building inspector authorized and
empowered to administer and enforce the Uniform Code in the town.
SECTION 2
Permit. (a) No person, firm, corporation, association or partnership shall commence the
construction, enlargement, alteration, improvement, removal or demolition of any building or
structure or any portion thereof with first having obtained a permit from the Town Clerk of the
town. No such permit shall be required for necessary repairs which are not of a structural nature
and do not involve abatement of a violation of the Uniform Code.
(b) the form of the permit and application therefor shall be prescribed by a resolution of the town
board. The application shall be signed by the owner or authorized agent of the building or work
and shall contain least the following: (1) the name and address of the owner; (2) identification or
description of the land on which the work is to be done; (3) a description of use or occupancy of
the land and existing or proposed building; (4) a brief description of the proposed work; (5)
estimated value of the proposed work; and (6) a statement that the work shall be performed in
compliance with the Uniform Code and applicable state and local laws, ordinances and regulations.
(c) A duplicate set of plans, drawings and specifications (except for demolition or removal of a
building) shall accompany such application. All drawings and plans shall be to the satisfaction of
the Building Inspector and shall comply with the applicable provisions of the Uniform Code and
local requirements.
SECTION 3
Fees. (a) Fees for permits shall be based on the estimated value of the work as prescribed herein
and shall accompany the application for the permit.
(b) the following fees shall be applicable;
Building Permit Application................................................$15.00
Building Permit: 2c/sq.ft. x Total Sq. Footage
less 120 Sq.Ft. and not
to exceed.................................................$75.00
SPECIAL FEES:
Extension of Building Permit.........................................$10.00
Demolition Permit..........................................................$15.00
Certificate of Occupancy (change of occupancy).....$25.00
(6) Certificate of Occupancy (if building permit is in effect) no charge. Otherwise $25.00 for one
and two-family dwellings. $25.00 for an individual dwelling owned in condominium or cooperative
form. $100.00 for all others.
SECTION 4
Building Inspections. (a) The progress of work for which a permit has been issued shall be
inspected at such times and intervals as may be necessary and appropriate to determine whether
the work is being performed in compliance with the Uniform Code and applicable regulations. Such
inspection shall be carried out prior to enclosing or covering of the particular portion or phase of
building construction, including but not limited to excavation, foundation, superstructure, electrical,
plumbing, heating and air conditioning.
(b) The inspection shall be made by the enforcement official.
(c) It shall be the duty and responsibility of the owner or authorized agent to inform the
enforcement official that the work is ready for each phase of inspection.
SECTION 5
Certificate of Occupancy. (a) A building or structure for which a permit has been issued shall not
be used or occupied in whole or in part until a certificate of occupancy shall have been issued by
the enforcement official. Such certificate of occupancy shall be issued when after final inspection
it is determined that the construction and other work has been completed in compliance with the
Uniform Code and other applicable laws, rules and regulations.
(b) A temporary certificate of occupancy may be issued pending final completion of the work
provided the use or occupancy of the building shall not present a danger to any person or
property.
(c) A certificate of occupancy may be issued for any building or individual dwelling unit at any
other time after inspection thereof by request, determination of compliance and payment of the
prescribed fees.
SECTION 6
Fire Prevention and Safety Inspection. (a) All dwelling units in a building consisting of more than
three or more units, shall be inspected for the purpose of determining compliance with safety
requirements of the Uniform Code at least once in every 12 months. Inspection of the common
areas of such building such as halls, foyers, staircases, etc. shall be so inspected once in every
12 months. A fee of $10.00 per dwelling unit shall be charged to the owner of the building or
dwelling unit for each such inspection and of a fee of $25.00 shall be charged for inspection of
the common areas of such building. The fee shall be paid by such owner within 10 days of date of
the statement therefor.
(b) All other buildings, uses and occupancies shall be inspected at least once in every 12 months.
(c) An inspection of building or dwelling unit shall be performed at any other time upon (1) request
of owner or authorized agent, (2) receipt of a written statement specifying ground upon which the
subscriber believes a violation of the Uniform Code exists or (3) other reasonable and reliable
information that such violation exists.
(d) Such inspection shall be performed by the Enforcement Officer.
SECTION 7
Annual Reports.
The enforcement official shall annually submit a report to the town board on or before December
31 of that year, containing such information as the town board shall prescribe by resolution,
including but not limited to the number and category of inspections conducted during the town's
preceding fiscal year, the number of violation and abatement thereof, the number and type of
permits issued, and recommendations for improving the administration and enforcement of the
Uniform Code.
SECTION 8
Variance and Review.
A request for a variance from the Uniform Code and an appeal to review determination of or failure
to render a determination by the enforcement official shall be processed with the appropriate
board of review as provided in 19 NYCRR 440.
SECTION 9
Remedies and Penalties.
In addition to the remedies prescribed by Executive Law, Section 382, any person, corporation,
association, firm or partnership that fails to remedy the condition found to exist in violation of the
Uniform Code and this local law shall be subject to a fine of not more than $500.00 or imprisonment
for a period not exceeding 15 days or to both such fine and imprisonment. Each violation that
continues to exist beyond the date fixed in the order of the enforcement official to remedy the
violation shall be deemed a separate offense.
SECTION 10
A permit for installation of a solid fuel burning heating appliance, chimney and flue in any dwelling
unit shall be obtained as provided in Section 2 of this local law. If the enforcement official, after
inspection, determines that the installation is in compliance with the Uniform Code, he shall issue a
certificate of compliance on a form to be prescribed by the resolution of the town board. A
violation of this section and of subdivision 5 of section 378 of the Executive Law shall be
punishable as provided in such subdivision 5.
SECTION 11
This local law shall take effect immediately upon filing in the office of the Secretary of State.
A local law providing for the administration and
enforcement of the Uniform Fire Prevention and Building
Code.
enforcement of the Uniform Fire Prevention and Building
Code.
Local Law 1 1985:
June 24, 1985
Town Municipal Building
1102 Portville-Olean Rd
PO Box 630
Portville, NY 14770
(716) 933-6658 Office
(716) 933-7877 Fax
contact-us@portville-ny.org
1102 Portville-Olean Rd
PO Box 630
Portville, NY 14770
(716) 933-6658 Office
(716) 933-7877 Fax
contact-us@portville-ny.org
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