LOCAL LAW NO 2 - 1993

VILLAGE of CAYUGA

Local Law providing for administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Village of Cayuga.

Section 1. Applicability

This legal Law shall provide for administration and enforcement of the New York State Uniform Fire Prevention and Building Code Act in the Village of Cayuga and shall establish powers, duties and responsibilities in connection therewith.

Section 2. Effective Date

This local shall take effect on the 9th day of June 1993.

Section 3. Administration

The Trustees of the Village of Cayuga shall designate an official inspector for the New York State Uniform Fire prevention and Building Code within the Village of Cayuga.

Section 4. 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 thereof.

Section 5. Rules and Regulations
  1. The trustees of the Village of Cayuga shall promulgate rules and regulations to secure the intent and purposes of this local law and a proper enforcement of the laws, ordinances, rules and regulations governing building plans, specifications, construction, alteration or repairs.
Section 6. Enforcement Officer
  1. The Enforcement Officer of the Village of Cayuga is hereby designated to administer and enforce the New York State Uniform Fire Prevention and Building Code (hereinafter "Uniform Code") in the Village of Cayuga.

  2. Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as otherwise provided, the Enforcement Officer shall administer and enforce all of the provisions of the Uniform Code and other laws, ordinances, rules and regulations applicable to plans, specifications or permits for the construction, alteration and repair to buildings and structures, and the installation and use of materials and equipment therein, and to the location, use and occupancy thereof.

  3. In the absence of the Enforcement Officer or other associate, or in the case of his inability to act: for any reason the Village Mayor shall have the power, with the consent of the Village Board, to designate a person to act on behalf of the Enforcement Officer and to exercise all the powers conferred upon him by this ordinance.


Section 7. Building Permits
  1. No person, firm, corporation, association or other organization shall commence the erection, construciton, enlargement, alteration, improvement, removal, or demolition of any building or structure except an agricultural building or structure, nor install heating equipment without having applied for and obtained a permit from the Enforcement officer. However, no permit shall be required for the performance of necessary repairs which are not of a structural nature and which are done in conformance with . the Uniform Code, nor alterations to existing buildings, provided that the alterations:

    1. Costs less than $10,000;

    2. Do not materially affect structural features

    3. Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits;

    4. Do not involve the installation or extension of electrical systems;

    5. Do not include the installation of solid fuel burning heating appliances and associated chimneys or flues;

    nor shall noncommercial structures not intended for use by one or more persons be occupied as quarters for living, sleeping, eating or cooking, for example, a small storage building 100 square feet or less.

  2. Applications for a building permit may be obtained from the Enforcement Officer, the Village Clerk of the Village of Cayuga. A completed application must contain:

    1. The signature of the applicant or authorized agents;

    2. A description of the site on which the proposed work is to be done;

    3. A statement of the use or occupancy of all parts of the land and of the proposed building or structure;

    4. A brief description of the proposed work;

    5. The estimated cost: of the proposed work with appropriate substantiation;

    6. The full name and address of the owner and the applicant, and if either be a corporation, the names and addresses of responsible officers;

    7. Two sets of plans and specifications for the proposed work;

    8. The fee as adopted by the Village of of Cayuga:

    9. A statement granting the applicants permission for the Enforcement Officer to enter the property and structure thereon as frequently as he deems necessary to inspect the same for the compliance with the Uniform Code.

    The applicant may request that the requirement of plans and specifications be waived where the work to be done involves minor alterations or are otherwise unnecessary, but: a drawing is required to pinpoint the location.

  3. The applicant shall notify they Enforement Officer of any changes in the information contained in the application during the period for which the permit; is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein.

  4. A building permit issued shall be prominently displayed on the property or premises to which it pertains.

  5. A building permit issued may be suspended or revoked if it is determined by Official Inspector that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any condition attached to such permit, or if there has been a misrepresentation or falsification or a material fact; in connection with the application for the permit.

  6. A building permit issued shall expire one (1) year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy) , whichever occurs first. The permit may, upon written request, be renewed for successive twelve-month periods provided that: (i) the permit has not been revoked or suspended at the time the application for renewal is made, (ii) the relevant information in the application is up to date, and (iii) the renewal fee of half the original fee is paid.


Section 8. Certificate of Occupancy
  1. No building erected subject to the Uniform Code shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued. No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing the change has been issued. The owner or his agent shall make application for a certificate of occupancy.

  2. No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code in the area intended for use.

  3. No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been applied for.

  4. When, after final inspection it is found that the proposed work has been completed in accordance with the applicable laws, ordinances, rules or regulations, and also in accordance with the application, the official enforcement officer shall issue a certificate of occupancy upon forms provided by them if it is found the proposed work has not been properly completed, the official inspector or inspection agency shall not issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations

  5. A certificate of occupancy shall be issued where appropriate, within thirty days after written application therefor is made.

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

  7. Upon request, the official. inspector or inspection agency may issue a temporary certificate of occupancy for building or structure, or part thereof, before the entire work covered by the building permit shall have been completed provided such portions as have been completed may be occupied safely without endangering life or the public health and welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good causes, the official inspector or inspection agency may allow a maximum of two extensions for periods not exceeding three months each.
Section 9. Inspection and Inspectors
  1. Work for which a building permit has been issued shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including, but not limited to, building location, site preparation, excavation, footers, foundation, framing super structure, insulation, electrical, plumbing and heating, and air conditioning, and a final inspection. It shall be the responsibility of the owner, applicant, or his agent to inform the Enforcement Officer that the work is ready for inspection and to schedule such inspection along with final electrical certificate.

