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Local Law 59 Fire Prevention
Chapter 59: FIRE PREVENTION AND BUILDING CODE, UNIFORM
[HISTORY: Adopted by the Town Board of the Town of Bedford 5-19-1987 as L.L. No. 1-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 6.
Alarm systems — See Ch. 29.
Electrical inspections — See Ch. 52.
Flood damage prevention — See Ch. 62.
Fuel storage tanks — See Ch. 64.
Plumbing — See Ch. 89.
Subdivision of land — See Ch. 107.
Zoning — See Ch. 125.
§ 59-1. Statutory authorization.
Section 381 of the Executive Law, Subdivision 2 thereof, charges the Town with that administration and enforcement of the New York State Uniform Fire Prevention and Building Code.
§ 59-2. Purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare with respect to fire prevention and building.
§ 59-3. Designation of Code Enforcement Official.
There is hereby designated in the Town of Bedford a public official to be known as the "Code Enforcement Official," who shall be appointed by the Town Board at a compensation to be fixed by it.
§ 59-4. Administration and enforcement.
Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Code Enforcement Official shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code and other laws, ordinances, rules and regulations applicable to plans, specifications or permits for the construction, alteration and repair of buildings and structures and the installation and use of materials and equipment therein, and to the location, use and occupancy thereof.
§ 59-5. Promulgation of rules and regulations.
The Town Board may, after public notice and publication at least five (5) days prior to the effective date thereof in a newspaper of general circulation within the town, adopt such further procedural/administrative rules and regulations as the Board deems reasonable to carry out the provisions of this chapter. The Enforcement Officer may make recommendations to the Town Board to adopt, amend or appeal such rules and regulations as they may relate to efficient administration and enforcement of the provisions of the New York State Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with the New York State Uniform Fire Prevention and Building Code, this chapter or any other provision of law.
§ 59-6. Acting Code Enforcement Official.
In the absence of the Code Enforcement Official or in the case of his inability to act for any reason, the Town Board shall have the power to designate a person to act on behalf of the Code Enforcement Official and to exercise all powers conferred upon him by this chapter.
§ 59-7. Deputy Code Enforcement Officials.
The Town Board may appoint one (1) or more Deputy Code Enforcement Officials, as the need may appear, to act under the supervision and direction of the Code Enforcement Official and to exercise any portion of the powers and duties of the Code Enforcement Official as he may direct. The compensation of such Deputy Code Enforcement Officials shall be fixed by the Town Board.
§ 59-8. Building permit required.
No building or structure shall be erected, constructed, enlarged, altered structurally, altered, moved or excavation made therefor or work begun thereon, removed or demolished or any portion thereof removed or demolished, nor have installed thereon a solid fuel-burning heating apparatus, chimney or flue in any such structure, until a building permit has been issued therefor by the Code Enforcement Official and until there has been compliance with all provisions with the New York State Uniform Fire Prevention and Building Code and with the provisions of Article XII, § 125-125, of the Code of the Town of Bedford.
§ 59-8.1. Key boxes. [Added 4-6-2004 by L.L. No. 6-2004]
| A. |
Building access. All commercial buildings shall provide a key box of a type approved by the Code Enforcement Official. The location and contents of the key box must be approved by the respective Fire District or its designee. |
| B. |
Key boxes will be optional for one-family, two-family and multifamily residential buildings, with the exception as set forth in Chapter 29, § 29-9D. |
| C. |
Effective date. This section be will effective immediately in regard to all buildings other than one-family, two-family and multifamily residential buildings wherein a building permit is issued after the effective date of this chapter. As to existing buildings, the section shall be effective as of July 1, 2005. |
§ 59-9. Certificates of compliance and certificates of occupancy.
| A. |
A certificate of occupancy and a certificate of compliance is required for any of the following:
| (1) |
Occupancy and use of a building or any part thereof hereinafter erected, altered, moved or extended. |
| (2) |
Change of use of an existing building or structure. |
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| B. |
A certificate of occupancy and certificate of compliance shall be issued only if the proposed use of the building, structure or land conforms to the provisions of the New York State Uniform Fire Prevention and Building Code and all provisions of Article XII of the Code of the Town of Bedford, §§ 125-126 and 125-127 thereof. |
§ 59-10. Inspections for building permits.
| A. |
Work for which a building permit has been issued under this chapter 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, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the owner, applicant or his agent to inform the Code Enforcement Official or Deputy Code Enforcement Officials that the work is ready for inspection and to schedule such inspection. |
| B. |
Existing buildings.
