TOWN OF SANTA CLARA BOARD MEETINGS

Minutes of a Public Hearing and the Regular Monthly Meeting of the Santa Clara Town Board held on Thursday, June 14, 2018, Saranac Inn, NY Town Hall at 6:45 P.M.

Roll as follows for the Regular Monthly Meeting:

    Present:
  • Marcel Webb - Supervisor
  • Thomas Kimpton - Councilman
  • Richard Lyon - Councilman
  • John Murray - Councilman
  • David Perry – Councilman
  • Andrew McGill - Superintendent of Highways

    Recording Secretary:
  • Laurie McGill - Town Clerk

Public Hearing - was called to order by Supervisor Webb at 6:45 P.M. on the proposed Local Law No. 1 of the year 2018 entitled "A Local Law providing for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code".

All those wishing to make oral or written comments having been heard, the Public Hearing was adjourned at 6:59 P.M. on the motion of Tom Kimpton, seconded by Dave Perry. All members voting Aye. Motion carried.

Regular Meeting called to order at 7 P.M. by Supervisor Webb.

Motion by Tom Kimpton, seconded by Rick Lyon to dispense with the reading of the minutes of the previous meeting. All members voting Aye. Motion carried. Motion by Rick Lyon, seconded by Dave Perry to accept the minutes. All members voting Aye. Motion carried.

Resolution No 08 - Local Law No. 1 of the year 2018 entitled "A Local Law providing for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code". On a motion by Tom Kimpton, seconded by Dave Perry the Board approved and accepted the Local Law 01-2018 "A Local Law providing for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code".

ADOPTED Ayes 5 Webb, Lyon, Kimpton, Perry Murray
Nays 0

SECTION I. PURPOSE AND INTENT This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and 
Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise 
provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and 
premises, regardless of use or occupancy, are subject to the provisions this local law.

SECTION 2. DEFINITIONS In this local law: "Building Permit" shall mean a permit issued pursuant to section 4 of this local law. The term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any 
provision of this local law. "Certificate of Occupancy" shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law. "Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of 
section 3 of this local law.

"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors.

"Energy Code" shall mean the State Energy Conservation Construction Code, as currently in 
effect and as hereafter amended from time to time.

"Inspector" shall mean an inspector appointed pursuant to subdivision (d) of section 3 of this 
local law.

"Operating Permit" shall mean a permit issued pursuant to section 10 of this local law. The term 
"Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this local law.

"Order to Remedy" shall mean an order issued by the Code Enforcement Officer pursuant to 
subdivision (a) of section 14 of this local law.

"Permit Holder" shall mean the Person to whom a Building Permit has been issued.

"Person" shall include an individual, corporation, limited liability company, partnership, limited 
partnership, business trust, estate, trust, association, or any other legal or commercial entity of 
any kind or description.

"Stop Work Order" shall mean an order issued pursuant to section 6 of this local law.

"Temporary Certificate" shall mean a certificate issued pursuant to subdivision (d) of section 7 of 
this local law.

"Town" shall mean the Town of Santa Clara, Franklin County, New York.

"Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code, as 
currently in effect and as hereafter amended from time to time.

SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTORS

(a) The office of Code Enforcement Officer has heretofore been created. The Code 
Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the 
Energy Code and this local law. The Code Enforcement Officer shall have the following powers 
and duties:

(1) to receive, review, and approve or disapprove applications for Building Permits, 
Certificates of Occupancy, Temporary Certificates and OperatingPennits, and the plans, 
specifications and construction documents submitted with such applications;

(2) upon approval of such applications, to issue Building Permits, Certificates of 
Occupancy, Temporary Certificates and Operating Permits, and to include in Building Permits, 
Certificates of Occupancy, Temporary Certificates and Operating Permits such terms and 
conditions as the Code Enforcement Officer may determine to be appropriate;

(3) to conduct construction inspections, inspections to be made prior to the issuance of 
Certificates of Occupancy, Temporary Certificates and Operating Permits, fire safety and 
property maintenance inspections, inspections incidental to the investigation of complaints, and 
all other inspections required or permitted under any provision of this local law;

(4) to issue Stop WorkOrders;

(5) to review and investigate complaints;

(6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law;

(7) to maintain records;

(8) to collect fees as set by the Town Board of this Town;

(9) to pursue administrative enforcement actions and proceedings;

(10) in consultation with this Town's attorney, to pursue such legal actions and 
proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local 
law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code 
or this local law; and

(11) to exercise all other powers and fulfill all other duties conferred upon the Code 
Enforcement Officer by this local law.

(b) The Code Enforcement Officer shall be appointed by the Town Board. The Code 
Enforcement Officer shall possess background experience related to building construction or fire 
prevention and shall, within the time prescribed by law, obtain such basic training, in-service 
training, advanced in-service training and other training as the State of New York shall require 
for code enforcement personnel, and the Code Enforcement Officer shall obtain certification 
from the State Fire Administrator pursuant to the Executive Law and the regulations 
promulgated thereunder.

