Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use itahcs or
underlinine to indicate new matter. \Z'' STATEO? ^»:V.-
' F 1 L F: D
^ : o f CLAY tg;007.
Town
Local Law No. J ofthe year 2 o 2 2 Z _ & ^TA \ i:: 1: *^vUn
A local law Adding a new Chapter 80 entitled "ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE
UNIFORM KlR&'^f^kEVENTION AND BUILDING CODE" to the Code of the Town of Clay
Beitenactedbythe Town Board of the Town of Clay ^ft^e
(Name oj Legislative Body)
>S*tX , f OF CLAY
Town
SEE ATTACHED LOCAL LAW MADE A PART HEREOF
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 11/99) Page 1 of 3
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 07
I hereby certify that the local law annexed hereto, designated as local law No. _ I of 20 of
the was duly passed by the
Town Board of the Town of Clay on Januarv 3rd, 2091 , in accordance with the applicable
(Name of Legislalive body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(Cify)(Town)(Village) of was duly passed by the
on 20 , and was (approved)( not approved)
(Name ofLegislative Body)
(repassed after disapproval)
dis by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 , in accordance with the apphcable provisions of law
3. (Final adoption by referendum.)
I hereby certify that the local law armexed hereto, designated as local law No. of 20 of
the (Counfy)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)( not approved)
(Name ofLegislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 , in accordance with the appiicabie provisions oflaw.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)( not approved)
(Name ofLegislative Body)
(repassed after disapproval) by the on 20 Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions oflaw.
* Elective ChiefExccutive Officer means or includes the chief executive officer ofa county elected on a county-wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 {Rev. 11/99) P a g O 2 Of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of „ having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ofa majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law armexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majorify of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner
indicated in paragraph 1 , above.
Clerk ofthe county legislative body, City, Town or Village Clerk or
officer designated by local Icgisiativc body
VIVIAN I. MASON. TOWN CLERK
(Seal) Date; JANUARY 5TH. 2007
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of localify.)
STATE OF NEW YORK
COUNTV OF ONONDAGA
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have
been had or taken for the enactment of the local law annexed hereto.
Signature
ROBERT M. GERMAIN
TOWN ATTORNEY
Title
^of r.iAY
Town
JANUARY 8TH, 2007
Date:
DOS-239 (Rev, 11/99) Page 3 of 3
LOCAL LAW NO. 1 OF THE YEAR 2007
TOWN OF CLAY
A Loca! Law adding a new CHAPTER 80, entitled "ADMINISTRATION AND
ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE " to the Code ofthe Town of Clay.
IT IS ENACTED by the Town Board of the Town of Clay, County of Onondaga as follows:
SECTION 1. Adding a new Chapter 80 entitled "ADMINISTRATION AND
ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE" to the Code of the Town of Clay. The purpose of this local law is
amend Chapter 14 - Departments, Chapter 81 - Building Construction and Chapter
86 - Unsafe Buildings of the Code of the Town of Clay to provide for the administration
and enforcement of the New York State Uniform Fire Prevention, Building Code, and
State Energy Conservation Construction Code, due to Part 1203 of Title19 of the Official
Compilation of Codes, Rules and Regulations of the State of New York being repealed
and adding a new Part 1203 entitled "Uniform Code: Minimum Standards for
Administration and Enforcement.". Said Local Law is to read as follows:
See attached Local Law
The Town Board called public hearing on December 18th, 2006 for January 3rd. 2007.
Town Board held and completed public hearing on January 3rd, 2007.
Local Law No. 1 of the Year 2007 as approved by Town Board sent to Dept. of State on January 8th, 2007.
On received letter from Dept. of State with notification of date filed being
§ 80.01 CLAY CODE § 80.02
§ 80.01 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 othen^/ise 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.
§ 80.02 Definitions.
In this local law:
1. "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.
2. Certificate of Compliance shall mean a certificate issued pursuant to subdivision (a) of section
7 of this local law, i.e. swimming pool, fireplace and alterations after completion.