| (1) |
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the New York State Uniform Fire Prevention and Building Code in accordance with the following schedule:
| (a) |
All areas of public assembly defined in the New York State Uniform Fire Prevention and Building Code, all buildings or structures containing areas of public assembly and the common areas of multiple dwellings: every six (6) months. |
| (b) |
All buildings or structures open to the general public: every twelve (12) months. |
| (c) |
All other buildings: every twenty-four (24) months. |
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| (2) |
Notwithstanding any requirement of this subsection to the contrary, no regular periodic inspections of occupied dwelling units shall be required; provided, 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. |
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| C. |
The inspections required by this section must be performed by the Code Enforcement Official or Deputy Code Enforcement Officials appointed by the Town Board to assist him. The Code Enforcement Official or Deputy Code Enforcement Officials are authorized to order, in writing, the correction of any condition in violation of the New York State Uniform Fire Prevention and Building Code found in, on or about any building. Such orders shall be served in person upon a responsible party or his authorized agent or by registered 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 with the specified time shall be subject to a penalty as set forth in § 59-14. |
§ 59-11. Fire prevention and safety inspections.
| A. |
All dwelling units in a building consisting of two (2) or more such units shall be inspected for the purpose of determining compliance with safety requirements of the New York State Uniform Fire Prevention and Building Code at lease once in every thirty-six (36) months. Inspection of the common areas of such building, such as halls, foyers, staircases, etc., shall be so inspected at least once in every twenty-four (24) months. |
| B. |
Firesafety inspections of buildings or structures with areas of public assembly as defined in Part 606 of Title 9 of the Official Compilation of Codes, Rules and Regulations shall be performed at least once in every twelve (12) months. |
| C. |
All other buildings, uses and occupancies (except one-family dwellings) shall be inspected at least once in every twenty-four (24) months. |
| D. |
An inspection of a building or dwelling unit shall be performed at any other time upon:
| (1) |
The request of the owner or authorized agent; |
| (2) |
Receipt of a written statement specifying the grounds upon which the subscriber believes a violation of the New York State Uniform Fire Prevention and Building Code exists; or |
| (3) |
Other reasonable and reliable information that such violation exists. |
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| E. |
Such inspection shall be performed by the Code Enforcement Official or Deputy Code Enforcement Officials. |
§ 59-12. Records and reports.
| A. |
The Code Enforcement Official or Deputy Code Enforcement Officials shall keep permanent official records of all transactions and activities conducted by him/them, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by the municipality and notices and orders issued. All such reports shall be public information open to public inspection during normal business hours. |
| B. |
The Code Enforcement Official or Deputy Code Enforcement Officials shall annually submit to the Town Board a written report of all business conducted. |
§ 59-13. Stop-work orders.
Whenever the Code Enforcement Official or Deputy Code Enforcement Officials have reasonable grounds to believe that work on any building or structure is being performed in violation of the provisions of the New York State Uniform Fire Prevention and Building Code or applicable laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, to suspend all work. Such persons shall immediately stop such work and suspend all building activities until the stop orders have been rescinded. All stop orders and notices shall be in writing and shall state the conditions under which work may be resumed. A stop order shall be served upon a person to whom it is directed either by delivering it personally 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 the person, firm, or corporations by certified mail.
§ 59-14. Penalties for offenses; other remedies.
| A. |
Upon determination by the Building and Fire and Safety Inspector that a violation of the New York State Uniform Fire Prevention and Building Code or this chapter exists in, on or about any building or premises, the Building and Firesafety Inspector shall order, in writing, the remedying of the condition. Such order shall state the specific provision of the New York State Uniform Fire Prevention and Building Code which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by sending by registered mail. |
| B. |
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of the New York State Uniform Fire Prevention and Building Code, or any amendment hereafter made thereto, as well as any regulation or rule promulgated by the Town Board, or to fail to comply with a notice, order or directive of the Code Enforcement Official or Deputy Code Enforcement Officials, or to construct, alter, repair, move or equip any building or structure or part thereof in a manner not permitted by an approved building permit. |
| C. |
Any person who shall willfully fail to comply with a written order of the Building Inspector and/or Fire Marshal within the time fixed for compliance herewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building, who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Inspector and/or Fire Marshal made thereunder or in addition to any other penalties provided for in this chapter, or any person who shall violate any of the provisions of this chapter, the New York State Uniform Fire Prevention and Building Code or any rules or regulations adopted pursuant to this chapter or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, shall, severally for each and every such violation, be guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.) nor more than two hundred fifty dollars ($250.) or by imprisonment for not more than thirty (30) days, or both such fine and imprisonment. The imposition of one (1) penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violation or defects within a reasonable time, and when not otherwise specified, each day that the prohibited condition(s) or violation continues shall constitute a separate offense. The imposition of any such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. |
| D. |
An action or proceeding in the name of the Town of Bedford, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the New York State Uniform Fire Prevention and Building Code, this chapter, rule or regulation adopted pursuant to this chapter 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. |
§ 59-15. Variances.
Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of this chapter or any rule or regulation hereunder which provision is not also required by the New York State Uniform Fire Prevention and Building Code, application for variances consistent with the spirit of such law, rule or regulation may be made to the Town Zoning Board of Appeals.
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