Town of Kinderhook, NY - Chapter 35- Building Construction

In the absence of the Building Official, or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act in behalf of the Building Official and to exercise all the powers conferred upon him by this chapter.

The Supervisor, with the approval of the Town Board, may appoint one (1) Building Inspector or more, as the need may appear, to act under the supervision and direction of the Building Official and to exercise any portion of the powers and duties of the Building Official as directed by him. The compensation of such Building Inspectors shall be fixed by the Town Board.

A Building Official, Building Inspector or an officer or employee of the Building Department shall not engage in any activity inconsistent with his duties or with the interests of the Building Department; nor shall he, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials, supplies or appliances for or the supervision of the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications thereof within the Town of Kinderhook, excepting that this provision shall not prohibit any employee from engaging in any such activities in connection with the construction of a building or structure owned by him for his own personal use and occupancy or for the use and occupancy of members of his immediate family and not constructed for sale.

A. Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Building Official shall administer and enforce all of the provisions of laws, ordinances, rules and regulations applicable to the 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 the location, use and occupancy thereof.

B. He shall promulgate rules and regulations, subject to the approval of the Town Board, to secure the intent and purposes of this chapter and a proper enforcement of the laws, ordinances, rules and regulations governing building plans, specifications, construction, alteration or repairs.

C. He shall receive applications, approve plans and specifications and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued, for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing building construction or alterations.

D. He shall issue in writing all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances, rules and regulations, and such notices or orders may be served upon the property owner or his agent personally or by sending by certified mail a copy of such order to the owner or his agent at the address set forth in the application for permission for the construction or alteration of such building, and by posting the same upon a conspicuous portion of the premises to which the notice applies. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from Building Inspectors or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus or agencies, provided the same are certified by a responsible official thereof.

E. Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules and regulations covering building construction or alteration, he may, in his discretion, accept and rely upon written reports of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies.

F. He shall issue a certificate of occupancy, where appropriate, for a building constructed or altered in accordance with the provisions of the State Building Construction Code, which such certificate shall certify that the building conforms to the requirements of the State Building Construction Code. Provided, however, that no Certificate of Occupancy shall be issued by the Building Official for any building, the use, location and/or construction of which is required to be approved by the Planning Board of the Town of Kinderhook pursuant to Section 81-47 of the Town Code unless the said building fully complies with the terms of said approval as evidenced by written certification from the Town Engineer or Chairperson of the Town Planning Board. (Amended 7/6/05 by L.L. 5-2005)

G. The Building Official shall inspect land upon which site plan approval for alteration, improvement or change of use has been granted by the Planning Board to determine that the terms of said approval have been complied with. After completion of this inspection he shall prepare an inspection report showing the results and report non-compliance to the Planning Board. [Amended 3-12-04 by L.L.4-2004]

A. The Building Official shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Town Board and notices and orders issued. All such records shall be public records, open to public inspection during normal business hours.

B. The Building Official shall annually submit to the Town Board a written report and summary of all business conducted by the Department of Buildings, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.

A. 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 law or ordinance as well as any regulation or rule promulgated by the Building Official in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Building Official, 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.

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

C. Except as provided otherwise by law, such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such an offense.

Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.

The construction, enlargement, alteration, improvement, partial removal or demolition of any “Building”, “Structure” “Telecommunications Antennae” or “Telecommunication Tower” or any portion thereof as those terms are defined in the Code of the Town of Kinderhook.

B. Any application for a building permit shall be made in duplicate, and shall be accompanied by two copies of all plans drawn to scale showing the dimensions and locations on the lot or in the building or structure of the proposed work and showing the location of such work in relation to any existing building. Such application shall contain sufficient information to permit a determination that the proposed work accords with the requirements of the Uniform Code and the New York State Emergency Construction Code and that the use and occupancy of the property, after the completion of the proposed work, will comply with the Code of the Town of Kinderhook.

C. The form of the permit and application therefor shall be prescribed by resolution of the Kinderhook Town Board. The application shall be signed by the owner (or his authorized agent) of the building or work and shall contain at least the following:

D. Such application shall be accompanied by such documents, drawings, plans, including plot plans, and specifications as the application shall deem adequate and appropriate for compliance with the local law or as the Building Official may require as being necessary or appropriate in his judgment. The applicant may confer with the Building Official in advance of submitting his application to discuss the Building Official's requirements for the same.