(c) In the event that the Code Enforcement Officer is unable to serve as such for any 
reason, an individual shall be appointed by the Town Board to serve as Acting Code 
Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her 
appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement 
Officer by this local law.

(d) One or more Inspectors may be appointed the Town Board to act under the 
supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement 
Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code 
Enforcement Officer by this local law. Each Inspector shall, within the time prescribed by law, 
obtain such basic training, in-service training, advanced in-service training and other training as 
the State of New York shall require for code enforcement personnel, and each Inspector shall 
obtain certification from the State Fire Administrator pursuant to the Executive Law and the 
regulations promulgated thereunder. (e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed 
from time to time by the Town Board of this Town.

SECTION 4. BUILDING PERMITS.

(a) Building Permits Required. Except as otherwise provided in subdivision (b) of this 
section, a Building Permit shall be required for any work which must conform to the Uniform 
Code and/or the Energy Code, including, but not limited to, the construction, enlargement, 
alteration, improvement, removal, relocation or demolition of any building or structure or any 
portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in 
any dwelling unit. No Person shall commence any work for which a Building Permit is required 
without first having obtained a Building Permit from the Code Enforcement Officer.

(b) Exemptions. No Building Permit shall be required for work in any of the following 
categories:

(1) construction or installation of one story detached structures associated with one- or 
two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool 
and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 
144 square feet (13.88 square meters);

(2) installation of swings and other playground equipment associated with a one- or 
two-family dwelling or multiple single-family dwellings (townhouses);

(3) installation of swimming pools associated with a one- or two-family dwelling or 
multiple single-family dwellings (townhouses) where such pools are designed for a water depth 
of less than 24 inches and are installed entirely above ground;

(4) installation of fences which are not part of an enclosure surrounding a swimming pool;

(5) construction of retaining walls unless such walls support a surcharge or impound 
Class I, II or IlIA liquids;

(6) construction of temporary motion picture, television and theater stage sets and 
scenery;

(7) installation of window awnings supported by an exterior wall of a one- or two- 
family dwelling or multiple single-family dwellings (townhouses);

(8) installation of partitions or movable cases less than 5'-9" in height;

(9) painting, wallpapering, tiling, carpeting, or other similar finish work;

(10) installation of listed portable electrical, plumbing, heating, ventilation or cooling 
equipment or appliances;

(11) replacement of any equipment provided the replacement does not alter the 
equipment's listing or render it inconsistent with the equipment's original specifications; or

(12) repairs, provided that such repairs do not involve (i) the removal or cutting away 
of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing 
component; (ii) the removal or change of any required means of egress, or the rearrangement 
of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, 
replacement or relocation of any building system; or (iv) the removal from service of all or part 
of a fire protection system for any period of time.

(c) Exemption not deemed authorization to perform non-compliant work. The 
exemption from the requirement to obtain a building permit for work in any category set forth 
in subdivision (b) of this section shall not be deemed an authorization for work to be 
performed in violation of the Uniform Code or the Energy Code.

(d) Applications for Building Permits. Applications for a Building Permit shall be made 
in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. 
The application shall be signed by the owner of the property where the work is to be performed 
or an authorized agent of the owner. The application shall include such information as the 
Code Enforcement Officer deems sufficient to permit a determination by the Code 
Enforcement Officer that the intended work complies with all applicable requirements of the 
Uniform Code and the Energy Code. The application shall include or be accompanied by the 
following information and documentation:

(1) a description of the proposed work;

(2) the tax map number and the street address of the premises where the work is to be 
performed;

(3) the occupancy classification of any affected building or structure;

(4) where applicable, a statement of special inspections prepared in accordance with the 
provisions of the Uniform Code; and

(5) at least 2 sets of construction documents (drawings and/or specifications) which (i) 
define the scope of the proposed work; (ii) are prepared by a New York State registered architect 
or licensed professional engineer where so required by the Education Law; (iii) indicate with 
sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the 
proposed work will comply with the Uniform Code and the Energy Code; and (v) where 
applicable, include a site plan that shows any existing and proposed buildings and structures on 
the site, the location of any existing or proposed well or septic system, the location of the 
intended work, and the distances between the buildings and structures and the lot lines.

(e) Construction documents. Construction documents will not be accepted as part of an 
application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) 
of subdivision (d) of this section. Construction documents which are accepted as part of the 
application for a Building Permit shall be marked as accepted by the Code Enforcement Officer 
in writing or by stamp. One set of the accepted construction documents shall be retained by the

Code Enforcement Officer, and one set of the accepted construction documents shall be returned 
to the applicant to be kept at the work site so as to be available for use by the Code Enforcement 
Personnel. However, the return of a set of accepted construction documents to the applicant shall 
not be construed as authorization to commence work, nor as an indication that a Building Permit 
will be issued. Work shall not be commenced until and unless a Building Permit is issued.

