[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 5-6-1991 by L.L. No. 5-1991. Amendments noted where applicable.]
Unsafe buildings — See Ch. 105.
Outdoor burning — See Ch. 109.
Electrical standards — See Ch. 139.
Environmental quality review — See Ch. 147.
Excavations — See Ch. 151.
Fire prevention — See Ch. 165.
Flood damage prevention — See Ch. 169.
Sewers — See Ch. 243.
Subdivision of land — See Ch. 263.
Water — See Ch. 297.
Zoning — See Ch. 305.
This chapter shall provide for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code) in the Village of Tarrytown. This chapter is adopted pursuant to § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided within this chapter or within the Uniform Code, all premises, regardless of use, are subject to the provisions which follow.
The words and terms used in this chapter shall have the same meanings as those contained in Executive Law Article 18, as added by Chapter 707 of the Laws of 1981, unless the context may otherwise require.
There is hereby created the appointive office of Code Enforcement Officer. The Code Enforcement Officer shall be appointed by the Board of Trustees at a compensation to be fixed by it.
The Code Enforcement Officer shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code. The Code Enforcement Officer may promulgate rules and regulations, subject to the approval of the Board of Trustees, to secure the intent of this chapter and the Uniform Code. Such rules and regulations shall be published at least 10 days prior to their effective date. The specific duties of the Code Enforcement Officer shall be to:
Receive applications and such fees as may be established by the Board of Trustees.
Approve or deny plans and specifications within 60 days, in writing, and issue permits for the erection and alteration of buildings or structures or parts thereof.
Inspect the premises for which such applications have been received, plans approved or such permits issued.
Approve or deny applications for certificates of occupancy or certificates of compliance within 30 days after application therefor.
Conduct periodic inspections as required by the Uniform Code.
Maintain all records on file in the office of the Code Enforcement Officer, consisting of applications, permits, denials, inspection reports, recommendations, complaints, violation orders, certificates of occupancy, certificates of compliance, correspondence and proof of payment of required fees.
Issue, in writing, all appropriate notices or orders to remove illegal or unsafe conditions.
Require the necessary safeguards during the entire course of construction or demolition.
Serve notices and orders upon a property owner or the owner's agent personally or by certified mail or by posting them conspicuously on the premises to which the notice or order applies.
It shall be unlawful to erect, construct, enlarge, alter, improve, remove, demolish or use any building or structure or portion thereof in violation of any provision of law, as well as any regulation or rule of the municipality, or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Officer or to commence the erection, construction, enlargement, alteration, improvement, removal, demolition or use of any building or structure or the installation of heating equipment without having applied for and obtained a permit. However, no 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.
Any person who shall fail to comply with a written order of the Code Enforcement Officer within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Code Enforcement Officer made thereunder shall be subject to the penalty provided in Chapter 1, General Provisions, Article II. Each day that a violation continues shall be deemed a separate offense.
Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.
Requirements. A completed application for a building permit must include:
The full name and address of the owner and of the applicant and, if either shall be a corporation, the names and addresses of their responsible officers.
A description of the site on which the proposed work is to be done.
A statement of the use and occupancy of all parts of the proposed building or structure.
A brief description of the proposed activity.
The fair market cost of the proposed work, with appropriate substantiation.
Such other information as may reasonably be required by the Code Enforcement Officer to establish compliance of the proposed work with the requirements of the applicable building laws, rules and regulations.
The signature of the owner or authorized agent.
Each application for a building permit shall be accompanied by three sets of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, the distance from lot lines and to structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Code Enforcement Officer, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by §§ 7209 and 7307, as amended, of Articles 145 and 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. The Code Enforcement Officer may waive the requirements for filing plans and specifications for minor alterations and issue a building permit so stating.
Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Code Enforcement Officer, and approval shall be received from the Code Enforcement Officer prior to the commencement of such change of work.
Display. The building permit and plans must be located on the building premises or property and available for inspection at all times by the Code Enforcement Officer.
Expiration. A building permit issued pursuant to this chapter shall expire one year from the date of issuance. The permit may, on written request, be renewed for two successive six-month periods.
[Added 3-20-2006 by L.L. No. 5-2006]
Except for residential structures that have been damaged by fire or storm and pose an imminent threat to health and safety, no demolition permit shall be issued involving a residential structure unless the applicant for said permit has an approved site plan for the construction being proposed and he/she has obtained a building permit for the new construction pursuant to § 97-6 of this chapter.
[Amended 9-18-2006 by L.L. No. 13-2006]
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Inspector:
Occupancy and use of a building hereafter erected, structurally altered or moved or any change in the use of an existing building.
Occupancy, use or any change in the use of any land.
Occupancy or use after sale or transfer of any improved real property, including a condominium. Upon sale or transfer of any such real property, an updated certificate of occupancy, issued no earlier than 30 days before closing, shall be required before the premises may by used or occupied. It shall be the obligation of the seller to apply for and obtain the updated certificate of occupancy unless the parties agree otherwise in their contract of sale.
Existing floor layout plans of all levels (including the basement) must be submitted to the Building Department by a licensed engineer or architect in a scale not less than 1/4 inch equals one foot, zero inches, indicating size and use of all rooms. Dimensions should include all space inside exterior walls or party walls.
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 in six months, but it may be renewed an indefinite number of times.
Work for which a building permit is in effect shall be inspected for approval prior to enclosing or covering each stage of construction, including building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the applicant to inform the Code Enforcement Officer that the work is ready for inspection.
Existing buildings not subject to inspection under Subsection A shall be subject to periodic inspections for compliance with the Uniform Code. Notwithstanding any requirement of this section to the contrary, no regular, periodic inspections of occupied dwelling units shall be required. 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 the public health, safety or welfare.
A permit for installation of a solid-fuel-burning heating appliance, chimney and flue in any dwelling unit shall be obtained as provided in § 97-6. If the enforcement official, after inspection, determines that the installation is in compliance with the Uniform Code, he shall issue a certificate of compliance on a form to be prescribed by resolution of the Board of Trustees. A violation of this section and of Subdivision 5 of § 378 of the Executive Law shall be punishable as provided in Chapter 1, General Provisions, Article II.
[Added 10-6-2008 by L.L. No. 15-2008]
Where required. Prior to the issuance of a building permit for any commercial building, where access to or within a commercial building is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the Code Enforcement Official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the Code Enforcement Official.
Locks. An approved lock shall be installed on gates or similar barriers when required by the Code Enforcement Official.
Key box maintenance. The operator of the building shall immediately notify the Code Enforcement Official and provide the new key when a lock is changed or rekeyed. The key to such lock shall be secured in the key box.