NEW YORK STATE UNIFORM CODE TOWN OF WEBSTER
Department of Community Development February 23, 2023
PRESENTATION GOALS
Tonight's Presentation Will Address:
November 10th, 2022, Follow Up
▪ What Does the “Uniform Code” Consist Of? ▪ Mandatory Enforcement ▪ Implementation Statistics ▪ Proposed Code Layout
▪ Implementation Timeline
UNIFORM CODE CONTENTS
PITCH DECK
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MANDATORY ENFORCEMENT [NY] 101.1 Title. (PMCNYS) This publication shall be known as the 2020 edition of the Property Maintenance Code of New York State (PMCNYS) hereinafter referred to as “this code”. This code is part of the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”). [NY] 103.1 Administration and enforcement. The Uniform Code shall be administered and enforced by the authority having jurisdiction. The identity of the authority having jurisdiction in given situation is determined in accordance with Article 18 of the Executive Law and the regulation promulgated by the Secretary of State pursuant to Executive Law Section 381(1). In general, the authority having jurisdiction is the local government (city, town, village) in which the building or structure is located.
[NY] 102.8 Other laws and regulations. 2. Pursuant to Section 379(3) of the Executive Law, no city, town, village, county or other municipality shall have the power to supersede, void, repeal, or make less restrictive any provisions of the Uniform Code;
[NY] 103.1.1. Where a city, town, village, or county is the authority having jurisdiction: 1. Such city, town, village, or county shall provide for administration and enforcement of the Uniform Code and Energy Code by local laws, ordinance, other appropriate regulation, or combination of both. 4
MANDATORY ENFORCEMENT (CONTINUED)
Legal Memorandum LG03: What Elected Officials Need to Know (April 2021)
A. The Uniform Code “An individual city, town, village is not required to ‘adopt’ the Uniform Code or take any other affirmative step to make the Uniform Code effective within the municipality. The Uniform Code is automatically in effect in each city, town, and village in the State (except NYC) by directive of the State Legislature. An Individual city, town, or village cannot choose to exclude itself from all or any part of the Uniform Code.”
Article 18 Section 371 Statement of legislative findings and purposes (5) provide protection to both residential and non-residential buildings; c. Insure that the Uniform Code be in full force and effect in every area of the state; d. Encourage local governments to exercise their full powers to administer and enforce the Uniform Code; and e. Provide for a uniform, statewide approach to the training and qualification of personnel engaged in the administration and enforcement of the Uniform Code.
B. Administration and Enforcement of the Uniform Code “…the Uniform Code is typically enforced at the local level, by each ‘local government’.” 5
IMPLEMENTATION STATISTICS MENTIONS OF THE UNIFORM CODE 5
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Brighton
Irondequoit
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Chapter 62. Electrical Standards Chapter 73. Fire Prevention and Building Construction Appendix A: Comprehensive Development Regulations
Gates •
Chapter 113 Property Maintenance
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Chapter 24 Building Code Administration Chapter 165 Zoning
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Chapter 48 Building and Development Chapter 56 Buildings, Unsafe Chapter 119 Fire Prevention Chapter 198 Plumbing and Electrical Chapter 215 Rental Registry Chapter 295 Zoning
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Parma Penfield
Henrietta
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Chapter 98 Building Construction and Fire Prevention Chapter 171 Plumbing
Greece Chapter 97 Electrical Standards Chapter 114 Fire Prevention and Building Code Chapter 157 Property Maintenance Chapter 162A Rental Properties
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Chapter 94 Building Construction Chapter 250 Zoning and Land Use
Pittsford • • •
Chapter 64 Building Construction and Maintenance Chapter 66 Building and Property Maintenance Chapter 79 Electrical Standards
Rochester • • • •
Chapter 10 Charter of the City of Rochester Chapter 39 Building Code Chapter 50 Elevators, Escalators and Other Conveyances Chapter 54 Fire Prevention Code
PURPOSE
If New York State requires mandatory enforcement of the Uniform Code whether it is adopted into municipal law or not, what is the purpose of this presentation?
• The Town of Webster municipal code is currently without a Property Maintenance Chapter. • Although it’s possible to cite violations of the NYS Property Maintenance Code without municipal adoption it does cause issues.
• A Town of Webster Property Maintenance Chapter would outline enforcement roles, proper procedure, due process, actions in cases of non-compliance, and penalties for offenses. • Without this chapter egregious, non-compliant cases that must be sent to court for prosecution will not have defined penalties 20XX
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PROPERTY MAINTENANCE
General Provisions xx-1 Title. xx-2 Purpose. xx-3 Definitions. xx-4 Scope; applicability. xx-5 Construal of provisions. xx-6 Adoption of standards. ARTICLE II: Regulatory Provisions xx-7 Exterior Property Maintenance. A. Exterior property areas. B. Garbage and refuse.
xx-8 Interior Property Maintenance. A. Structural members. B. Ceilings, walls, floors, and stairways. C. Habitable spaces. D. Electrical light. E. Mechanical ventilation. F. Toilet Rooms. G. Heating equipment and chimneys. H. Cooking and refrigeration. I. Plumbing maintenance. J. Electrical maintenance. K. Locking devices. L. Smoke detectors. M. Infestation.
xx-9 Vacant Structures. xx-10 Maintenance of Vacant Lots. Article III: Enforcement and Compliance xx-11 Designation of enforcement officer. xx-12 Correction of violations. xx-13 Actions in cases of noncompliance. xx-14 Violations. xx-15 Severability. 8
PROPOSED TIMELINE IMPLEMENTATION INTO TOWN CODE ➢ March ➢
Draft & develop Property Maintenance Chapter for public review
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Internal town legal review
➢ April ➢
Release drafted chapter for public review
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Propose public hearing at April 20th 2023 Town Board meeting
➢ May ➢
Bring before Town Board for formal vote at May 4th 2023 Town Board meeting 9
QUESTIONS?