Beekman City Zoning Code
ARTICLE XIII
Administration and Enforcement
§ 155-65 General procedure.
A.
General sequence of steps. All persons desiring to undertake any new construction, structural alteration or change in the use of a building or lot shall apply to the Building Inspector for a building permit by filling out the appropriate application form and submitting the completed application and required documentation as listed in § 155-67. The Building Inspector will then review the application and issue or deny the building permit or refer the application to the Planning Board or Zoning Board of Appeals, as required. After the building permit has been paid for and received by the applicant, he may proceed to undertake the action permitted in the building permit and, upon completion of such action, shall apply to the Building Inspector for a certificate of occupancy. If the Building Inspector finds that the action of the applicant has been taken in accordance with the building permit and/or approved site plan and the subject structure(s) meet all building, zoning and environmental requirements, he will then issue a certificate of occupancy/certificate of compliance or temporary certificate of occupancy allowing the premises to be occupied for the proposed use.
B.
Building permit types. Under the terms of this chapter, the following classes of building permits may be issued:
(1)
Permitted use. A building permit for a permitted use may be issued by the Building Inspector after site plan approval, where applicable.
(2)
Special use. A building permit for a special use may be issued by the Building Inspector upon receipt of written approval by the Planning Board.
(3)
Building permit after an appeal or a request for a variance. A building permit may be issued by the Building Inspector upon the order of the Zoning Board of Appeals and after a public hearing held by the Zoning Board of Appeals for the purpose of deciding upon the appeal or a request for a variance and after the Zoning Administrator has reviewed the application after the Zoning Board of Appeals' decision to assure compliance with this chapter.
C.
The Building Inspector shall keep a record of all violations of the provisions of this chapter and the action taken by him/her in respect to such violations and shall keep a record of all such complaints of violations and the action taken by him/her in respect to such complaints.
§ 155-66 Building Inspector.
A.
This chapter shall be enforced by the Building Inspector. The Building Inspector shall administer and enforce all the provisions of the Uniform Code, the Energy Code and the Code of the Town of Beekman. The Building Inspector shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy/certificates of compliance, temporary certificates of occupancy and operating permits such terms and conditions as the Building Inspector may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy/certificates of compliance, temporary certificates of occupancy and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter;
(4)
To issue stop-work orders, orders to remedy and cease and desist;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of the Town of Beekman;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town of Beekman's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or the Code of the Town of Beekman; and
(11)
To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by the Town Board of the Town of Beekman.
B.
The Building Inspector shall be appointed by the Town Board of the Town of Beekman. The Building Inspector 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 Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Building Inspector is unable to serve as such for any reason, an individual shall be appointed by Town Board of the Town of Beekman to serve as Acting Building Inspector. The Acting Building Inspector shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Building Inspector by this chapter.
D.
One or more Inspectors may be appointed by the Town Board of the Town of Beekman to act under the supervision and direction of the Building Inspector and to assist the Building Inspector in the exercise of the powers and fulfillment of the duties conferred upon the Building Inspector by this chapter. 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 Building Inspector and Deputy Building Inspectors shall be fixed from time to time by the Town Board of the Town of Beekman.
§ 155-67 Building permits.
A.
Application process.
(1)
No person shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure or cause the same to be done without first obtaining a separate building permit from the Building Inspector for each such building or structure. Building permits shall be required for work which must conform to the Uniform Code with the following exceptions:
(a)
Installation of swings and other playground equipment associated with a single-family or two-family dwelling or multiple single-family dwellings (townhouses);
(b)
Installation of swimming pools associated with a single-family 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 the ground;
(c)
Installation of fences six feet high or less and fences which are not part of an enclosure surrounding a swimming pool;
(d)
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(e)
Construction of temporary motion-picture, television and theater stage sets and scenery;
(f)
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(g)
Installation of partitions or movable cases less than five feet nine inches in height;
(h)
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(i)
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(j)
Repairs, provided that such repairs do not involve:
[1]
The removal or cutting away of a load-bearing wall, partition or portion thereof, or of any structural beam or load-bearing component;
[2]
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
[3]
The enlargement, alteration, replacement or relocation of any building system;
[4]
The removal from service of all or part of a fire-protection system for any period of time.
