welcome to:
PORTVILLE, NEW YORK
PORTVILLE, NEW YORK
Be it enacted by the Town Board of the Town of Portville, in the County of Cattaraugus, as follows:
SECTION 1. PURPOSE AND INTENT
This local law 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 Town. This local law is adopted pursuant to section 10 of the
Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or
other section of this local law, all buildings, structures, and premises, regardless of use or
occupancy, are subject to the provisions this local law.
SECTION 2. DEFINITIONS
In this local law:
“Building Permit” shall mean a permit issued pursuant to section 4 of this local law. The term
“Building Permit” shall also include a Building Permit which is renewed, amended or extended
pursuant to any provision of this local law.
“Certificate of Occupancy” shall mean a certificate issued pursuant to subdivision (b) of section 7
of this local law.
“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to
subdivision (b) of section 3 of this local law.
“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors.
“Compliance Order” shall mean an order issued by the Code Enforcement Officer pursuant to
subdivision (a) of section 15 of this local law.
“Energy Code” shall mean the State Energy Conservation Construction Code, as currently in effect
and as hereafter amended from time to time.
“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 4 of this local
law.
“Operating Permit” shall mean a permit issued pursuant to section 10 of this local law. The term
“Operating Permit” shall also include an Operating Permit which is renewed, amended or extended
pursuant to any provision of this local law.
“Permit Holder” shall mean the Person to whom a Building Permit has been issued.
“Person” shall include 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” shall mean an order issued pursuant to section 6 of this local law.
“Temporary Certificate” shall mean a certificate issued pursuant to subdivision (d) of section 7 of
this local law.
“Town” shall mean the Town of Portville.
“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time.
SECTION 3. 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 local law.
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, 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, fire safety and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or permitted under any provision of
this local law;
(4) to issue Stop Work Orders;
(5) to review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law;
(7) to maintain records;
(8) to collect fees as set by the Town Board of this Town of Portville;
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with this Town's attorney, to pursue such legal actions and proceedings as
may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and
(11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement
Officer by this local law.
(b) The Code Enforcement Officer shall be appointed by the Town Board. 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 Town Board 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 local law.
(d) One or more Inspectors may be appointed by the Town Board 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 local law. 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 Town Board of this Town.
SECTION 4. BUILDING PERMITS.
(a) Building Permits Required. Except as otherwise provided in subdivision (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) construction or installation of one story detached structures associated with one- or two-
family dwellings or multiple single-family dwellings (townhouses) which are used for tool and
storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144
square feet (13.88 square meters);
(2) installation of swings and other playground equipment associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses);
(3) 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 ground;
(4) installation of fences which are not part of an enclosure surrounding a swimming pool;
(5) construction of retaining walls unless such walls support a surcharge or impound Class I, II or
IIIA liquids;
(6) construction of temporary motion picture, television and theater stage sets and scenery;
(7) installation of window awnings supported by an exterior wall of a one- or two-family dwelling
or multiple single-family dwellings (townhouses);
(8) installation of partitions or movable cases less than 5'-9" in height;
(9) painting, wallpapering, tiling, carpeting, or other similar finish work;
(10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or
appliances;
(11) replacement of any equipment provided the replacement does not alter the equipment’s listing
or render it inconsistent with the equipment’s original specifications; or
(12) repairs, provided that such repairs do not involve (i) the removal or cutting away of a
loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component;
(ii) the removal or change of any required means of egress, or the rearrangement of parts of a
structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or
relocation of any building system; or (iv) 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 non-compliant work. The exemption from the
requirement to obtain a building permit for work in any category set forth in subdivision (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. 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:
(1) a description of the proposed work;
(2) the tax map number and the street address of the premises where the work is to be performed;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance with the
provisions of the Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications) which (i) define the
scope of the proposed work; (ii) are prepared by a New York State registered architect or
licensed professional engineer where so required by the Education Law; (iii) indicate with
sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the
proposed work will comply with the Uniform Code and the Energy Code; and (v) 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.
(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 paragraph (5) of subdivision
(d) 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. An application for a Building Permit shall be examined to ascertain
whether the proposed work is in compliance with the applicable requirements of the Uniform Code
and 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 Energy Code.
(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 6 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 subdivision 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 or suspension of Building Permits. If the Code Enforcement Officer determines that a
Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or
that the work for which a Building Permit was issued violates the Uniform Code or the Energy
Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit
until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then
proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code
and the Energy Code.