3. Certificate of Occupancy shall mean a certificate issued pursuant to subciivision (b) of section
7 of this local law.
4. "Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to
subdivision (b) of section 3 of this local law.
5. Code Enforcement Personnel" shall Include the Code Enforcement Officer and all Inspectors.
6. "Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to
subdivision (a) ofsection 15 of this local law.
7. "Energy Code" shall mean the State Energy Conservation Construction Code, as currently in
effect and as hereafter amended from time to time.
8. "Inspector" shall mean an inspector appointed pursuant to subdivision (d) of section 3 of this
local law.
9. "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.
10. "Permit Holder" shall mean the Person to whom a Building Permit has been issued.
11. "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.
12. "Stop Work Order" shall mean an order issued pursuant to section 6 of this local law.
13. "Temporary Certificate" shall mean a certificate issued pursuant to subdivision (d) of section 7
of this local law.
14. "Town" shall mean the Town of Clay.
15. "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.
16. "Village" shall mean the Village of North Syracuse.
-1
§ 80.03 ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK § 80.03(d)
STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
§ 80.03 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, 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, 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, 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 Board of the Town of Clay;
(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 iaw.
(b) The Code Enforcement Officer shall be appointed by the 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 there
under.
(c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an
individual shall be appointed by the Board 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 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.
-2-
§ 80.03(e) CLAY CODE § 80.04(d)
(e) The compensation forthe Code Enforcement Officer and Inspectors shall be fixed from time to
time by the Town of Clay.
§ 80.04 Building permits.
(a) Building Permits Required. Except as othenwise 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 ICQ square feet, and only one per property;
(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) construction of retaining walls unless such walls support a surcharge or impound Class
1,11 or IIIA liquids;
(5) construction of temporary motion picture, television and theater stage sets and scenery;
(6) installation of window awnings supported by an exterior wall of a one- or two-family
dwelling or multiple single-family dwellings (townhouses);
(7) installation of partitions or movable cases less than 5'-9" in height;
(8) painting, wallpapering, tiling, carpeting, or other similar finish work;
(9) installation of listed portable electrical, plumbing, heating, ventilation or cooling
equipment or appliances;
(10) 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
(11) repairs, provided that such repairs do not involve (i) the removal or cutting away of a
load bearing 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 orthe 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
-3-
§ 80.04(d) ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK § 80.04(i)
STATE UNIFORM FIRE PREVENTION AND BUILDING 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 ofthe
application for a Building Permit shall be marked as accepted by the Code Enforcement
Officer in writing or by stamp, (stamp will read accepted and date). One set of the accepted
construction documents shall be retained by the Code Enforcement Officer, and one set ofthe
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 displaved. 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.
(') 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 f2 months after
the date of issuance. A Building Permit which has become invalid or which has expired
-4-
§ 80.04(i) CLAY CODE § 80.06(1)
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.
0) 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 ofthe Uniform Code and the Energy Code.
(k) 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 ofa Building Permit.
§ 80.05 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 ofthe 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 Local
Law No. 3 of 1998, or as amended must be paid prior to or at the time of each inspection
performed pursuant to this section.
§ 80.06 Stop work orders.
(a) Authoritv 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
-5-
§ 80.06(2) ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK § 80.07(b)
STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
(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 pursuant to this subdivision may be renewed upon application by the Permit
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 posted on the affected property (or, 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) Remedv 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.
§ 80.07 Certificates of Compliance.
(a) Certificates of Compliance required. A Certificate of Compliance 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 sub-classification 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 Compliance.
(b) Issuance of Certificate 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 sub-classification 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 o f the Uniform Code by such person
§ 80.07 CLAY CODE § 80.07(f)
or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at
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) Certificate of Occupancy. A Certificate of Occupancy shall contain the following information:
(1) the Building Permit number, if any;
(2) the date of issuance ofthe Building Permit, if any;
(3) the name, address and tax map number ofthe 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 ofthe 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 ofthe Building Permit;
and
(10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy the
date of issuance.
