Village of Irvington, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Irvington 5-18-2009 by L.L. No. 4-2009.[1] (A resolution accepting the State Building Construction Code and making it applicable to the Village of Irvington was adopted by the Board of Trustees of the Village of Irvington 1-3-1955. The current title of the state code is the "State Uniform Fire Prevention and Building Code.") Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 74.
Numbering of buildings — See Ch. 98.
Electrical inspection — See Ch. 110.
Fees and charges — See Ch. 114.
Fire prevention — See Ch. 118.
Flood damage prevention — See Ch. 124.
Plumbing — See Ch. 158.
Sewers — See Ch. 172.
Sprinkler systems — See Ch. 181.
Zoning — See Ch. 224.
[1]
Editor's Note: This local law also repealed former Ch. 95, Building Construction, adopted 1-12-1932, as amended.

§ 95-1 Purpose and intent; applicability.

This chapter 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 the Village of Irvington, as well as the Zoning Code of the Village of Irvington. This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this chapter. No building or structure or part thereof shall hereafter be moved, erected, constructed, reconstructed, demolished, extended or altered except in conformity with the provisions herein contained. [*NOTE: The New York State Uniform Fire Prevention and Building Code (the "Uniform Code") includes Part 1220 (Residential Code), Part 1221 (Building Code), Part 1222 (Plumbing Code), Part 1223 (Mechanical Code), Part 1224 (Fuel Gas Code), Part 1226 (Property Maintenance Code), and Part 1227 (Existing Building Code), of Title 19 of the New York Codes, Rules and Regulations (NYCRR).]

§ 95-2 Definitions.

Throughout this chapter, the following terms shall have the meanings indicated:
BUILDING
See definition in § 224-3 of the Code of the Village of Irvington.
BUILDING INSPECTOR
The Building Inspector of the Village of Irvington.
BUILDING PERMIT
A permit issued pursuant to § 95-4. The term "building permit" shall also include a building permit that is renewed, amended or extended pursuant to any provision of this chapter.
CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 95-7B.
CODE ENFORCEMENT OFFICER
The Building Inspector and any officer appointed pursuant to § 95-3B.
CODE ENFORCEMENT PERSONNEL
The Code Enforcement Officer and all inspectors.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to § 95-12A.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
FIRE INSPECTOR
The Fire Inspector of the Village of Irvington.
INSPECTOR
An inspector appointed pursuant to § 95-3D.
OPERATING PERMIT
A permit issued pursuant to § 95-8. The term "operating permit" shall also include an operating permit that is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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
An order issued pursuant to § 95-6.
STRUCTURE
See definition in § 224-3 of the Code of the Village of Irvington.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 95-7F.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time. The New York State Uniform Fire Prevention and Building Code (the "Uniform Code") includes Part 1220 (Residential Code), Part 1221 (Building Code), Part 1222 (Plumbing Code), Part 1223 (Mechanical Code), Part 1224 (Fuel Gas Code), Part 1226 (Property Maintenance Code), and Part 1227 (Existing Building Code), of Title 19 of the NYCRR.
VILLAGE
The Village of Irvington.

§ 95-3 Code Enforcement Officer and inspectors.

A. 
The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, this chapter, Chapter 224, Zoning and any other chapter of the Village of Irvington Code as directed by the Village Board of Trustees. 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 and/or 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 and/or certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy and/or certificates of compliance, 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 and/or certificates of compliance, temporary certificates 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;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to Subsection A of § 95-12, Violations; penalties for offenses;
(7) 
To maintain records;
(8) 
To collect fees as set by the Board of Trustees of the Village;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with the Village's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, this chapter, and any other chapter of the Village of Irvington Code, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, this chapter, or any other chapter of the Village of Irvington Code;
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter; and
(12) 
In his/her own person or in that of a duly delegated subordinate, the Code Enforcement Officer and/or Inspector shall have, for the purposes herein specified, the right of entry at reasonable hours, and upon due notice to the occupants, to any existing building in which he/she has reason to believe unsafe conditions exist, or without notice, to any part of any building upon which building work is being carried on.
B. 
The Code Enforcement Officer shall be appointed by the Board of Trustees. 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, a person shall be designated by Village Administrator for a period of not more than three months to serve as Acting Code Enforcement Officer. In the event that the Code Enforcement Officer is unable to serve for a period of more than three months, the Board of Trustees shall appoint an 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 chapter.
D. 
One or more inspectors may be appointed by appointment from the Board of Trustees 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 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 Code Enforcement Officer and inspectors shall be fixed from time to time by the Board of Trustees of the Village.