(f) Issuance of Building Permits. An application for a Building Permit shall be examined 
to ascertain whether the proposed work is in compliance with the applicable requirements of the 
Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if 
the proposed work is in compliance with the applicable requirements of the Uniform Code and 
Energy Code.

(g) Building Permits to be displayed. Building permits shall be visibly displayed at the 
work site and shall remain visible until the authorized work has been completed.

(h) Work to be in accordance with construction documents. All work shall be performed 
in accordance with the construction documents which were submitted with and accepted as part 
of the application for the Building Permit. The Building Permit shall contain such a directive. 
The Permit Holder shall immediately notify the Code Enforcement Officer of any change 
occurring during the course of the work. The Building Permit shall contain such a directive. If 
the Code Enforcement Officer determines that such change warrants a new or amended Building 
Permit, such change shall not be made until and unless a new or amended Building Permit 
reflecting such change is issued.

(i) Time limits. Building Permits shall become invalid unless the authorized work is 
commenced within 12 months following the date of issuance. Building Permits shall expire 15 
months after the date of issuance. A Building Permit which has become invalid or which has 
expired pursuant to this subdivision may be renewed upon application by the Permit Holder, 
payment of the applicable fee, and approval of the application by the Code Enforcement Officer.

G) Revocation or suspension of Building, Permits. If the Code Enforcement Officer 
determines that a Building Permit was issued in error because of incorrect, inaccurate or 
incomplete information, or that the work for which a Building Permit was issued violates the 
Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building 
Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) 
all work then completed is in compliance with all applicable provisions of the Uniform Code and 
the Energy Code and (2) all work then proposed to be performed shall be in compliance with all 
applicable provisions of the Uniform Code and the Energy Code.

(k) Fee. The fee specified in or determined in accordance with the provisions set forth in 
section 15 (Fees) of this local law must be paid at the time of submission of an application for a 
Building Permit, for an amended Building Permit, or for renewal of a Building Permit.

SECTION 5. CONSTRUCTION INSPECTIONS.

(a) Work to remain accessible and exposed. Work shall remain accessible and exposed 
until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by

the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer 
when any element of work described in subdivision (b) of this section is ready for inspection.

(b) Elements of work to be inspected. The following elements of the construction process 
shall be inspected made, where applicable:

(1) work site prior to the issuance of a Building Permit;

(2) footing and foundation;

(3) preparation for concrete slab;

(4) framing;

(5) building systems, including underground and rough-in;

(6) fire resistant construction;

(7) fire resistant penetrations;

(8) solid fuel burning heating appliances, chimneys, flues or gas vents;

(9) Energy Code compliance; and

(l0) a final inspection after all work authorized by the Building Permit has been 
completed.

(c) Inspection results. After inspection, the work or a portion thereof shall be noted as 
satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to 
comply with the Uniform Code or Energy Code. Work not in compliance with any applicable 
provision of the Uniform Code or Energy Code shall remain exposed until such work shall have 
been brought into compliance with all applicable provisions of the Uniform Code and the Energy 
Code, reinspected, and found satisfactory as completed.

(d) Fee. The fee specified in or determined in accordance with the provisions set forth in 
section 15 (Fees) of this loca11aw must be paid prior to or at the time of each inspection 
performed pursuant to this section.

SECTION 6. STOP WORK ORDERS.

(a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work 
Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to 
halt:

(1) any work that is determined by the Code Enforcement Officer to be contrary to any 
applicable provision of the Uniform Code or Energy Code, without regard to whether such work 
is or is not work for which a Building Permit is required, and without regard to whether a 
Building Permit has or has not been issued for such work, or

(2) any work that is being conducted in a dangerous or unsafe manner in the opinion of 
the Code Enforcement Officer, without regard to whether such work is or is not work for which a 
Building Permit is required, and without regard to whether a Building Permit has or has not been 
issued for such work, or

(3) any work for which a Building Permit is required which is being performed without 
the required Building Permit, or under a Building Permit that has become invalid, has expired, or 
has been suspended or revoked.

(b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated 
and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) 
if applicable, state the conditions which must be satisfied before work will be permitted to 
resume.

( c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop 
Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the 
owner is not the Permit Holder, on the Permit Holder) personally or by certified mail. The Code 
Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a 
copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, 
construction superintendent, or their agents, or any other Person taking part or assisting in work 
affected by the Stop Work Order, personally or by certified mail; provided, however, that failure 
to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work 
Order.

(d) Effect of Stop Work Order. Upon the issuance ofa Stop Work Order, the owner of the 
affected property, the Permit Holder and any other Person performing, taking part in or assisting 
in the work shall immediately cease all work which is the subject of the Stop Work Order.

(e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive 
remedy available to address any event described in subdivision (a) of this section, and the 
authority to issue a Stop Work Order shall be in addition to, and not in substitution for or 
limitation of, the right and authority to pursue any other remedy or impose any other penalty 
under section 15 (Violations) of this local law or under any other applicable local law or State 
law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time 
of, or after the issuance of a Stop Work Order.