(k) Revocation or suspension of Building Permits Due To Permit Holder’s Financial Instrument Being
Returned Unpaid. The Building Permits which were issued to a Permit Holder shall be revoked or
suspended, with all assocated activities relating to those Building Permits, if a Permit Holder’s
financial instrument, that was used to pay for said Building Permits, is returned to the Town as a
refusal of payment for any reason by the Permit Holder’s financial institution. The Code
Enforcement Officer will not lift the revocation or suspension until such time as the Permit Holder
has paid to the Town all permit fees and any applicable return financial instrument charges.
(l) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16
(Fees) of this local law 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.
SECTION 5. 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 subdivision (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 made, 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 a 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 Energy Code. Work not in compliance with any applicable provision of the Uniform
Code or 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 section
16 (Fees) of this local law must be paid prior to or at the time of each inspection performed
pursuant to this section.
SECTION 6. 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 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 subdivision (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 section 15
(Violations) of this local law 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.
SECTION 7. CERTIFICATES OF OCCUPANCY
(a) Certificates of Occupancy are required. A Certificate of Occupancy shall be required for any
work which is the subject of a Building Permit and for all structures, 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) 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 Energy Code and, if applicable,
that 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 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) a written statement of structural observations and/or a final report of special inspections, and
(2) flood hazard certifications.
(c) Contents of Certificates of Occupancy. A Certificate of Occupancy shall contain the following
information:
(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; and
(10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy and the
date of issuance.
(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 6 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 section
16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate
of Occupancy or for Temporary Certificate.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing fire fighting services for a property within this Town
shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel burning appliance, chimney or gas vent.
SECTION 9. UNSAFE BUILDING AND STRUCTURES
Unsafe structures and equipment in this Town shall be identified and addressed in accordance
with the procedures established by Local Law Number 1of the year 1999, as now in effect or as
hereafter amended from time to time.
SECTION 10. OPERATING PERMITS.
(a) Operation Permits required. Operating Permits shall be required for conducting the activities or
using the categories of buildings listed below:
(1) 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 section 1225.1;
(2) hazardous processes and activities, including but not limited to, commercial and industrial
operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(3) use of pyrotechnic devices in assembly occupancies;
(4) buildings containing one or more areas of public assembly with an occupant load of 100
persons or more; and
(5) buildings whose use or occupancy classification may pose a substantial potential hazard to
public safety, as determined by resolution adopted by the Town Board of this Town.
Any person who proposes to undertake any activity or to operate any type of building listed in this
subdivision
(a) shall be required to obtain an Operating Permit prior to commencing such activity or 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 circumstance in which more than one activity listed in subdivision (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 section
16 (Fees) of this local law must be paid at the time submission of an application for an Operating
Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
(a) Inspections required. Fire safety 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) Fire safety and property maintenance inspections of buildings or structures which contain an
area of public assembly shall be performed at least once every twelve (12) months.
(2) Fire safety and property maintenance inspections of buildings or structures being occupied as
dormitories shall be performed at least once every twelve (12) months.
(3) Fire safety and property maintenance inspections of all multiple dwellings not included in
paragraphs (1) or (2) of this subdivision, and all non-residential buildings, structures, uses and
occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least
once every thirty-six (36) months.
(b) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a
fire safety 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:
(1) the request of the owner of the property to be inspected or an authorized agent of such
owner;
(2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or
activities failing to comply with the Uniform Code or Energy Code exist; or
(3) 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 Energy Code exist;
provided, however, that nothing in this subdivision 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 local law 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 section 156-e and Education Law section 807-b.
(d) Fee. The fee specified in or determined in accordance with the provisions set forth in section
16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant
to this section. This subdivision shall not apply to inspections performed by OFPC.
SECTION 12. 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
local law, 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 section 15
(Violations) of this local law;
(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.
SECTION 13. RECORD KEEPING.
(a) In the Town Municipal Building’s Record Retention Facility, under the access and control of the
Town Clerk, 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, 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 sections 4 through 12,
inclusive, of this local law, including; 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 or structures, or appurtenances thereto, shall
be retained for at least the minimum time period so required by State law and regulation.
SECTION 14. PROGRAM REVIEW AND REPORTING
(a) The Code Enforcement Officer shall annually submit to the Town Board of this Town 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 section
13 (Record Keeping) of this local law 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
Town, on a form prescribed by the Secretary of State, a report of the activities of this Town
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
Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and
accounts of the activities of this Town in connection with administration and enforcement of the
Uniform Code.