§ 95-4 Building permits.

A. 
Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work that must conform to the Uniform Code and/or the Energy Code, and Chapter 224, Zoning of the Code of the Village of Irvington, 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. 
No building permit shall be required for work in any of the following categories:
(1) 
Installation of swings, playhouses with a footprint of 35 square feet or less and a height of five feet or less, playground equipment, and similar equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(2) 
Construction of temporary motion-picture, television and theater stage sets and scenery;
(3) 
Installation of freestanding partitions or movable cases less than three feet in height;
(4) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(5) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(6) 
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
(7) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner that affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire protection system for any period of time.
C. 
The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, or any other state or local law.
D. 
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, the Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, and other state and local laws. 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, Greenburgh account 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;
(5) 
At least three sets of construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e) 
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; and
(6) 
If required, evidence of approval from the Irvington Planning Board, Architectural Review Board, Zoning Board of Appeals and/or Board of Trustees.
E. 
Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents that 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. 
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, Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, any other state and local laws, any special permit, variance, site development plan approval and other approval or permit issued by the Planning Board. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code, Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, and other state and local laws.
[Amended 10-15-2012 by L.L. No. 6-2013]
G. 
Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
H. 
All work shall be performed in accordance with the construction documents that 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. 
Building permits shall become invalid unless the authorized work is commenced within 12 months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit that has become invalid or that has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee in accordance with § 224-54A, and approval of the application by the Code Enforcement Officer.
J. 
If the Code Enforcement Officer determines that a building permit was issued in error or on the basis of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code, the Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, any other state and local laws, or any special permit, variance, site development plan approval or other approval or permit issued by the Planning Board, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that:
[Amended 10-15-2012 by L.L. No. 6-2013]
(1) 
All work then completed is in compliance with all applicable provisions of the Uniform Code, Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, any other state and local laws, any special permit, variance, site development plan approval and other approval or permit issued by the Planning Board; and
(2) 
All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, any other state and local laws, any special permit, variance, site development plan approval and other approval or permit issued by the Planning Board.
K. 
An application for a building permit, for an amended building permit, or for renewal of a building permit shall be accompanied by a fee determined in accordance with § 95-13.

§ 95-5 Construction inspections.

A. 
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 Subsection B of this section is ready for inspection.
B. 
The following elements of the construction process shall be inspected, 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
(10) 
A final inspection after all work authorized by the building permit has been completed.
C. 
After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to wherein the work fails to comply with the Uniform Code, Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, other state and local laws, or any building permit, special permit, variance, site development plan approval or other approval or permit issued by the Planning Board. Work not in compliance with any applicable provision of the Uniform Code, Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, other state and local laws, any site development plan approval, or other approval or permit issued by the Planning Board shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the applicable law, code, or approval, reinspected, and found satisfactory as completed.
[Amended 10-15-2012 by L.L. No. 6-2013]
D. 
The fee set by the Village Board of Trustees and included in the fee schedule must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 95-6 Stop-work orders.

A. 
The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. A stop-work order shall be issued to halt:
(1) 
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code, Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, any other state and local laws, any building permit, special permit, variance, site development plan approval or other approval or permit issued by the Planning Board 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
[Amended 10-15-2012 by L.L. No. 6-2013]
(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 that 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. 
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. 
The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served, personally or by certified mail, on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder). The Code Enforcement Officer shall be permitted, but not be required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or his/her 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. 
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.
E. 
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection 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 § 95-12, Violations; penalties for offenses, 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.

§ 95-7 Certificates of occupancy and certificates of compliance.

