[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 6-26-1984 by L.L. No. 9-1984; amended in its entirety 1-23-2007 by Ord. No. 3-2007. Subsequent amendments noted where applicable.]
Code enforcement — See Ch. 16.
Professional fees — See Ch. 47.
Certificates of occupancy — See Ch. 100.
Electrical installations — See Ch. 113.
Erosion and sediment control — See Ch. 118.
Excavations and topsoil removal — See Ch. 121.
Flood damage prevention — See Ch. 130.
Numbering of properties — See Ch. 160.
Planning Board — See Ch. 179.
Plumbing — See Ch. 180.
Rooming, lodging and boarding houses — See Ch. 192.
Site plan review — See Ch. 209.
Steep slope protection — See Ch. 213.
Stop-work orders — See Ch. 214.
Stormwater management — See Ch. 217.
Subdivision of land — See Ch. 219.
Unsafe buildings — See Ch. 237.
Zoning — See Ch. 250.
The Village of Rye Brook is governed by the New York State Uniform Fire Prevention and Building Code.
[Added 11-29-2018 by L.L. No. 1-2019]
As used in this chapter, the following terms shall have the meanings indicated:
- BUILDING PERMIT
- A permit issued pursuant to § 91-2 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
- FIRE SAFETY CERTIFICATE
- A certificate issued in recognition of having successfully completed the required fire safety and property maintenance inspection pursuant to § 91-4B.
- FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
- The Building Inspector, or his or her designee, is authorized to perform fire safety and property maintenance inspections pursuant to § 91-4 to determine whether the building or structure complies with the requirements of the Uniform Code and the Village Code.
- OPERATING PERMIT
- A permit issued pursuant to § 91-4 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
- PLACE OF PUBLIC ASSEMBLY
- The use of a building or structure, or a portion thereof, for the gathering together of persons for purposes such as civic, social or religious functions, recreation, food or drink consumption or awaiting transportation.
- UNIFORM CODE
- The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
[Amended 7-12-2016 by L.L. No. 5-2016]
No person shall erect, enlarge or structurally alter any building, building system, or other structure, or perform nonstructural alterations where permits are required due to the Uniform Fire Prevention and Building Code or as otherwise provided in the Code of the Village of Rye Brook, within the Village of Rye Brook without first obtaining a building permit. "Building systems" shall be defined as including, but not limited to, fuel-fired appliances and heating systems, emergency and standby power systems, electrical systems and equipment, plumbing systems and equipment, mechanical refrigeration systems, elevator recall, stationary lead-acid battery systems and commercial kitchen hoods. A building permit will be issued only to the owner(s) of record of the affected real property. The building permit application must be signed by the owner(s) of record.
[Amended 6-27-2017 by L.L. No. 7-2017; 7-30-2018 by L.L. No. 8-2018]
One-story detached shed. A "shed" shall be defined as a one-story detached accessory structure which is used for tools and/or storage and includes playhouses and shall be exempt from the building permit process. Only one shed is allowed per lot, and such shed may not be placed in the front yard, regardless of size. The setback for a shed up to eight feet in height as measured from the average grade around the shed to the highest point shall be five feet. The setback for a shed exceeding eight feet in height but not exceeding 10 feet in height, measured in the same manner, shall be seven feet. Any shed that requires a building permit shall be subject to the setback rules for accessory structures as set forth in § 250-6. A property owner will be required to prove that the shed satisfies the setback requirements if an objection is made to or by the Village. A building permit shall not be required to erect or install a shed, provided it meets the following requirements:
The total square footage does not exceed 120 square feet;
The height does not exceed 10 feet as measured from the average grade around the shed to the highest point;
The shed is not placed upon a poured concrete or asphalt foundation;
The shed does not have any plumbing or sanitary facilities.
A building permit shall expire six months after its date of issuance if construction has not commenced. If construction has commenced within the six-month period set forth in this subsection, the building permit shall expire 12 months after its date of issuance if all of the proposed work has not been completed or a temporary certificate of occupancy or certificate of occupancy has not been issued. Construction shall be deemed to have commenced when significant construction work on the project, as described in the building permit, has been performed. The Building Inspector shall have the authority to determine whether construction has commenced, and his or her decision shall be final.
The Building Inspector shall have the authority to extend the period during which all of the proposed work pursuant to a validly issued building permit must be completed, or the period during which a temporary certificate of occupancy or certificate of occupancy may be issued, for up to two six-month periods upon good cause shown, as determined by the Building Inspector, so long as construction was commenced within six months of the date of issuance of the validly issued building permit.
As to any building permits issued prior to the effective date of this section, the date of issuance for such building permit(s) shall be deemed to be the effective date of this section. In accordance with such, all building permits issued prior to the effective date of this section for which construction has not commenced shall expire six months after the effective date of this section. If construction has commenced within six months, then said building permits shall expire 12 months from the date this section became effective.
All construction shall be performed in accordance with all approved plans and land use approvals, any approved amendments thereto and field changes authorized and approved by the Building Inspector, the Village Engineer, or their designee.
[Added 11-29-2018 by L.L. No. 1-2019]
A building permit application that is dormant or otherwise inactive shall be deemed abandoned 12 months after the date of its submission to the Building Department.