SECTION 15: VIOLATIONS
(a) Compliance Orders. 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 local law. Upon finding that any
such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order.
The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement
Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this
local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this
local law which is/are violated by the specified condition or activity; (5) specify the period of time
which the Code Enforcement Officer deems to be reasonably necessary for achieving
compliance; (6) direct that compliance be achieved within the specified period of time; and (7)
state that an action or proceeding to compel compliance may be instituted if compliance is not
achieved within the specified period of time. 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. 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.
(b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to
issue appearance tickets for any violation of the Uniform Code.
(c) Civil Penalties. In addition to those penalties proscribed by State law, any Person who violates
any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of
any Building Permit, Certificate of Occupancy, Temporary Certificate, Stop Work Order, Operating
Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision
of this local law, 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 subdivision shall be
recoverable in an action instituted in the name of this Town.
(d) Injunctive Relief. An action or proceeding may be instituted in the name of this Town, 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 local law, or any term or
condition of any Building Permit, Certificate of Occupancy, 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 local law. 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 local law, or any Stop Work Order, Compliance Order or other order
obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may
be commenced in the name of this Town, 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
subdivision shall be commenced without the appropriate authorization from the Town Board of this
Town.
(e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive
remedy or remedy 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 section 6 (Stop Work Orders) of this local
law, in any other section of this local law, 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 section 6 (Stop Work
Orders) of this local law, in any other section of this local law, 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
section 381 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 section 381 of the Executive Law.
SECTION 16: FEES
A fee schedule shall be established by resolution of the Town Board of this Town. 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, Temporary Certificates, Operating
Permits, fire safety and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this local law.
SECTION 17. INTERMUNICIPAL AGREEMENTS
The Town Board of this Town may, by resolution, authorize the Supervisor of this Town to enter
into an agreement, in the name of this Town, with other governments to carry out the terms of this
local law, provided that such agreement does not violate any provision of the Uniform Code, the
Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
SECTION 18. PARTIAL INVALIDITY
If any section of this local law 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
local law.
SECTION 19. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State
Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
SECTION 1. PURPOSE AND INTENT
This local law 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 Town. This local law is adopted pursuant to section 10 of the
Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or
other section of this local law, all buildings, structures, and premises, regardless of use or
occupancy, are subject to the provisions this local law.
SECTION 2. DEFINITIONS
In this local law:
“Building Permit” shall mean a permit issued pursuant to section 4 of this local law. The term
“Building Permit” shall also include a Building Permit which is renewed, amended or extended
pursuant to any provision of this local law.
“Certificate of Occupancy” shall mean a certificate issued pursuant to subdivision (b) of section 7
of this local law.
“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to
subdivision (b) of section 3 of this local law.
“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors.
“Compliance Order” shall mean an order issued by the Code Enforcement Officer pursuant to
subdivision (a) of section 15 of this local law.
“Energy Code” shall mean the State Energy Conservation Construction Code, as currently in effect
and as hereafter amended from time to time.
“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 4 of this local
law.
“Operating Permit” shall mean a permit issued pursuant to section 10 of this local law. The term
“Operating Permit” shall also include an Operating Permit which is renewed, amended or extended
pursuant to any provision of this local law.
“Permit Holder” shall mean the Person to whom a Building Permit has been issued.
“Person” shall include 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” shall mean an order issued pursuant to section 6 of this local law.
“Temporary Certificate” shall mean a certificate issued pursuant to subdivision (d) of section 7 of
this local law.
“Town” shall mean the Town of Portville.
“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time.
SECTION 3. 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 local law.
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, 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, fire safety and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or permitted under any provision of
this local law;
(4) to issue Stop Work Orders;
(5) to review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law;
(7) to maintain records;
(8) to collect fees as set by the Town Board of this Town of Portville;
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with this Town's attorney, to pursue such legal actions and proceedings as
may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and
(11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement
Officer by this local law.
(b) The Code Enforcement Officer shall be appointed by the Town Board. 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 Town Board 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 local law.
(d) One or more Inspectors may be appointed by the Town Board 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 local law. 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 Town Board of this Town.
SECTION 4. BUILDING PERMITS.
