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.
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:
A. Receive applications and such fees as may be established
by the Board of Trustees.
B. 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.
C. Inspect the premises for which such applications have
been received, plans approved or such permits issued.
D. Approve or deny applications for certificates of occupancy
or certificates of compliance within 30 days after application therefor.
E. Conduct periodic inspections as required by the Uniform
Code.
F. 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.
G. Issue, in writing, all appropriate notices or orders
to remove illegal or unsafe conditions.
H. Require the necessary safeguards during the entire
course of construction or demolition.
I. 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.
[Added 3-20-2006 by L.L. No. 5-2006;
amended 6-15-2020 by L.L. No. 5-2020]
Except for 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 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]
A. The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Building
Inspector:
(1) Occupancy and use of a building hereafter erected,
structurally altered or moved or any change in the use of an existing
building.
(2) Occupancy, use or any change in the use of any land.
(3) 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.
B. 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.
C. 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.
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]
A. 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.
B. Locks. An approved lock shall be installed on gates
or similar barriers when required by the Code Enforcement Official.
C. 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.
[Added 4-4-2022 by L.L. No. 4-2022]
A. Notwithstanding
the procedures specified in this chapter, the Village of Tarrytown
hereby adopts the New York State Unified Solar Permit for the processing
and approval of eligible small-scale photovoltaic systems (25 kilowatts
or less).
B. The Building
Inspector is empowered to accept the New York State Unified Solar
Permit for small-scale photovoltaic systems (less than 25 kilowatts),
along with fees as may be established for the filing thereof, and
to issue building permits upon satisfactory review and approval of
same.