SECTION 7. Certificate of Occupancy

( a) Certificate of Occupancy required. A Certificate of Occupancy shall be required for 
any work which is the subject of a Building Permit and for all structures, buildings, or portions 
thereof, which are converted from one use or occupancy classification or subclassification to 
another. Permission to use or occupy a building or structure, or portion thereof, for which a 
Building Permit was previously issued shall be granted only by issuance of a Certificate of 
Occupancy.

(b) Issuance of Certificate of Occupancy. The Code Enforcement Officer shall issue a 
Certificate of Occupancy if the work which was the subject of the Building Permit was

completed in accordance with all applicable provisions of the Uniform Code and Energy Code 
and, if applicable, that the structure, building or portion thereof that was converted from one use 
or occupancy classification or sub classification to another complies with all applicable 
provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an 
Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or 
work prior to the issuance of a Certificate of Occupancy. In addition, where applicable, the 
following documents, prepared in accordance with the provisions of the Uniform Code by such 
person or persons as may be designated by or otherwise acceptable to the Code Enforcement 
Officer, at the expense of the applicant for the Certificate of Occupancy, shall be provided to the 
Code Enforcement Officer prior to the issuance of the Certificate of Occupancy:

(1) a written statement of structural observations andlor a final report of special 
inspections, and

(2) flood hazard certifications.

(c) Contents of Certificate of Occupancy. A Certificate of Occupancy shall contain the 
following information:

(l) the Building Permit number, if any;

(2) the date of issuance of the Building Permit, if any;

(3) the name, address and tax map number of the property;

(4) if the Certificate of Occupancy is not applicable to an entire structure, a description of 
that portion of the structure for which the Certificate of Occupancy is issued;

(5) the use and occupancy classification of the structure;

(6) the type of construction of the structure;

(7) the assembly occupant load of the structure, if any;

(8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler 
system is required;

(9) any special conditions imposed in connection with the issuance of the Building 
Permit; and

(10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy 
and the date of issuance.

(d) Temporary Certificate. The Code Enforcement Officer shall be permitted to issue a 
Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion 
thereof, prior to completion of the work which is the subject of a Building Permit. However, in 
no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code 
Enforcement Officer determines (1) that the building or structure, or the portion thereof covered

by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke-detecting or 
fire protection equipment which has been installed is operational, and (3) that all required means 
of egress from the building or structure have been provided. The Code Enforcement Officer may 
include in a Temporary Certificate such terms and conditions as he or she deems necessary or 
appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A 
Temporary Certificate shall be effective for a period of time, not to exceed [ 6 ] months, which 
shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. 
During the specified period of effectiveness of the Temporary Certificate, the Permit Holder 
shall undertake to bring the building or structure into full compliance with all applicable 
provisions of the Uniform Code and the Energy Code.

(e) Revocation or suspension of certificates. If the Code Enforcement Officer determines 
that a Certificate of Occupancy or a Temporary Certificate was issued in error because of 
incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected 
to the satisfaction of the Code Enforcement Officer within such period of time as shall be 
specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or 
suspend such certificate.

(f) Fee. The fee specified in or determined in accordance with the provisions set forth in 
section 15 (Fees) of this local law must be paid at the time of submission of an application for a 
Certificate of Occupancy or for Temporary Certificate.

SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.

The chief of any fire department providing fire fighting services for a property within this 
Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any 
structural damage, fuel burning appliance, chimney or gas vent.

SECTION 9. OPERATING PERMITS.

(a) Operation Permits required. Operating Permits shall be required for conducting the 
activities or using the categories of buildings listed below:

(1) manufacturing, storing or handling hazardous materials in quantities exceeding those 
listed in the applicable tables of the publication entitled "Fire Code of New York State";

(2) hazardous processes and activities, including but not limited to, commercial and 
industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and 
waste handling;

(3) use of pyrotechnic devices in assembly occupancies;

(4) buildings containing one or more areas of public assembly with an occupant load of 
100 persons or more; and

(5) buildings whose use or occupancy classification may pose a substantial potential 
hazard to public safety, as determined by resolution adopted by the Town Board of this Town.

Any person who proposes to undertake any activity or to operate any type of building listed in 
this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such 
activity or operation.

(b) Applications for Operating Permits. An application for an Operating Permit shall be 
in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such 
application shall include such information as the Code Enforcement Officer deems sufficient to 
permit a determination by the Code Enforcement Officer that quantities, materials, and activities 
conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines 
that tests or reports are necessary to verify conformance, such tests or reports shall be performed 
or provided by such person or persons as may be designated by or otherwise acceptable to the 
Code Enforcement Officer, at the expense of the applicant.

(c) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code 
Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating 
Permit.