  2. Existing bindings not subject to inspection under subdivision (A) of this part shall be subject to periodic inspections for compliance with the Uniform Code in accordance with the following schedule: all areas of public assembly defined in the Uniform Code, all buildings or structures containing areas of public assembly, and the common areas of multiple dwellings, every twelve (12) months; all buildings or structures open to the general public every twelve (12); all other buildings every two (2) years. Notwithstanding any requirements of this subpart to the contrary, no regular, periodic inspections of occupied dwelling units shall be required, however, that this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.

  3. The inspection required by this part will be performed by the Enforcement Officer. The Enforcement Officer is authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, an or about any building. Such orders shall be served in person upon a responsible party or his authorized agent or by certified mail sent to the address of a responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as provided by law.

Section 10. Record Keeping
  1. The Enforcement Officer shall keep permanent official records at the office of the Village Clerk of all transactions and activities conducted by him including all appliations received plans approved, permits and certificates issued, fees charged and collected by the Village Clerk, inspection reports, and notices and orders issued. All such reports shall be public information open to the public inspection during normal business hours on designated days at the Village Clerk's Ofice.

  2. The Enforcement Officer shall annually submit to the Village Board a written report of all business conducted.
Section 11. Violations

In accordance with Section 383 of Article 18 of the Executive Law of the State of New York:
  1. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, or use or occupy any building or structure or portion thereof in violation of any provisions of law or ordinance, as well as any rule or regulation promulgated by the municipality in accordance with applicable law, or fail in any manner to comply with a notice or directive or order of the municipality or to construct, alter, use or occupy any building or structure or part; thereof, in a manner not permitted by an approved building permit or certificate of occupancy.

  2. Any person who shall fail to comply with a written order within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any person taking part or assisting in the construction or use of the building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit, or certificate of the inspector made thereunder shall be punishable by fine or imprisonment or both. Each week that a violation continues shall be deemed a separate offense.

  3. Whenever the designated inspector finds that there has been a violation of the Uniform Code, this local law or any rule or regulation adopted pursuant to this local law, a violation order shall be issued to the person or persons responsible by the Trustees of the Village of Cayuga or the Enforcement Officer.

  4. Violation orders shall be in writing; shall identify the property or premises, shall specify the violation and remedial action to be taken; shall provide a reasonable time limit for compliance; and shall state the time within which an appeal may be taken.

  5. Violation Orders may be served by personal service; by mailing registered or certified mail; or by posting a copy there-of in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.

  6. In case the owner, lessor, occupant, or the agent of any of them shall fail, neglect, or refuse to remove, eliminate, or abate the violation within the time specified, legal action shall he made to the Town Justice and/or the New York State Supreme Court.
Section 12. Penalties
  1. Failure to comply with any provision of the New York State Uniform Fire Prevention and Building Code, this local law, rules or regulations adopted pursuant to this Local Law, or a violation order shall be deemed a violation punishable by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment not to exceed one (1) year or both, and each week such violation continues shall constitute a separate violation.

  2. Any action or proceeding in the name of the Village of Cayuga may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this local law, any rules or regulations adopted, pursuant to this local law, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.

Section 13. Right of Entry

The inspector, upon showing of proper credentials and in the discharge of their duties to insure compliance with the New York State Uniform Fire Prevention acrd Building Code Act, shall be permitted to enter upon any building, structure or premises without interference, during reasonable working hours.

Section 14. Fees
  1. The property owner or contractor shall pay for all authorized inspections and reinspections of all buildings and structures under construction, subject to the provisions of the Uniform Code.

  2. A copy of the fee schedule will be kept on file with the Village Clerk and a copy will be part of the application packet. Fee schedules may be changed from time to time with approval of the Trustees of the Village of Cayuga.

  3. When applicable, the cost for the Professional Engineer approval will be assumed by the applicant.

  4. In the event that an application for a building permit is not approved, after two (2) resubmittals, each within 30 days of denial or approval, the applicant shall be entitled to a refund of 50% of the fee paid, provided no work has commenced. If work has been started and the application in not approved, the fees paid shall not be refunded.

  5. The cost estimate for all existing buildings or structures subject to periodic fire prevention inspections will be reviewed with the Trustees of the Village of Cayuga on an annual basis.


Section 15. Stop Orders

When the inspector has reasonable grounds to believe that the work of any building or structure is being prosecuted in violation of applicable building laws, ordinances rules or regulations, or not in conformity with the provisions of all application, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, to suspend all work and suspend all building activities until the stop order has been rescinded. Such order and notice shall appear in writing and shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed whether by delivering it personally to him, or by posting the same upon .a conspicuous portion of the building where the work is being performed and sending a copy of the same to him by certified mail at the address set forth in the application for the permission for the construction of such building.

Section 16. Variance
  1. A Zoning Board of Appeals has been established with the power to grant variances where enforcement of any provision or requirement of the New York State Uniform Fire Prevention and Building Code Act results in practical difficulty or unnecessary hardship. Any such variance shall be consistent with the spirit of the Code and shall not be inconsistent with subdivision two of section three hundred ninety one of the Executive Law.

  2. The Zoning Board of Appeals shall have the power (1) to vary or modify, in whole or in part, any provision or requirement of the Uniform Code in cases where strict compliance with such provision or requirement would entail practical difficulties or unnecessary hardship or would otherwise be unwarranted provided, however, that any such variance or modification will not substantially adversely affect provisions for health, safety and security and that equally safe and proper alternatives are prescribed; and (2) to hear and decide appeals from and review any order or determination, or the failure within a reasonable time to make any such order or determination, by an administrative official charged with the enforcement of or purporting to enforce the Uniform Code.