E. Any plans, including plot plans, or specifications which comprise a portion of the application, whether submitted subsequently upon requirement by the Building Official, shall be stamped with the seal of an architect or professional engineer or land surveyor licensed in this state, and shall in all respects comply with ~ 7209 of the Education Law of the State of New York as the same may be amended from time to time.

F. The applicant shall notify the Building Official 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; when the proposed work described in Section 35-9A is determined to conform to the requirements of the Uniform Code, the New York State Energy Construction code, and all Federal, State and Local Laws. No building permit will be issued unless the proposed work and proposed use and occupancy of the property upon which the work is to be performed, after completion of said work, will conform to the provisions of the Code of the Town of Kinderhook, unless required approvals by the Town of Kinderhook Planning Board and Zoning Board of Appeals have been given. [Amended 3-12-04 by L.L.4-2004]

H. A building permit issued pursuant to this section may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or New York State Energy Construction Code or with any condition attached to such permit or if there has been misrepresentation or falsification of a material fact in connection with the application for the permit.

I. A building permit issued pursuant to this section shall expire six (6) months 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 4 successive six-month periods, provided that: [Amended 2-12-05 by L.L. 1-2005]

A. No building erected subject to the Uniform Code and any other applicable ordinance shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued. No building 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 thirty (30) days after the completion of the alteration or work unless 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. It is the responsibility of the permit applicant, whether contractor or owner, to make application for a certificate of occupancy.

B. A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six (6) months from the date of issuance. Provided, however, that no Temporary Certificate of Occupancy shall be issued by the Building Official for any building, the use, location and/or construction of which is required to be approved by the Planning Board of the Town of Kinderhook pursuant to Section 81-47 of the Town Code unless said building fully complies with the terms of said approval as evidenced by written certification from the Town Engineer or Chairperson of the Town Planning Board. (Amended 7/6/05 by L.L. 6-2005)

A.~~~~~~~~~~~~~~~~ Definition. For the purposes of this section, truss type construction shall mean a fabricated structure of wood or steel, made up of a series of members connected at their ends form a series of triangles to span a distance greater than would be possible with any of the individual members on their own. Truss type construction shall not include:

D.~~~~~~~~~~~~~~~~ Signs shall be provided in newly constructed buildings that utilize truss type construction and in existing buildings where an addition that extends of increases the floor area of the building utilizes truss type constructions. Signs shall be affixed prior to the issuance of a certificate of occupancy.

E.~~~~~~~~~~~~~~~~~ Signs identifying The existence of truss construction shall consist of a circle 6 inches in diameter, with a stroke width of ½ inch. The sign background shall be reflective white in color. The circle and contents shall be a reflective red in color, conforming to Pantone matching system (PMS) 187. Where a signs is directly applied to a door or sidelight, it may be a permanent non-fading sticker or decal. Signs not directly applied to doors or sidelights shall be of sturdy, non-fading, weather resistant material.

F.~~~~~~~~~~~~~~~~~ Signs identifying the existence of truss construction shall contain the roman alphanumeric designation of the construction type of the building, in accordance with the provisions for the classification of types of construction set forth in section 602 of the Building Code of New York State and an alphanumeric designation for the structural components that are of truss construction, as follows:

Sign Location	Sign Placement
Exterior building entrance doors, exterior exit discharge doors, and exterior roof access doors to a stairway	Attached to the door, or attached to a sidelight or the face of the building, not more than 12 inches (305 mm) horizontally from the latch side of the door jamb, and not less than 42 inches (1067 mm) nor more than 60 inches (1524 mm) above the adjourning walking surface.
Multiple contiguous exterior building entrance or exit discharge doors	Attached at each end of the row of doors and at a maximum horizontal distance of 12 feet (3.65M) between signs, and not less than 42 inches (1067 mm) nor more than 60 inches (1524 mm) above the adjoining walking surface.
Fire department hose connections	Attached to the face of the building, not more than 12 inches (305 mm) horizontally from the center line of the fire department hose connection, and not less than 42 inches (1067 mm) nor more than 60 inches (1524 mm) above the adjoining walking surface

35-11 Building permit fees for truss type construction. A fee of fifty dollars shall be paid by the owner of a building with truss type construction prior to the issuance of a building permit. This fee shall be in addition to the regular building permit fee.

the Town of Kinderhook the party on whose property the well was drilled shall file with the Town of Kinderhook Building Department a completion report on forms specified by the Commissioner of Environmental Conservation. This completion report form shall contain that information required by the New York State Department of Environmental Conservation Law pursuant to § 15-1525 of the Environmental Conservation Law including the size and depth of the well, and the capacity of the pump or pumps attached or to be attached to it.