(d) Multiple Activities. In any circumstance in which more than one activity listed in 
subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer 
may require a separate Operating Permit for each such activity, or the Code Enforcement Officer 
may, in his or her discretion, issue a single Operating Permit to apply to all such activities.

(e) Duration of Operating Permits. Operating permits shall be issued for such period of 
time, not to exceed one year in the case of any Operating Permit issued for an area of public 
assembly and not to exceed three years in any other case, as shall be determined by the Code 
Enforcement Officer to be consistent with local conditions. The effective period of each 
Operating Permit shall be specified in the Operating Permit. An Operating Permit may be 
reissued or renewed upon application to the Code Enforcement Officer, payment ofthe 
applicable fee, and approval of such application by the Code Enforcement Officer.

(f) Revocation or suspension of Operating Permits. If the Code Enforcement Officer 
determines that any activity or building for which an Operating Permit was issued does not 
comply with any applicable provision of the Uniform Code, such Operating Permit shall be 
revoked or suspended.

(g) Fee. The fee specified in or determined in accordance with the provisions set forth in 
section 15 (Fees) of this local law must be paid at the time of submission of an application for an 
Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating 
Permit.

SECTION 10. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS

(a) Inspections required. Fire safety and property maintenance inspections of buildings 
and structures shall be performed by the Code Enforcement Officer or an Inspector designated by 
the Code Enforcement Officer at the following intervals:

(1) Fire safety and property maintenance inspections of buildings or structures which 
contain an area of public assembly shall be performed at least once every twelve (12) months.

(2) Fire safety and property maintenance inspections of buildings or structures being 
occupied as dormitories shall be performed at least once every twelve (12) months.

(3) Fire safety and property maintenance inspections of all multiple dwellings not 
included in paragraphs (1) or (2) of this subdivision, and all nonresidential buildings, structures, 
uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed 
at least once every thirty-six (36) months.

(b) Inspections permitted. In addition to the inspections required by subdivision (a) of this 
section, a fire safety and property maintenance inspection of any building, structure, use, or 
occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or 
an Inspector designated by the Code Enforcement Officer at any time upon:

(1) the request of the owner of the property to be inspected or an authorized agent of such

owner;

(2) receipt by the Code Enforcement Officer of a written statement alleging that 
conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

(3) receipt by the Code Enforcement Officer of any other information, reasonably 
believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to 
believe that conditions or activities failing to comply with the Uniform Code or Energy Code 
exist; provided, however, that nothing in this subdivision shall be construed as permitting an 
inspection under any circumstances under which a court order or warrant permitting such 
inspection is required, unless such court order or warrant shall have been obtained.

(c) OFPC Inspections. Nothing in this section or in any other provision of this local law 
shall supersede, limit or impair the powers, duties and responsibilities of the New York State 
Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator 
under Executive Law section 156-e and Education Law section 807 -b.

(d) Fee. The fee specified in or determined in accordance with the provisions set forth 
in section 15 (Fees) of this local law must be paid prior to or at the time of each inspection 
performed pursuant to this section. This subdivision shall not apply to inspections performed 
by the OFPC.

SECTION 11. COMPLAINTS

The Code Enforcement Officer shall review and investigate complaints which allege or 
assert the existence of conditions or activities that fail to comply with the Uniform Code, the 
Energy Code, this local law, or any other local law, ordinance or regulation adopted for 
administration and enforcement of the Uniform Code or the Energy Code. The process for 
responding to a complaint shall include such of the following steps as the Code Enforcement 
Officer may deem to be appropriate:

(a) performing an inspection of the conditions and/or activities alleged to be in 
violation, and documenting the results of such inspection;

(b) if a violation is found to exist, providing the owner of the affected property and any 
other Person who may be responsible for the violation with notice of the violation and 
opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner 
described in section 15 (Violations) of this local law;

(c) if appropriate, issuing a Stop Work Order;

(d) if a violation which was found to exist is abated or corrected, performing an 
inspection to ensure that the violation has been abated or corrected, preparing a final written 
report reflecting such abatement or correction, and filing such report with the complaint.

SECTION 12. RECORD KEEPING.

(a) The Code Enforcement Officer shall keep permanent official records of all 
transactions and activities conducted by all Code Enforcement Personnel, including records of:

(1) all applications received, reviewed and approved or denied;

(2) all plans, specifications and construction documents approved;

(3) all Building Permits, Certificates of Occupancy, Temporary Certificates, Stop Work 
Orders, and Operating Permits issued;

(4) all inspections and tests performed;

(5) all statements and reports issued;

(6) all complaints received;

(7) all investigations conducted;

(8) all other features and activities specified in or contemplated by sections 4 through 12, 
inclusive, of this local law; and

(9) all fees charged and collected.

(b) All such records shall be public records open for public inspection during normal 
business hours. All plans and records pertaining to buildings or structures, or appurtenances 
thereto, shall be retained for at least the minimum time period as required by State law and 
regulation.