(2)
Application for a building permit shall be made to the Building Inspector on forms provided by him.
(3)
In order that the Zoning Administrator may review the application for compliance with zoning regulations, the following information shall be submitted with the application:
(a)
A current survey of the land on which the proposed work is to be done, sealed and stamped by a licensed surveyor or licensed professional engineer.
(b)
A statement of the use or occupancy of all parts of the land and of the building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner and of the applicant and the names and addresses of their responsible officers if any of them are corporations.
(e)
A written description of the nature of the proposed work, in sufficient detail to clearly outline the nature of the project.
(f)
Duplicate set of plans and specifications.
[1]
Construction documents shall not be accepted as part of an application for a building permit unless such documents:
[a]
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
[b]
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
[c]
Substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code.
[2]
Provisions shall be made for construction documents accepted as part of a permit application to be so marked in writing or by stamp. One set of accepted construction documents shall be retained by the Building Inspector. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement official.
(g)
Such other information as may reasonably be required by the Zoning Administrator to establish compliance of the proposed work with the requirements of the applicable provisions of this chapter.
(4)
Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
(5)
Plot plan.
(a)
Each application for a building permit shall be accompanied by a plot plan, drawn to scale, showing:
[1]
The location and size of all proposed new construction, including porches, decks and all accessory or ancillary structures, and all existing structures on the site.
[2]
The nature of the work to be performed and the materials to be incorporated.
[3]
A topographic survey drawn to two-foot contours.
[4]
Location of an existing or proposed well and septic system, if applicable.
[5]
Distance from lot lines and existing structures.
[6]
The relationship of structures on adjoining property.
[7]
Widths and grades of adjoining streets, walks and alleys.
[8]
Any existing utility easements.
[9]
A soil erosion control plan, if applicable.
(b)
Plans and specifications shall bear the signature of the person responsible for the design and drawings.
(c)
Plans for proposed structures on lots within approved subdivisions shall be drawn on individual lot maps and not reproduced from the overall subdivision plat.
(d)
The Building Inspector may waive the requirement for filing plans.
(6)
Water supply, sewage disposal and drainage.
(a)
All water supply and sewage disposal installations shall conform to the Dutchess County Department of Health regulations. No plot plan shall be approved by the Building Inspector in any zone unless such conformity is certified on the plan.
(b)
Drainage affecting adjacent properties shall be considered by the Building Inspector before issuing a building permit, including possible runoffs to said properties. The Building Inspector may request an evaluation of the drainage plan from the Dutchess County Soil and Water Conservation District.
(c)
The Building Inspector shall have the right to inspect all privately owned water and sewage disposal systems to ensure compliance with all prior approvals granted.
(7)
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.
(8)
Applications for a building permit or for an amendment thereto shall be examined by the Building Inspector to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code.
B.
Performance of work under building permit.
(1)
Expiration of permit. A building permit issued pursuant to this chapter shall expire one year from the issuance thereof or upon issuance of a certificate of occupancy (C.O.)/certificate of compliance (C.C.), whichever shall first occur. Such permit may be renewed for one year, provided that the original permit has not been revoked. A renewal fee must be paid for every year that the permit has expired. No construction can proceed with an expired permit.
(2)
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. No plans may be amended without appropriate approvals from all applicable reviewing bodies or agencies, and it must be amended by a qualified engineer.
(3)
If construction does not commence within one year of issuance of the building permit, the building permit will become invalid. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Building Inspector.
(4)
The building permit is required to be visibly displayed at the work site and to remain visible until a certificate of occupancy/certificate of compliance has been issued.
C.
Revocation of building permit.