A. 
A certificate of occupancy or a certificate of compliance shall be required for any work that is the subject of a building permit and for all structures, buildings, or portions thereof, that 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.
B. 
The Code Enforcement Officer shall issue a certificate of occupancy or a certificate of compliance: (1) if the building permit for the work for which the certificate is sought has not expired; (2) if the work that was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, Energy Code, Chapter 224, Zoning, other applicable state and local codes and any conditions imposed by the Planning Board upon the applicant or his or her predecessors in interest; and (3) if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code, the Energy Code, Chapter 224, Zoning of the Code of the Village of Irvington, and all other state and local laws. Upon receipt of an application for a certificate of occupancy or certificate of compliance, 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 certificate of occupancy or a certificate of compliance. 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 or a certificate of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy or a certificate of compliance:
(1) 
An affidavit or affidavits by the licensed architect and/or engineer who prepared the plans to the effect that the plans, drawings and specifications, as submitted to and approved by the Building Inspector, the Planning Board, the Architectural Review Board and/or any other person or body whose approval was required for such plans, drawings and specifications, were prepared by him/her or under his/her supervision and, to the best of his/her knowledge, comply with the requirements of the Uniform Code and all other applicable laws and rules and regulations governing building construction, and that the licensed architect and/or engineer furnished administration of the construction contract and, to the best of his/her knowledge, based upon periodic visits to the site, the construction meets the requirements of said code, laws and rules and regulations and conforms to said plans;
(2) 
An affidavit by the contractor/builder who constructed the building or structure stating that, to the best of his/her knowledge and belief, he/she has constructed the building or structure in accordance with the approved construction, plans and drawings and specifications; and
(3) 
Flood hazard certifications.
C. 
A certificate of occupancy or a certificate of compliance shall contain the following information:
(1) 
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 or a certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or a certificate of compliance 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 or a certificate of compliance and the date of issuance.
D. 
A certificate of occupancy and a certificate of compliance shall state that the building or the proposed use of a building or land complies with all provisions of law and of this chapter and Chapter 224, Zoning and all other ordinances of the Village.
E. 
A certificate of occupancy and a certificate of compliance shall be deemed to authorize and are required for both initial and continued occupancy and use of the building, structure, or land to which they apply.
F. 
The Code Enforcement Officer shall be permitted to issue at his/her own discretion a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work that 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 90 days, 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.
G. 
If the Code Enforcement Officer determines that a certificate of occupancy or a certificate of compliance or a temporary certificate was issued in error or 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.
H. 
An application for a certificate of occupancy or a certificate of compliance or for temporary certificate shall be accompanied by a fee determined in accordance with § 95-13.

§ 95-8 Operating permits.

A. 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below, provided they are permitted by and meet the requirements of Chapter 224, Zoning of the Code of the Village of Irvington. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
(1) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(2) 
Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a by-product, 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 Board of Trustees of the Village.
B. 
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 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. 
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. 
In any circumstance in which more than one activity listed in Subsection 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 may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
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 of the applicable fee, and approval of such application by the Code Enforcement Officer.
F. 
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. 
An application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit shall be accompanied by a fee determined in accordance with § 95-13.

§ 95-9 Complaints.

[Amended 10-15-2012 by L.L. No. 6-2013]
The Code Enforcement Officer shall review and investigate complaints that allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, Chapter 224, Zoning, any other chapter of the Code of the Village of Irvington, any building permit, special permit, variance, site development plan approval or other approval or permit issued by the Planning Board. 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 § 95-12, Violations; penalties for offenses.
C. 
If appropriate, issuing a stop-work order.
D. 
If a violation that 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.

§ 95-10 Recordkeeping.

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 and/or certificates of compliance, 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 and action taken on each complaint;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by §§ 95-4 through 95-9, inclusive; 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 so required by state law and regulation.

§ 95-11 Program review and reporting.

A. 
The Code Enforcement Officer shall annually submit to the Board of Trustees of the Village 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 § 95-10, Recordkeeping, 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 the Village, on a form prescribed by the Secretary of State, a report of the activities of Village 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 the Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village in connection with administration and enforcement of the Uniform Code.