SECTION 14. PROGRAM REVIEW AND REPORTING

(a) The Code Enforcement Officer shall annually submit to Town Board of this Town a 
written report and summary of all business conducted by the Code Enforcement Officer and the 
Inspectors, including a report and summary of all transactions and activities described in section

13 (Record Keeping) of this local law and a report and summary of all appeals or litigation 
pending or concluded.

(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on 
behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of 
this Town relative to administration and enforcement of the Uniform Code.

(c) The Code Enforcement Officer shall, upon request of the New York State Department 
of State, provide to the New York State Department of State, from the records and related 
materials this Town is required to maintain, excerpts, summaries, tabulations, statistics and other 
information and accounts of the activities of this Town in connection with administration and 
enforcement of the Uniform Code.

SECTION 14: VIOLATIONS

(a) Orders to Remedy, The Code Enforcement Officer is authorized to order in writing the 
remedying of any condition or activity found to exist in, on or about any building, structure, or 
premises in violation of the Uniform Code, the Energy Code, or this local law. An Order to

. Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall 
specify the condition or activity that violates the Uniform Code, the Energy Code, or this local 
law; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this 
local law which is/are violated by the specified condition or activity; and

shall include a statement substantially similar to the following:

"The person or entity served with this Order to Remedy must completely remedy each violation 
described in this Order to Remedy by [specify date], which is thirty (30) days after the date of 
tills Order to Remedy."

The Order to Remedy may include provisions ordering the person or entity served with such 
Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy 
immediately, or within some other specified period of tame which may be less than thirty (30) 
days; to continue diligently to remedy such violations until each such violation is fully remedied; 
and, in any event, to complete the remedying of all such violations within thirty (30) days of the 
date of such Order to Remedy; and/or (2) to take such other protective actions (such as vacating 
the building or barricading the area where the violations exist) which are authorized by this local 
law or by any other applicable statute, regulation, rule, local law or ordinance, and which the 
Code Enforcement Officer may deem appropriate, during the period while such violations are 
being remedied. The Code Enforcement Officer shall cause the Order to Remedy, or a copy 
thereof, to be served on the owner of the affected property personally or by registered mail or 
certified mail within five (5) days after the date of the Order to Remedy. The Code Enforcement 
Officer shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to 
be served on any builder, architect, tenant, contractor, subcontractor, construction 
superintendent, or their agents, or any other Person taking part or assisting in work being 
performed at the affected property personally or by registered mail or certified mail within five 
(5) days after the date of the Order to Remedy; provided, however, that failure to serve any 
Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.

(b) Appearance Tickets. The Code Enforcement Officer and each Inspector are 
authorized to issue appearance tickets for any violation of the Uniform Code.

(c) Civil Penalties. In addition to those penalties prescribed by State law, any Person who 
violates any provision of the Uniform Code, the Energy Code or this local law, or any term or 
condition of any Building Permit, Certificate of Occupancy, Temporary Certificate, Stop Work 
Order, Operating Permit or other notice or order issued by the Code Enforcement Officer 
pursuant to any provision of this local law, shall be liable to a civil penalty of not more than $200 
for each day or part thereof during which such violation continues. The civil penalties provided 
by this subdivision shall be recoverable in an action instituted in the name ofthis Town.

(d) Injunctive Relief. An action or proceeding may be instituted in the name of this 
Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any 
violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, 
or any term or condition of any Building Permit, Certificate of Occupancy, Temporary 
Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order 
issued by the Code Enforcement Officer pursuant to any provision of this local law. In 
particular, but not by way of limitation, where the construction or use of a building or structure 
is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any 
Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the 
Energy Code or this local law, an action or proceeding may be commenced in the name ofthis 
Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an 
order directing the removal of the building or structure or an abatement of the condition in 
violation of such provisions. No action or proceeding described in this subdivision shall be 
commenced without the appropriate authorization from the Town Board of this Town.

(e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the 
exclusive remedy or remedy available to address any violation described in this section, and 
each remedy or penalty specified in this section shall be in addition to, and not in substitution 
for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop 
Work Orders) of this local law, in any other section ofthis local law, or in any other applicable 
law. Any remedy or penalty specified in this section may be pursued at any time, whether prior 
to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this 
section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, 
or in any other applicable law. In particular, but not by way of limitation, each remedy and 
penalty specified in this section shall be in addition to, and not in substitution for or limitation 
of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any 
remedy or penalty specified in this section may be pursued at any time, whether prior to, 
simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 
382 of the Executive Law.

SECTION 15: FEES

A fee schedule shall be established by resolution of the Town Board of this Town. Such 
fee schedule may thereafter be amended from time to time by like resolution. The fees set forth 
in, or determined in accordance with, such fee schedule or amended fee schedule shall be 
charged and collected for the submission of applications, the issuance of Building Permits,

amended Building Permits, renewed Building Permits, Certificate of Occupancy, Temporary 
Certificates, Operating Permits, fire safety and property maintenance inspections, and other 
actions of the Code Enforcement Officer described in or contemplated by this local law.

