Chapter 75

 

 

UNIFORM FIRE PREVENTION AND

BUILDING CODE ADMINISTRATION AND ENFORCEMENT

 

§  75-1.      Title.

§  75-2.      Purpose.

§  75-3.      Administration and enforcement.

§  75-4.      Provisions to be minimum requirements.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Lansing 3-21-1984 as L.L. No. 2-1984. Amendments noted where applicable.]

 

§ 75-1. Title.

 

  This chapter shall be known as the "Village of Lansing Uniform Fire Prevention and Building Code Administration and Enforcement Law."

 

§ 75-2. Purpose.

 

  The purpose of this chapter is to establish and provide for the administration and enforcement procedure in the Village of Lansing applicable to the New York State Uniform Fire Prevention and Building Code.

 

§ 75-3. Administration and enforcement.

 

A.     Building/land use permits.

(1)     No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure or any part thereof in the Village of Lansing or the use of any building, structure, property, site or a part thereof in the Village of Lansing, without having first obtained a building/land use permit therefor from the Village of Lansing.

(2)     Application for a building/land use permit shall be made in accordance with Article VI of Chapter 145, Zoning.

(3)     Installation of a solid-fuel-burning heating appliance, chimney and flue in any dwelling unit shall require a building/land use permit therefor from the Village of Lansing pursuant to and in accordance with this section. Notwithstanding the foregoing, in the event of an emergency, where a delay occasioned by the requirement of securing a building/land use permit for installation of a solid-fuel-burning heating appliance, chimney and flue could reasonably be expected to cause irreparable damage to the property or serious personal injury to the occupants or other person, the owner or his agent may commence such installation without first obtaining such building permit provided that application therefor is filed within three (3) business days after such work is commenced. [Added 2-20-1985 by L.L. No. 1-1985]

(4)     A permit issued pursuant hereto shall be prominently displayed on the property or premises to which it pertains. [Added 2-20-1985 by L.L. No. 1-1985]

(5)     All requests for a variance from the New York State Uniform Fire Prevention and Building Code and all appeals to review determinations of or failures to render a determination by the Code Enforcement Officer shall be processed with the appropriate New York State Board of Review in accordance with the rules and regulations provided therefor. [Added 2-20-1985 by L.L. No. 1-1985]

B.           Inspections.

(1)         To ensure that a building or structure complies with the applicable provisions of the New York State Uniform Fire Prevention and Building Code, all work for which a building/land use permit has been issued shall be inspected for approval prior to enclosing or covering any portion thereof upon completion of each stage of construction, including but not limited to excavation, foundation, superstructure, electrical, plumbing and heating and air conditioning. Every such building, property and all such work shall, in addition, be inspected upon final completion. Inspections pursuant to this paragraph shall be a condition precedent to the issuance of a certificate of compliance.^[1]

(2)         All building, structures and premises within the Village of Lansing to which the New York State Uniform Prevention and Building Code applies shall be periodically inspected for compliance with the provisions of such code as they apply to fire prevention and safety.[2]

(3)         The authorized inspectors of the Village of Lansing shall have the power to order in writing the remedying of any condition found to exist in, on or about any building, structure or premises in violation of the New York State Uniform Fire Prevention and Building Code and the time period within which such condition must be remedied. Such orders may be served upon the owner or his authorized agent personally or by registered mail sent to the address set forth in the application for any permit submitted to the Village of Lansing or the owner's or agent's last known address.^[3]

(4)         It shall be the responsibility of the owner, applicant or his agent to inform the appropriate inspectors that the work is ready for each required inspection under this chapter and to schedule such inspection.

(5)         The authorized inspectors of the Village of Lansing, or their authorized representatives, shall have the right to entry, at all reasonable hours, to any building, structure or site where work or activity is contemplated or being done under the provisions of this chapter, or to any building or site alleged to be unsafe to life or health, upon the exhibition of proper evidence of authority; and interference with such authorized entry in official capacity shall be punishable as a violation of this chapter.

(6)     All other provisions of this section notwithstanding, inspections of the buildings, structures and premises belonging to the State or federal governments, or any agency thereof, public or private institutions, including, without limitation, hospitals, nursing homes, buildings for senior citizens, hotels and motels or public or private educational institutions, including Cornell University (including any private research facilities located on property belonging to Cornell University), shall continue to be made in the same manner and shall be conducted by the same personnel as has been the case prior to the adoption of this chapter.

C.     Code Enforcement Officers.^[4]

(1)     The Village of Lansing shall appoint one (1) or more Code Enforcement Officers, as the need shall appear, to perform the administration and enforcement of the New York State Uniform Fire Prevention and Building Code as provided in this chapter, including assistance to the Village Zoning Officer in acting upon applications for permits and performance of all inspections required under this chapter.

(2)     The Village of Lansing, by its Zoning Officer and Code Enforcement Officers, shall have the right, as the need shall appear, to appoint for the purpose of individual inspections one (1) or more plumbing and/or electrical inspectors, including but not limited to inspectors of the New York Board of Fire Underwriters, to perform inspections of plumbing and electrical work within the jurisdiction of the New York State Uniform Fire Prevention and Building Code and this chapter. The cost of such inspections shall be solely borne by the applicant for a permit under this chapter or the property owner for whom such inspection is required.

D.     Fees.

(1)     Fees for a building/land use permit as provided in this chapter shall be in an amount and payable in accordance with Article VI of Chapter 145, Zoning.

(2)         In addition to the building/land use permit fee, the applicant shall be solely responsible for the cost of any inspections performed by any inspectors who are not in the employ of the Village of Lansing and who are appointed by the Village of Lansing pursuant to § 75-3C(2) of this chapter.

E.     Certificate of compliance.

         (1)    At the time a building/land use permit is issued an application shall be made for a certificate  of  compliance, in  compliance  with § 145-57G of Chapter 145, Zoning, of the Code of the Village of Lansing.^[5]

(2)     No land, structure or building may hereafter be used, or its use altered, or occupied and no building, structure or part thereof may be erected, converted, enlarged or structurally altered unless in conformance with the New York State Uniform Fire Prevention and Building Code.^[6]

(3)     No owner of any dwelling used as a residence shall operate, or cause to be operated, any solid-fuel-burning heating appliance until such installation, including chimney and flue, has been approved and a certificate indicating such approval obtained from the Code Enforcement Officer. The issuance of such certificate of compliance shall not be deemed to give rise to any claim or cause of action for damages against the Village of Lansing, the Code Enforcement Officer or any other official of the Village of Lansing for damages resulting from operation or use of such solid-fuel-burning heating appliance, chimney or flue. [Added 2-20-1985 by L.L. No. 1-1985]

F.            Penalties for offenses; other remedies.[7]

(1)     Any person, firm, corporation or other party violating any provision of this chapter is deemed guilty of an offense upon conviction and is subject to a fine not exceeding one thousand dollars ($1,000.) or imprisonment for one (1) year, or both. In addition, a violation of this chapter constitutes a violation under the Penal Law of the State of New York. Each day that a violation continues shall be deemed a separate offense.

(2)     In addition to other penalties, the Village of Lansing may institute any appropriate action or proceeding to prevent the unlawful erection, construction, alteration or use of any building, structure or premises in violation of the requirements of the New York State Uniform Fire Prevention and Building Code and this chapter.

 

§ 75-4. Provisions to be minimum requirements.

 

  The provisions of this chapter are intended to be the minimum requirements necessary to accomplish the purpose of this chapter and must be interpreted and applied accordingly. When requirements of this chapter conflict with the requirements of other lawfully developed rules, regulations or law, the most restrictive or that imposing higher standards takes precedence.