(a) Building Permits Required. Except as otherwise provided in subdivision (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) construction or installation of one story detached structures associated with one- or two-
family dwellings or multiple single-family dwellings (townhouses) which are used for tool and
storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144
square feet (13.88 square meters);
(2) installation of swings and other playground equipment associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses);
(3) 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 ground;
(4) installation of fences which are not part of an enclosure surrounding a swimming pool;
(5) construction of retaining walls unless such walls support a surcharge or impound Class I, II or
IIIA liquids;
(6) construction of temporary motion picture, television and theater stage sets and scenery;
(7) installation of window awnings supported by an exterior wall of a one- or two-family dwelling
or multiple single-family dwellings (townhouses);
(8) installation of partitions or movable cases less than 5'-9" in height;
(9) painting, wallpapering, tiling, carpeting, or other similar finish work;
(10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or
appliances;
(11) replacement of any equipment provided the replacement does not alter the equipment’s listing
or render it inconsistent with the equipment’s original specifications; or
(12) repairs, provided that such repairs do not involve (i) the removal or cutting away of a
loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component;
(ii) the removal or change of any required means of egress, or the rearrangement of parts of a
structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or
relocation of any building system; or (iv) 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 non-compliant work. The exemption from the
requirement to obtain a building permit for work in any category set forth in subdivision (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. 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:
(1) a description of the proposed work;
(2) the tax map number and the street address of the premises where the work is to be performed;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance with the
provisions of the Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications) which (i) define the
scope of the proposed work; (ii) are prepared by a New York State registered architect or
licensed professional engineer where so required by the Education Law; (iii) indicate with
sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the
proposed work will comply with the Uniform Code and the Energy Code; and (v) 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.
(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 paragraph (5) of subdivision
(d) 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. An application for a Building Permit shall be examined to ascertain
whether the proposed work is in compliance with the applicable requirements of the Uniform Code
and 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 Energy Code.
(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 6 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 subdivision 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 or suspension of Building Permits. If the Code Enforcement Officer determines that a
Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or
that the work for which a Building Permit was issued violates the Uniform Code or the Energy
Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit
until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then
proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code
and the Energy Code.
(k) Revocation or suspension of Building Permits Due To Permit Holder’s Financial Instrument Being
Returned Unpaid. The Building Permits which were issued to a Permit Holder shall be revoked or
suspended, with all assocated activities relating to those Building Permits, if a Permit Holder’s
financial instrument, that was used to pay for said Building Permits, is returned to the Town as a
refusal of payment for any reason by the Permit Holder’s financial institution. The Code
Enforcement Officer will not lift the revocation or suspension until such time as the Permit Holder
has paid to the Town all permit fees and any applicable return financial instrument charges.
(l) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16
(Fees) of this local law 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.
SECTION 5. 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 subdivision (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 made, 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 a 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 Energy Code. Work not in compliance with any applicable provision of the Uniform
Code or 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 section
16 (Fees) of this local law must be paid prior to or at the time of each inspection performed
pursuant to this section.
SECTION 6. 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 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 subdivision (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 section 15
(Violations) of this local law 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.
SECTION 7. CERTIFICATES OF OCCUPANCY
(a) Certificates of Occupancy are required. A Certificate of Occupancy shall be required for any
work which is the subject of a Building Permit and for all structures, 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) 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 Energy Code and, if applicable,
that 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 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) a written statement of structural observations and/or a final report of special inspections, and
(2) flood hazard certifications.
(c) Contents of Certificates of Occupancy. A Certificate of Occupancy shall contain the following
information:
(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; and
(10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy and the
date of issuance.
(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 6 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 section
16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate
of Occupancy or for Temporary Certificate.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing fire fighting services for a property within this Town
shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel burning appliance, chimney or gas vent.
SECTION 9. UNSAFE BUILDING AND STRUCTURES
Unsafe structures and equipment in this Town shall be identified and addressed in accordance
with the procedures established by Local Law Number 1of the year 1999, as now in effect or as
hereafter amended from time to time.
SECTION 10. OPERATING PERMITS.
(a) Operation Permits required. Operating Permits shall be required for conducting the activities or
using the categories of buildings listed below:
(1) 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 section 1225.1;
(2) hazardous processes and activities, including but not limited to, commercial and industrial
operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(3) use of pyrotechnic devices in assembly occupancies;
(4) buildings containing one or more areas of public assembly with an occupant load of 100
persons or more; and
(5) buildings whose use or occupancy classification may pose a substantial potential hazard to
public safety, as determined by resolution adopted by the Town Board of this Town.
