Chapter 28: Fire Prevention and Building Code Administration
§ 28-1. Purpose.
§ 28-2. Definitions.
§ 28-3. Administration.
§ 28-4. Duties of enforcement officials.
§ 28-5. Building permits.
§ 28-6. Application for building and plumbing permits.
§ 28-7. Exceptional development.
§ 28-8. Inspections.
§ 28-9. Stop-work orders.
§ 28-10. Revocation of permit.
§ 28-11. Right of entry.
§ 28-12. Certificate of occupancy.
§ 28-13. Certificate of compliance.
§ 28-14. Designation of fire limits.
§ 28-15. Smoke detectors.
§ 28-16. Property maintenance.
§ 28-17. Fees.

[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 7-25-88 L.L. No. 11-1988. Amendments noted where applicable.]

General References

Demolition of building-See Ch. 12
Unsafe and unfinished buildings - See Ch. 15
Flood damage prevention - See Ch. 31
Landscaping - See. Ch. 57
Signs - See Ch. 84

§ 28-1. Purpose.

§ 28-2. Definitions.

ADDITION - Extension or increase in area, height or equipment of a building.

ALTERATION - Any change, rearrangement or addition to a building, other than repairs, or any modification in construction or in building equipment.

BUILDING - A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof.

CONSTRUCTION - Includes all the on-site work done in building or altering structures, from land clearance through completion, including excavation, erection and the assembly and installation of components and equipment.

CONVERSION - A change in the use of a building to another use which has different requirements according to the Uniform Code.

EQUIPMENT - Includes plumbing, heating, electrical, ventilating, air conditioning, refrigerating, elevators, dumbwaiters escalators and other mechanical additions or installations.

FIRE LIMITS - Boundary line establishing an area in which there exists or is likely to exist a fire hazard requiring special fire protection.

REPAIR - Replacement or renewal (excluding additions) of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance, preservation or restoration of such building, structure, device or equipment.

UNIFORM CODE - New York State Uniform Fire Prevention and Building Code.

§ 28-3. Administration.

(1) The Building Inspector and/or the Building and Zoning Clerk are each hereby designated as a Code Enforcement Official and shall be possessed of all the powers and duties of said office whether acting individually or jointly.

(2) The Fire Inspector is hereby designated as the Fire Safety Official.

B. Each Official shall be appointed by the Board of Trustees at a compensation to be fixed by said Board. Where the Code Enforcement Official and/or Fire Safety Official is for any reason unable to act. the Mayor shall designate. with the approval of the Board of Trustees, a person to act for either or both of these Officials.

C. A schedule of fees for all permits and certificates shall be established by resolution of the Board of Trustees.

D. The Code Enforcement Official, Fire Safety Official, Superintendent of Public Works or Fire Chief shall each have the power to issue a summons to any person or persons in connection with a violation of the Uniform Code or any local law. If an incumbent Fire Chief does not possess the necessary qualifications to act as a Code Enforcement Official, another qualified individual recommended by the Fire Chief shall he designated by the resolution of the Village Board. [Amended &25-1990 by L.L. No. 11-1990; &24-1991 by L.L No. 5-1991]

§ 28-4. Duties of enforcement officials.

§ 28-5. Building permits.

B. It shall be unlawful to commence the construction or enlargement of any off-street parking facility without having first secured a permit.

C. The following shall not require a permit:

(1) Necessary repairs which do not materially affect the structural features of a building.

(2) Alterations to existing buildings, provided that the alterations:

(a) Cost less than ten thousand dollars ($10,000.);

(b) Do not materially affect structural features; and

(c) Do not affect fire safety features, including but not limited to smoke detectors, sprinklers, required fire separations and exits.

D. All electrical work shall be inspect by the New York Board of Fire Underwriters or Atlantic-Inland.

§ 28-6. Application for building and plumbing permits.

B. An application for a permit shall be accompanied by payment of a permit fee, which shall be nonrefundable.

C. A permit for development in flood hazard areas shall be required if the proposed construction or any other development is within the area of special flood hazard as identified by the Federal Emergency Management Agency (FEMA) as set out in Chapter 31 of the Village Code.

D. Any project the floor area of which exceeds one thousand five hundred (1,500) square feet and/or which costs twenty thousand dollars ($20,000.) or more shall require sealed drawings from a licensed architect or engineer.

