DATED: 1986

Local Law NO. 2
SECTION 1. ENFORCEMENT OFFICER
The Code Enforcement Officer of the County of Montgomery is
hereby designated to administer and enforce the New York State
Uniform Fire Prevention and Building Code (Uniform Code) for the
buildings and properties which are dedicated to public use and
are owned by the municipal entity named the County of Montgomery,
New York and 'any buildings and properties present within the corporate
limits of the entire Village of Fultonville, Montgomery
County, New York.
The Code Enforcement Officer of the County of Montgomery
New York, is authorized and directed to develop written rules and
regulations which ensure that publicly-owned County buildings,
properties and facilities are constructed and maintained in accordance
with the provisions of the Uniform Code. Such written regulations
will be subject to the approval of the Montgomery County
Board of Supervisors.
The following provisions of this Local Law (Sections 2.
through 9.) apply only to buildings and properties, both publicly
and privately owned, which are located within the corporate boundaries
of the Village of Fultonville, New York.

SECTION 2. BUILDING PERMITS
A. No person, firm, corporation, association, or other organization
shall commence the erection, construction, enlargement,
alteration, improvement, removal, or demolition of any building
or structure, except an agricultural building or structure,
nor install heating equipment without having applied for and obtained
a permit from the Code Enforcement Officer. However, n~
permit shall be required for the performance of necessary repairs
which are not of a structural nature and which are done in conformance
with the Uniform Code. The provisions for building permits.
applies specifically to buildings and properties found to be within
the corporate limits of the Village of Fultonville, New York.
B. Applications for a building permit may be obtained from
the Office of the Code Enforcement Officer or his designee. A
completed application shall be delivered to the Code Enforcement
Officer, and must include:
The signature of the applicant or authorized agent;
A description of the site on which the proposed
work is to be done;
A statement of the use or occupancy of all parts
of the land and of the proposed building or
structure;
A brief description of the proposed work;
The estimated cost of the proposed work with
appropriate substantiation;
The full name and address of the owner and the
applicant, and, if either be a corporation, the
names and addresses of responsible officers;
Three sets of plans and specifications for the
proposed work;
The fee specified in this Local Law;
The building permit shall conspicuously state
the name of the party upon whom all appropriate
notices shall be served;
A statement granting the applicant's permission
for the Code Enforcement Officer to enter the
property and structure thereon as frequently
as he deems necessary to inspect the same for
the compliance with the Uniform Code.
The applicant may request that the requirement of plans and
specifications be waived where the work to be done involves minor
alterations or are otherwise unnecessary.
C. The applicant shall notify the Code Enforcement Officer
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 and when the proposed work is determined to conform to
the requirements of the Uniform Code. The authority conferred
by such permit may be limited by conditions, if any, contained
therein.
O. A building permit issued pursuant to this Local Law
shall be prominently displayed on the property or premises to
which it pertains.
E. A building permit issued pursuant to this Local Law 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 with any condition attached to such permit, or
if there has been a misrepresentation or falsification of a
material fact in connection with the application" for the permit.
F. A building permit issued pursuant to this Local Law
shall expire one (1) year 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 successive one-year
periods provided that (i) the permit has not been revoked or
suspended at the time the application for renewal is made, (ii)
the relevant information in the application is up to date, and
(iii) the renewal fee is paid.

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SECTION 3. CERTIFICATE OF OCCUPANCY
A. No building erected subject to the Uniform Code and this
Local Law shall be used or occupied, except to the extent provided
in this section, until a certificate of occupancy has been issued.
No building similarly 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. The owner or his agent shall 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, but may be renewed an indefinite number of times.
C. No certificate of occupancy shall be issued except
upon an inspection which reveals no uncorrected deficiency or
material violation of the Uniform Code in the area intended
for use and upon payment of the appropriate fee.