(1)
The Building Inspector may order that an approved building permit be revoked in the following instances:
(a)
Where he finds that there has been any false statement, misrepresentation, incorrect, inaccurate or incomplete information as to a material fact in the application, plans or specifications on which the building permit was based.
(b)
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
(c)
Where he finds that the work performed under the permit is not being completed in accordance with the provisions of the application, plans or specifications or the work for which the permit was issued for violates the Uniform Code.
(d)
Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Building Inspector.
(2)
After the building permit has been revoked, the Building Inspector, at his discretion, before issuing a new building permit, may require a bond in the favor of the Town of Beekman with sufficient surety conditions for compliance with this chapter and all provisions of the ordinances, laws and regulations then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.
(3)
The building permit shall be revoked until such time as the permit holder demonstrates that all work completed and all work proposed shall be in compliance with applicable provisions of the Code.
D.
Stop-work orders. When the Building Inspector and/or Deputy Building Inspector has reasonable grounds to believe that work on any building, structure or site is being performed in violation of the provisions of this chapter or other applicable Building Codes, ordinances, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, and persons performing the work to suspend all building activities until the stop-work order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction. Stop-work orders shall also be issued for construction without a building permit being issued or construction on a project with an expired or revoked building permit. Construction activity that continues after a stop-work order has been issued is considered an offense.
(1)
Effect of stop-work order. Upon the issuance of a 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. A fine of $100 shall be paid to the Building Department before a stop-work order is rescinded.
(2)
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection D 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 § 155-69 of the Code of the Town of Beekman 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.
E.
Right of entry. Any Building Inspector and/or Zoning Administrator, or their deputies, upon the showing of proper credentials and in the discharge of his duties, is authorized to enter upon any building, structure or premises at any reasonable hour to the extent permitted by law.
F.
Construction inspections.
(1)
Permitted work shall be required to remain accessible and exposed until inspected and accepted by the Building Inspector. Permit holders shall be required to notify the Building Inspector when construction work is ready for inspection.
(2)
The following are required inspections, where applicable:
(a)
Work site prior to the issuance of a permit;
(b)
Footing;
(c)
Foundation;
(d)
Footing drains;
(e)
Preparation for concrete slab;
(f)
Framing;
(g)
Building systems, including underground and rough-in (plumbing and electrical);
(h)
Fire-resistant construction;
(i)
Fire-resistant penetrations;
(j)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(k)
Energy Code compliance (insulation);
(l)
A final inspection after all work authorized by the building permit has been completed (C.O./C.C. inspection);
(m)
Any other inspections as required by the Building Inspector.
(3)
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. Construction work not in compliance with code provisions shall be required to remain exposed until it has been brought into compliance with the code, been reinspected, and been found satisfactory as completed.
§ 155-68 Certificates of occupancy/certificates of compliance.
A.
General.
(1)
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
(2)
A certificate of occupancy or a certificate of compliance 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 or a certificate of compliance.
(3)
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall be occupied or used unless a certificate of occupancy has been issued by the Building Inspector.
(4)
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.
B.
Inspection prior to issuance of certificate. Before the issuance of a certificate of occupancy/certificate of compliance, the Building Inspector shall examine or cause to be examined all building and structure sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Town a record of all such inspections and examinations, together with a record of findings in violation of the law.
C.
Issuance of certificate of occupancy/certificate of compliance.
(1)
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable provisions of this chapter, ordinances, rules, codes and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy/certificate of compliance. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy/certificate of compliance and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
(2)
The certificate of occupancy/certificate of compliance shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
(3)
When applicable, all roadways, drainageways and/or common driveways within an approved development shall be satisfactorily graded and covered with the first coat of blacktop prior to the issuance of the first certificate of occupancy within that development. If the development is to be phased, the section of roadway serving each phase shall be constructed prior to the initial issuance of a certificate of occupancy for each phase. All work shall be in compliance with the approved plans as certified by the project engineer and approved by the Town Engineer and Town Highway Superintendent.