SECTION 16. INTERMUNICIPAL AGREEMENTS

The Town Board of this Town may, by resolution, authorize the Codes Enforcement 
Officer and Building Inspector of this Town to enter into an agreement, in the name of this 
Town, with other governments to carry out the terms of this local law, provided that such 
agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of 
Title 19 of the NYCRR, or any other applicable law.

SECTION 17. 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 of this local law.

SECTION 18. EFFECTIVE DATE

This local law shall take effect immediately upon filing in the office of the New York 
State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.

Bid Opening - The Town opened bids received for the 2006 Mitsubishi Fuso truck with Fisher plow and Tarco sander. Four wheel drive with dump body and behind the cab tool box in as is condition. Minimum bid $25,000.00. Will not separate. Sold as complete unit only. Only one bid was received from TDI, Tom Dupree, president. The bid was for $30,125.00. On a motion by Tom Kimpton, seconded by John Murray the Board accepted the bid of $30,125.00. All members voting Aye. Motion carried. Highway Superintendent McGill will notify Mr. Dupree.

Resolution No 09: WHEREAS, George A. Donaldson & Sons, Inc. ("Donaldson") filed and served contested 
real property tax assessment proceedings in Franklin County Supreme Court on its property located 
at 4426 New York State Route 30 (assessment parcel no 463.-2-1L("Property") for the assessment 
years 2014, 2015, 2016 and 2017, respectively, alleging overvaluation of the Property; and

WHEREAS, the Town of Santa Clara ("Town") and its Assessor engaged David R. Murphy, 
Esq. of E. Stewart Jones Hacker Murphy LLP, and Charles 1. Francis of Francis & Company, to 
provide legal services and valuation services to assist and advise the Town and its Assessor with 
respect to all issues raised in the 2014-2017 proceedings; and

WHEREAS, Donaldson also filed an administrative complaint against its tentative 2018 
assessment on the Property with the Town's Board of Assessment Review claiming overvaluation of 
the Property; and

WHEREAS, the 2014,2015,2016 and 2017 proceedings were scheduled for a non-jury trial 
in Franklin County Supreme Court commencing on May 30, 2018 at Malone, New York; and

WHEREAS, Attorney Murphy has engaged in extensive settlement negotiations with 
Donaldson'S attorneys of record in an effort to reach a fair and equitable resolution of all issues 
between the parties and avoid the expense of trials and/or appeals, and manage the financial risks to 
the Town of an adverse outcome; and

WHEREAS, Attorney Murphy has kept the Town Supervisor closely and fully informed of 
the progress of negotiations, of the strengths and weaknesses of the parties' respective contentions on 
valuation, and has closely and regularly consulted with Appraiser Francis for valuation expertise and 
support; and

WHEREAS, a tentative settlement agreement has been reached between the parties' attorneys 
subject to review and ratification by Donaldson and the Town, the essential terms and conditions of 
which are now brought before this Town Board for its approval or rejection; and

WHEREAS, Attorney Murphy has recommended the proposed settlement to the Town for 
approval and adoption, and is supported in that recommendation by Charles Francis, certified general 
appraiser; and

WHEREAS, the Town wishes to both minimize future legal and expert costs and amicably 
resolve the longstanding dispute between the parties consistent with the best financial interests of the 
Town;

NOW, BE IT RESOLVED as follows:

The Town consents to the submission and filing of a judicial Order and Judgment 
directing the Town's Assessor to revise and reduce the 2014-2017 final assessments on 
the Property as follows:

Year
 Assessment


Revised Assessment

2014 $5,215,600 $3,000,000
2015 $5,215,600 $3,000,000
2016 $5,215,600 $3,000,000
2017 $5,215,600 $3,000,000

Upon due service upon Attorney Murphy of a judicial Petition on or after July 1, 2018 as 
to the now tentative 2018 assessment of $5,215,600 on the Property, Attorney Murphy is 
authorized to resolve the 2018 assessment dispute at a total assessment of $3,000,000.

The Town acknowledges that, in consideration of agreeing to this disposition, Donaldson 
will not collet accrued interest against the Town as to any Town property tax refunds 
otherwise due and owing to Donaldson per the parties' settlement.

Attorney Murphy is authorized to approve and execute all documents effecting the above- 
described settlement and, as the Town's attorney-in-fact, to do all things necessary and 
appropriate to ensure finalization and discontinuance of the pending lawsuits, and to 
ensure full and timely compliance by the Town with its terms and conditions.

The Town is aware that, under Section 727 of the Real Property Tax Law, but subject to 
its stated exceptions, this settlement will control the 2019, 2020 and 2021 assessments on 
the Property and that during those years, Donaldson shall be barred from further litigating 
the Property's assessment so long as all pertinent provisions of RPTL Section 727 shall 
be satisfied.