E. A modification, if any, to the plans and specifications shall be filed with the Building Department and approval of the Code Enforcement Official shall be secured prior to the commencement of work under said modification.

F. A permit issued pursuant to this section for all work shall expire one (1) year from the date of issuance and, on written request, may be renewed for successive one-year periods.

§ 28-7. Exceptional development

B. Any proposed construction or use requiring an exceptional development permit is declared to such unique and special characteristics as to require consideration by the Board of Trustees on an individual basis.

C. Exceptional development procedure shall be required when the proposed construction or use involves:

(1) Any multiple dwelling consisting of four (4) or more dwelling units.

(2) Gross floor area in excess of ten thousand (10,000) square feet.

(3) Any building, the highest point of which exceeds a height of thirty (30) feet, measured from the finished grade of the street on which the building fronts.

(4) Any proposed residential subdivision providing ultimately for three (3) or more detached residential units.

D. Procedure. The Board of Trustees may grant an exceptional development permit only after the following procedure has been completed:

(1) A request in writing, accompanied by nay plans and specifications as required by the Building Department.

(2) The matter shall be referred to the following committees and each committee shall submit, in writing, its recommendations to the Building Department:

(a) Planning/Architectural Review Board.

(b) Traffic and Safety Committee.

(c) Environmental Advisory Council.

(d) Recreation Committee.

(3) The Board of Trustees shall thereafter set a date for a public hearing in the matter and the Village Clerk shall give public notice thereof by publication in the official paper of the village at least fifteen (15) days prior to the date of such hearing.

(4) All advisory recommendations shall be attached to the minutes of the public hearing.

(5) The Board of Trustees shall make findings of fact supported by substantial evidence in the record to disclose the basis of its decision.

E. The Board of Trustees shall grant an exceptional development permit only upon a finding of reasonable grounds to believe such action will promote the public health, safety and welfare of the residents of the village.

F. Except in those cases where the proposed construction or use is prohibited in the zoning district where the property is located, the Board of Trustees may waive any requirement of the Zoning Chapter when it grants an exceptional development permit, but only upon detailed findings of fact, to be set forth in the minutes of the meeting, and a declaration that said waiver will promote public health, safety and welfare of the residents of the village.

G. The Board of Trustees, in granting an exceptional development permit, may impose reasonable conditions on the proposed construction or use beyond those specified in the Village Code in order to protect and promote the public health, safety and welfare of the residents of the village.

H. Notwithstanding any provision to the contrary in the Village Code, a decision of the Board of shall be reviewable only in a ping under Article 78 of the Civil Practice Law and Rules.

§ 28-8. Inspections.

(1) Footing inspection: before concrete is poured or block set

(2) Framing inspection: before insulation, plumbing and electric are installed.

(3) Rough plumbing inspection.

(4) Electrical inspection (inspected by New York Board of Fire Underwriters or Atlantic-Inland, Inc.).

(5) Insulation inspection: floors, walls, ceilings, etc.

(6) Final inspection: after completion of all work, including gutters, downspouts, siding, plumbing, electrical, etc.

B. Existing commercial and manufacturing buildings shall be subject to periodic inspections by designated agents of the village in order to ensure compliance with the Uniform Code.

C. Inspections may be conducted at the invitation of an owner/occupant or where it is alleged that conditions on the premises threaten or present a hazard to the public health, safety or welfare.

D. All solid fuel burning appliances shall be inspected by designated agents of the village upon installation and prior to use to assure compliance with the Uniform Code and manufacturers' specifications.

E. Fire and safety inspections shall be conducted as follows:

(1) All multiple dwellings and all nonresidential occupancies shall be inspected for compliance with the Uniform Code.

(2) Places of public assembly, as defined by the Uniform Code.

(3) Any building damaged by fire.

§ 28-9. Stop-work orders.

A picture of 5583 Main St Village Hall pictured in 1949 was originally built with limestone mined from the Young's limestone quarry which occupied what is now The Country Club of Buffalo. click here to see a bigger picture.

A picture of Main St looking West taken in 1950. The Ronecker building on the right is now home to Marty's formal wear. Picture courtesy of Dan Crapsi. click here to see a bigger picture.