§ 95-12 Violations; penalties for offenses.

A. 
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, this chapter, Chapter 224, Zoning, any other chapter of the Code of the Village of Irvington, any building permit, special permit, variance, site development plan approval, or other approval or permit issued by the Planning Board. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall:
[Amended 10-15-2012 by L.L. No. 6-2013]
(1) 
Be in writing;
(2) 
Be dated and signed by the Code Enforcement Officer;
(3) 
Specify the condition or activity that violates the Uniform Code, the Energy Code, this chapter, Chapter 224, Zoning, any other chapter of the Code of the Village of Irvington, any building permit, special permit, variance, site development plan approval, or other approval or permit issued by the Planning Board;
(4) 
Specify the provision or provisions of the Uniform Code, the Energy Code, the Village Code, or approval that is/are violated by the specified condition or activity;
(5) 
Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance;
(6) 
Direct that compliance be achieved within the specified period of time; and
(7) 
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
B. 
The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner, general agent or contractor of the affected property personally or by registered mail or certified mail. The Code Enforcement Officer 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 registered mail or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
C. 
The Code Enforcement Officer and each inspector is authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code, this chapter, Chapter 224, Zoning, any other chapter of the Code of the Village of Irvington, any building permit, special permit, variance, site development plan approval or other approval or permit issued by the Planning Board.
[Amended 10-15-2012 by L.L. No. 6-2013]
D. 
In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code, this chapter, Chapter 224, Zoning, any other chapter of the Code of the Village of Irvington, or any term or condition of any building permit, special permit, variance, site development plan approval or other approval issued by the Planning Board, certificate of occupancy or certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable to a civil penalty, for the first offense, of not less than $250 nor more than $500 for each day or part thereof during which such violation continues and, in addition, shall pay all costs and expenses incurred by the Village in determining such violation. For any subsequent offense within a twelve-month period, the fine shall be not less than $500 nor more than $1,000. Each and every day that any such violation continues shall constitute a separate offense. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Village.
[Amended 10-15-2012 by L.L. No. 6-2013]
E. 
An action or proceeding may be instituted in the name of the Village, 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, Chapter 224, Zoning, any other chapter of the Code of the Village of Irvington, or any term or condition of any building permit, special permit, variance, site development plan approval or other approval issued by the Planning Board, certificate of occupancy or certificate of compliance, 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 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, the Code of the Village of Irvington, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code, this chapter or the Code of the Village of Irvington, an action or proceeding may be commenced in the name of the Village, 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 Board of Trustees of the Village.
[Amended 10-15-2012 by L.L. No. 6-2013]
F. 
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 § 95-6, Stop-work orders, 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 § 95-6, Stop-work orders, 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.

§ 95-13 Fees.

A fee schedule shall be established by resolution of the Board of Trustees of the Village. Such fee schedule may thereafter be amended from time to time by the Board of Trustees by resolution in Chapter 114 of the Code of the Village of Irvington. 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, certificates of occupancy or certificates of compliance, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter.

§ 95-14 Intermunicipal agreements.

The Board of Trustees of the Village may, by resolution, authorize the Village Administrator of the Village to enter into an agreement, in the name of the Village, with other governments to carry out the terms of this chapter, 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.

§ 95-15 No liability for damages.

This chapter shall not be construed to hold the Village responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or any permit or certificate issued as herein provided.

§ 95-16 Partial invalidity.

If any section of this chapter 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 chapter.

§ 95-17 Construction with other ordinances.

A. 
Whenever any provision of this chapter differs from the New York State Uniform Fire Prevention and Building Code or the State Energy Conservation Construction Code, the provision that is the more restrictive or imposes a higher standard shall govern.
B. 
This chapter shall not repeal or vary the provision of the Zoning Ordinance of 1958 or any amendment thereto.[1]
[1]
Editor's Note: See Ch. 224, Zoning.

§ 95-18 When effective.

This chapter shall take effect immediately upon filing in the office of the New York State Secretary of State.