BE IT SO RESOLVED:

Dated June 14, 2018 Voting Yes: Thomas Kimpton, David Perry, Richard Lyon, John Murray, Marcel “Mickey" Webb

Planning Board Update - Moss Rock Road Residents Petition

Nine homeowners on Moss Rock Road sent a letter to the Members of the Town of Santa Clara Planning Board Requesting that the Town of Santa Clara change the Land Use District and/or zoning designation of the center parcel around which all their properties are situated (Parcel 453.-2-23 - ~ 20 acres) from R-1-3.2 to R-1-8.5. The senders report that the property is for sale and a change in land use designation is justified because subdivision of the property and subsequent development would (1) negatively affect the wooded and private quality of the neighborhood, (2) overdevelopment would raise erosion and runoff concerns, (3) negatively affect property values, thereby decreasing town tax revenue and (4) increase traffic and maintenance cost to the Town road. An additional letter was received from Barbara Franklin elaborating on run-off issue and property devaluation, and urging consideration of the petition. The entire petition was read to the members of the Planning Board and also the letter received from Barbara Franklin. Scottie reported that she had emailed all the petitioners listed on the emailed petition informing them when the Planning Board would meet and what the process for reviewing the petition would entail.

The Planning Board consulted with the Town special counsel for Land Use matters. The counsel’s opinion was that granting this petition would be “spot zoning", especially since it is a single parcel, and would be very difficult to defend a legal challenge against the land use change.

Board members pointed out that there are already adequate safeguards in place to prevent any ecological damage. For example, for further development to take place, the land must first be subdivided. In order for the land to be subdivided, the subdivision must be approved by the Planning Board. Part of the planning board assessment would include a determination of the suitability of the parcels as building lots. Even if the subdivision were granted, each lot must meet strict standards administered by the building inspector before a building permit will be issued. For example, post-construction run off cannot exceed pre-development run off.

Landfill Solar Project – Supervisor Webb received a letter from Donna Kissane, Franklin County Manager, advising that NYSERDA has indicated that the former Santa Clara landfill on the Dexter Road in the Hamlet of Santa Clara is a potential site for a solar power project. Supervisor Webb on the approval of the Board will follow up on this potential project.

Open Discussion

Michelle Brown Garcia inquired about the solar project but at this time Supervisor Webb does not have enough information to answer any questions on the proposed project.

Lynne Perry inquired if there was any more information on the Substation Fire Department for the newsletter. Supervisor Webb will get her the information to put in the newsletter.

Good of the Town

Highway Superintendent McGill reported that the sand has been put up for next winter, the Blue Mountain Road has been graded and the County is sending up the grader so that the Floodwood Road can be graded. The new truck has been ordered and should be here in September 2018. Scott has mowed the old landfill.

Supervisor Webb reported that the Santa Clara Substation of the Tupper Lake Volunteer Fire Department in operational as of 6/14/18. Todd Hall has been named Captain of the fire company/substation. Supervisor Webb is very appreciative of all the work Todd Hall has put into bringing this all together. Todd has offered to take the Tupper Lake Fire Department on a tour of the Upper Saranac Lake to familiarize them with the area. Todd is also looking into moving the dock for the Fire Boat to Eagle Island.

VILLAGE OF TUPPER LAKE

53 PARK STREET 
PO BOX 1290 
TUPPER LAKE, NY 12983
Phone (518) 359-3341 
Fax (518) 359-7802
Email viJItupplake@centralny.twcbc.com

June 14, 2018

To Whom it may concern:

This letter is to certify that the Village of Tupper Lake Fire Department Sub- 
Station located a 5367 State Route 30 in the Town of Santa Clara is operational 
effective this date.

This action is attested to by the following signatures.

Paul Maroun, Mayor Village of Tupper Lake

Date 6/14/18

Royce Cole, Fire Chief VTLFD

Marcel Webb, Supervisor Town of Santa Clara


Rick Lyon reported on the acoustics project. Rick has found 6’ by 6’ acoustical panels called “Hush Screens" that are on wheels that could be used in the community room to improve the acoustics. The panels can be moved around the room as needed. Six panels with shipping will cost approximately $3,000.00. The Board will meet to review the panel and determine if they want to purchase them.

Motion was made to go into executive session to discuss a legal matter by Tom Kimpton, seconded by Dave Perry. All members voting Aye. Motion carried.

Motion was made to come out of executive session from discussing a legal matter by Rick Lyon, seconded by Tom Kimpton. All members voting Aye. Motion carried.

General Fund vouchers No. 120 to 151 in the amount of $23,592.03 and Highway Fund vouchers No. 52 to 59 in the amount of $3,316.67 were audited by the Board. Motion by Tom Kimpton seconded by John Murray to approve vouchers and pay audited vouchers. All members voting Aye. Motion carried.

Adjournment

Motion to adjourn at 8:08 P.M. made by Dave Perry, seconded by Rick Lyon. All members voting Aye. Motion carried.

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5359 State Route 30  ·  Saranac Lake, NY 12983
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