(d) Temporarv 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 ofthe 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.
•7-
§ 80.08 ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK § 80.10(f)
STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
§ 80.08 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.
§ 80.09 Unsafe building & structures.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance
with the procedures established by Local Law No. 13 of 1998, as now in effect or as hereafter
amended from time to time.
§ 80.10 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 npening, 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 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 pnor 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.
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§ 80.10(e) CLAY CODE § 80.11(c)
(e) Duration of Operating Permits. Operating permits shall be issued until such permit is revoked
or achange of owner 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 (see
Schedule of Fees of Town Code), 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.
(9) Fee. The fee specified in or determined in accordance with the provisions set forth in the
Town Code 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.
§ 80.11 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 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 ofthe 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.
§ 80.11(c)(1) ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK § 80.13(2)
STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
(1) the Code Enforcement Officer shall not perform fire safety and property maintenance
inspections of a building or structure which contains an area of public assembly if OFPC
performs fire safety and property maintenance inspections of such building or structure
at least once every twelve (12) months;
(2) the Code Enforcement Officer shall not perform fire safety and property maintenance
inspections of a building or structure occupied as a dormitory if OFPC performs fire
safety and property maintenance inspections of such building or structure at least once
every twelve (12) months;
(3) the Code Enforcement Officer shall not perform fire safety and property maintenance
inspections of a multiple dwelling not included in paragraphs (1) or (2) of subdivision (a)
of this section if OFPC performs fire safety and property maintenance inspections of
such multiple dwelling at intervals not exceeding the interval specified in paragraph (3)
of subdivision (a) of this section; and
(4) the Code Enforcement Officer shall not perform fire safety and property maintenance
inspections of a non-residential building, structure, use or occupancy not included in
paragraphs (1) or (2) of subdivision (a) of this section if OFPC performs fire safety and
property maintenance inspections of such non-residential building, structure, use or
occupancy at intervals not exceeding the interval specified in paragraph (3) of
subdivision (a) of this section.]
(c) Fee. The fee specified in or determined in accordance with the provisions set forth in section
80.16 and/or the fee Schedule of the Clay Town Code 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.
§ 80.12 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 othenwise 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.
§ 80.13 Recordkeeping.
(a) The Code Enforcement Officer shall keep permanent official records of all transactions and
activities conducted by all Code Enforcement Personnel, including records of:
(1) all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
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§ 80.13(a)(3) CLAY CODE § 80.15(c)
(3) all Building Permits, Certificate of Occupancy, Certificate of Compliance, Temporary
Certificates, Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all other features and activities specified in or contemplated by sections 4 through 12,
inclusive, of this local law, including; and
(9) ail 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.
§ 80.14 Program review and reporting.
(a) The Code Enforcement Officer shall annually submit to the town of Clay, of this 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 ofthe 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 ofthe activities of this Town in connection with administration
and enforcement ofthe Uniform Code.
§ 80.15 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 ofthe 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 [registered mail / certified maif\. 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 [registered mail/certified ma/7];
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§ 80.15(a) ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK § 80.16
STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
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 ofthe Uniform Code.
(c) Civil Penalties. In addition to those penalties proscribed by State law, any Person who violates
any provision ofthe 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 $250.00 for
each day or part thereof during which such violation continues. The civil penalties provided by
this subdivision shall be recoverable in an action instituted in the name of the Town of Clay.
(d) Iniunctive 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 Supervisor 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 382 of the Executive Law, and any
remedy or penalty specified in this section may be pursued at any time, whether prior to,
simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section
382 of the Executive Law.
§ 80.16 Fees.
A fee schedule is established by resolution of the Board of the Town of Clay. 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, Certificate 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.
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§ 80.17 CLAY CODE § 80.19
§ 80.17 Intermunicipal Agreements
The Town Board of the Town of Clay 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.
§ 80.18 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.
§ 80.19 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 ofthe Municipal Home Rule Law.
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