Any person who proposes to undertake any activity or to operate any type of building listed in this
subdivision
(a) shall be required to obtain an Operating Permit prior to commencing such activity or 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 circumstance in which more than one activity listed in subdivision (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 section
16 (Fees) of this local law must be paid at the time submission of an application for an Operating
Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
(a) Inspections required. Fire safety 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) Fire safety and property maintenance inspections of buildings or structures which contain an
area of public assembly shall be performed at least once every twelve (12) months.
(2) Fire safety and property maintenance inspections of buildings or structures being occupied as
dormitories shall be performed at least once every twelve (12) months.
(3) Fire safety and property maintenance inspections of all multiple dwellings not included in
paragraphs (1) or (2) of this subdivision, and all non-residential buildings, structures, uses and
occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least
once every thirty-six (36) months.
(b) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a
fire safety 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:
(1) the request of the owner of the property to be inspected or an authorized agent of such
owner;
(2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or
activities failing to comply with the Uniform Code or Energy Code exist; or
(3) 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 Energy Code exist;
provided, however, that nothing in this subdivision 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 local law 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 section 156-e and Education Law section 807-b.
(d) Fee. The fee specified in or determined in accordance with the provisions set forth in section
16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant
to this section. This subdivision shall not apply to inspections performed by OFPC.
SECTION 12. 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
local law, 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 section 15
(Violations) of this local law;
(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.
SECTION 13. RECORD KEEPING.
(a) In the Town Municipal Building’s Record Retention Facility, under the access and control of the
Town Clerk, 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, 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 sections 4 through 12,
inclusive, of this local law, including; 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 or structures, or appurtenances thereto, shall
be retained for at least the minimum time period so required by State law and regulation.
SECTION 14. PROGRAM REVIEW AND REPORTING
(a) The Code Enforcement Officer shall annually submit to the Town Board of this Town 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 section
13 (Record Keeping) of this local law 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
Town, on a form prescribed by the Secretary of State, a report of the activities of this Town
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
Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and
accounts of the activities of this Town in connection with administration and enforcement of the
Uniform Code.
SECTION 15: VIOLATIONS
(a) Compliance Orders. 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 local law. Upon finding that any
such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order.
The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement
Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this
local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this
local law which is/are violated by the specified condition or activity; (5) specify the period of time
which the Code Enforcement Officer deems to be reasonably necessary for achieving
compliance; (6) direct that compliance be achieved within the specified period of time; and (7)
state that an action or proceeding to compel compliance may be instituted if compliance is not
achieved within the specified period of time. 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. 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.
(b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to
issue appearance tickets for any violation of the Uniform Code.
(c) Civil Penalties. In addition to those penalties proscribed by State law, any Person who violates
any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of
any Building Permit, Certificate of Occupancy, Temporary Certificate, Stop Work Order, Operating
Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision
of this local law, 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 subdivision shall be
recoverable in an action instituted in the name of this Town.
(d) Injunctive Relief. An action or proceeding may be instituted in the name of this Town, 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 local law, or any term or
condition of any Building Permit, Certificate of Occupancy, 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 local law. 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 local law, or any Stop Work Order, Compliance Order or other order
obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may
be commenced in the name of this Town, 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
subdivision shall be commenced without the appropriate authorization from the Town Board of this
Town.
(e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive
remedy or remedy 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 section 6 (Stop Work Orders) of this local
law, in any other section of this local law, 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 section 6 (Stop Work
Orders) of this local law, in any other section of this local law, 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
section 381 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 section 381 of the Executive Law.
SECTION 16: FEES
A fee schedule shall be established by resolution of the Town Board of this Town. 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, Temporary Certificates, Operating
Permits, fire safety and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this local law.
SECTION 17. INTERMUNICIPAL AGREEMENTS
The Town Board of this Town may, by resolution, authorize the Supervisor of this Town to enter
into an agreement, in the name of this Town, with other governments to carry out the terms of this
local law, provided that such agreement does not violate any provision of the Uniform Code, the
Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
SECTION 18. PARTIAL INVALIDITY
If any section of this local law 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
local law.
SECTION 19. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State
Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
A local law providing for the administration and
enforcement of the New York State Uniform Fire
Prevention And Building Code.
enforcement of the New York State Uniform Fire
Prevention And Building Code.
Local Law 1 2008:
March 17, 2008 @ DOS
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
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