SECTION 4. INSPECTION
A. Work for which a building permit has been issued under
this Local Law shall be inspected for approval prior to enclosing
or covering any portion thereof and upon completion of each stage
of construction including, but not limited to, building location,
site preparation, excavation, foundation, framing, superstructure,
electrical, plumbing, and heating and air conditioning. It shall
be the responsibility of the owner, applicant, or his agent to
inform the Code Enforcement Officer that the work is ready for
inspection and to schedule such inspection.
B. Existing buildings not subject to inspection under subdivision
(A) of this section shall be subject to periodic inspections
for compliance with the Uniform Code in accordance
with the following schedule: all areas of public assembly defined
in the Uniform Code, all buildings or structures containing areas
of public assembly, and the common areas of multiple dwellings every
six (6) months; all building or structures open to the general
public ~ every twelve (12) months; all other buildings every
eighteen (18) months. Notwithstanding any requirement of
this subdivision to the contrary, no regular, periodic inspections
of occupied dwelling units shall be required, except that this
shall not be a limitation on inspections conducted at the invitation
of the occupant or where conditions on the premises threaten
or present a hazard to public health, safety, or welfare.

SECTION 5. INSPECTORS
A. The inspections required by Section 4. Of this Local Law
shall be performed by the Code Enforcement Officer or such inspector
as he may designate pursuant to the provisions of Subdivision
B of this paragraph of this Local Law. The Code Enforcement
Officer is authorized to order, in writing, the correction
of any condition in violation of the Uniform Code found in, on,
or about any building. Such orders shall be served in person
upon a responsible party or his authorized agent or by certified
mail sent to the address of a responsible party set forth in
any relevant application for a permit or in any relevant certificate.
The order shall set forth the time within which the condition
must be corrected. A responsible party who fails to
correct the condition within the specified time shall be subject
to a penalty as provided by law.

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B. The applicant for a building permit on premises subject
to inspection under Section 4. May be required by the Code Enforcement
Officer to have such inspection performed at his own
cost and expense by a competent inspector acceptable to the Code
Enforcement Officer. Such inspector may be a registered architect,
licensed professional engineer, certified code enforcement
officer, or other person whose experience and training has
been demonstrated to the satisfaction of the Code Enforcement
Officer. Such inspector shall certify the results of his inspection
to the Code Enforcement Officer. Any person required by
the Code Enforcement Officer to have an inspection performed at
his own cost and expense shall not be assessed the fees otherwise
prescribed in this Local Law.
C. If the Code Enforcement Officer is the owner of or is
involved in work on the premises to be inspected, or if there
shall otherwise be any conflict of interest, the Montgomery
County Board of Supervisors shall appoint a qualified individual
to perform such duties.
SECTION 6. FEES
A. Fees for building permits shall be ten dollars ($10.00).
B. Other fees shall be as follows:  
Renew of Building Permit $10.00
Temporary Certificate of Occupancy $10.00
Third or Subsequent Temporary
Certificate of Occupancy $50.00
Certificate of Occupancy No Charge

SECTION 7. REMEDIES
A. In addition to, and not in limitation of any power otherwise
granted by law, the Code Enforcement Officer or his designee
shall have the authority to order, in writing, the remedying of
any condition found to exist in, on, or about any building in the
Village of Fultonville which is in violation of the Uniform Fire
Prevention and Building Code, and to issue appearance tickets for
violation of the Uniform Code.
B. Any person, having been served, either personally or by
registered mail, with an order to remedy any condition found to
exist in, on, or about any building in the Village of Fultonville
which is in violation of the Uniform Fire Prevention and Building
Code who shall fail to comply with such order within the time fixed
by the Code Enforcement Officer or his designee, such time
period to be stated in the order, and any owner, builder, architect,
tenant, contractor, subcontractor, construction superintendent or
their agents or any other person taking part or assisting in the
construction of any building who shall knowingly violate any of
the applicable provisions of the Uniform Code of this Local Law,
or any order promulgated by the Secretary of State of the State
of New York made thereunder regarding standards for construction,
maintenance, or fire protection equipment, and systems shall be
punishable by a fine of not more than Fifty Dollars ($50.00) per
day of violation, or imprisonment not to exceed 30 days, or both.
Each day such violation continues will constitute a separate
violation.
C. Where the construction or use of a building is in violation
of any provision of the Uniform Code or this Local Law, any
court of competent jurisdiction may order the removal of the
building or an abatement of the condition in violation of such
provisions. An application for such relief may be made by the
Code Enforcement Officer in the name of the County of Montgomery,
the Secretary of State or any other persons aggrieved by the violation.

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SECTION 8. 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 thereof.

SECTION 9. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with
the Secretary of state.