D.
Temporary certificate of occupancy. A certificate allowing temporary occupancy of a structure may not be issued prior to the completion of the work which is the subject of a building permit unless the structure or portions thereof may be occupied safely, any fire- and smoke-detecting or fire-protection equipment which has been installed is operational, and all required means of egress from the structure have been provided. The effectiveness of a temporary certificate shall be limited to a specified period of time, as designated by the Building Inspector, during which the permit holder shall undertake to bring the structure into full compliance with applicable provisions of the Uniform Code. Issuance of a temporary certificate of occupancy is at the discretion of the Building Inspector. The Building Inspector 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.
E.
A certificate of occupancy, certificate of compliance or temporary certificate of occupancy issued in error or on the basis of incorrect information may be suspended or revoked by the Building Inspector if the relevant deficiencies are not corrected within a specified period of time.
§ 155-69 Penalties for offenses; additional remedies.
A.
A violation of this chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate of occupancy, stop-work order, cease and desist, order to remedy, operating permit or other notice or order issued by the Building Inspector Officer pursuant to any provision of this chapter is hereby declared to be a violation punishable by a fine not less than $100 nor more than $250 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first violation; for conviction of a second violation, both of which were committed within a period of five years, punishable by a fine not less than $175 nor more than $250 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, a misdemeanor, all of which were committed within a period of five years, punishable by a fine not less than $250 nor more than $500 or imprisonment for a period not to exceed 90 days, or both. Each week's continued violation shall constitute a separate additional violation.
B.
Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any provision of this chapter or law or regulation, the Town Board or, with its approval, the Zoning Administrator or other proper official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
C.
Injunctive relief. An action or proceeding may be instituted in the name of the Town of Beekman, 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 chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate of occupancy, stop-work order, operating permit, compliance order, or other notice or order issued by the Building Inspector pursuant to any provision of this chapter. 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 chapter or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Town of Beekman, 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 subsection shall be commenced without the appropriate authorization from the Town Board of the Town of Beekman.
D.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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 § 155-67D, Stop-work orders, of this chapter, in any other section of this chapter, 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 § 155-67D, Stop-work orders, of this chapter, in any other section of this chapter, 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 § 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 § 382 of the Executive Law.
§ 155-70 Complaints; violations; recordkeeping.
A.
Complaints. The Building Inspector 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 chapter, or any other local law 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 Building Inspector may deem to be appropriate:
(1)
Performing an inspection of the conditions and/or activities alleged to be in violation and documenting the results of such inspection;
(2)
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 § 155-69 of the Code of the Town of Beekman;
(3)
If appropriate, issuing a stop-work order;
(4)
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.
B.
Compliance orders. The Building Inspector 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 chapter. Upon finding that any such condition or activity exists, the Building Inspector shall issue a compliance order (cease and desist, order to remedy). The compliance order shall be in writing; be dated and signed by the Building Inspector; specify the condition or activity that violates the Uniform Code, the Energy Code or this chapter; specify the provision or provisions of the Uniform Code, the Energy Code or this chapter which is/are violated by the specified condition or activity; specify the period of time which the Building Inspector deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Building Inspector shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by first-class mail. The Building Inspector shall be permitted, but not required, to cause the compliance 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 being performed at the affected property personally or by first-class mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
C.
Recordkeeping.
(1)
The Building Inspector shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
(a)
All applications received, reviewed and approved or denied;
(b)
All plans, specifications and construction documents approved;
(c)
All building permits, certificates of occupancy/certificates of compliance, temporary certificates of occupancy, stop-work orders, cease and desists, orders to remedy and operating permits issued;
(d)
All inspections and tests performed;
(e)
All statements and reports issued;
(f)
All complaints received;
(g)
All investigations conducted;
(h)
All other features and activities specified in or contemplated by this chapter; and
(i)
All fees charged and collected.
(2)
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 so required by state law and regulation.