The Building Inspector of the Village of Rye Brook is hereby designated as Chief Enforcement Officer for the Village of Rye Brook pursuant to the New York State Uniform Fire Prevention and Building Code. The Board of Trustees may, by resolution, designate additional enforcement officers.
Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Building Inspector, or his duly authorized designee, shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code, any regulations promulgated thereunder and any rules and regulations adopted by the Village of Rye Brook applicable to construction, alteration, removal and demolition of buildings and structures, including electrical, plumbing and drainage work therein and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.
Prior to the issuance of a certificate of occupancy or certificate of compliance, the Building Inspector, or his duly authorized designee, shall have the right, for reasons of public health, or safety, at any reasonable hour, upon the showing of proper credentials and in the discharge of his duties, to enter upon any building, structure or premises for which an application for a building permit has been filed or a building permit has been issued; and no person or animal shall interfere with or prevent such entry. The application for a building permit shall be conclusively deemed consent to the aforementioned.
The Building Inspector, or his duly authorized designee, shall, on complaint or other information, examine a premises, including, but not limited to, existing and completed buildings and structures; buildings and structures under construction; and front, side and back yards; and shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during the construction and to ensure compliance during the entire course of construction with the requirements of applicable laws, codes, ordinances or regulations. The Building Inspector, or his authorized designee, shall make all inspections which are necessary or proper for the carrying out of duties, except as he may accept written reports and certifications of inspection from others.
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all valid, unexpired applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by the municipality and notices and orders issued.
The Building Inspector or his duly authorized designee shall examine or cause to be examined all applications for permits which have been filed with the Building Department on prescribed application forms and accompanied by plans, specifications and documents required therewith which are to be in compliance with the New York State Uniform Fire Prevention and Building Code and other applicable requirements of the Village Code. Except for structures or alterations deemed insubstantial by the Building Inspector or his designee, all plans and specifications submitted by an applicant shall have been prepared, signed and sealed by an architect or engineer registered to practice pursuant to New York State Education Law, and the Building Inspector or his designee shall approve or disapprove the application within a reasonable time, or refer the application to the appropriate board for such approval.
All applications for exterior building permits, as required by § 91-2, shall contain, if deemed necessary by the Building Inspector:
A properly completed, executed and notarized application for a building permit.
Deed with all covenants, restrictions and easements.
A current property survey; such survey shall be certified by a New York State licensed land surveyor.
[Amended 11-29-2018 by L.L. No. 1-2019]
A preliminary site plan, in accordance with the requirements of Chapter 209, and showing, at a minimum, the existing building or structure, metes and bounds, the proposed work, a chart setting forth the required zoning requirements and the proposed zoning information or any other information the Building Inspector deems necessary.
Drawings, one full size set, 36 inches by 42 inches, and two copies of the drawings, 11 inches by 17 inches, signed and sealed by the professional of record.
[Amended 11-29-2018 by L.L. No. 1-2019]
Application fee as set forth in the License and Permit Fee Schedule on file in the Village Clerk's office.
Photographs (one of each side of house, and from the perspective of the proposed work to any neighbors) labeled with the owner's name, address, section, block and lot, with date, showing the house and/or property prior to work.
Any additional information the Building Inspector requires as necessary for the proper consideration of the permit.
All application materials shall be submitted in electronic file format acceptable to the Building Department in addition to at least one original signed application form and an original of all other application materials, or such other format or amount as determined by the Building Department. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical infeasibility.
[Added 10-28-2014 by L.L. No. 9-2014; amended 11-29-2018 by L.L. No. 1-2019]
[Added 11-29-2018 by L.L. No. 1-2019]
Operating permits required. Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 5003.1.1(1), (2), (3), and (4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
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;
Use of pyrotechnic devices in assembly occupancies;
Buildings containing one or more areas of public assembly with an occupant load of 100 or more; and
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 this Village.
Fire safety and property maintenance inspections required.
A fire safety and property maintenance inspection, conducted by the Building Department, must be performed prior to the issuance or renewal of any operating permit.
Buildings or structures which contain an area of public assembly, regardless of occupancy, shall be subject to a fire safety and property maintenance inspection at least once every 12 months.
Buildings or structures being occupied as dormitories shall be subject to a fire safety and property maintenance inspection at least once every 12 months.
OFPC inspections. Nothing in this section or in any other provision of this article shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b.
Applications for operating permits/fire safety and property maintenance inspections.
An application for an operating permit/fire safety and property maintenance inspection, or for any renewal thereof, shall be in writing upon a form to be furnished by the Building Department.
The application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities materials, and activities conform to the requirements of the Uniform Code. If the Building Inspector 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 Building Inspector, at the expense of the applicant.
Before issuing any operating permit or fire inspection certificate, the Building Inspector shall make all necessary investigations to ascertain that the building complies with all state, county and other applicable laws.
Duration of operating permit/fire inspection certificate.
Operating permits shall be issued for a period of time not to exceed one year.
The effective period of each operating permit/fire inspection certificate shall be specified on the operating permit or on the fire inspection certificate.
An operating permit/fire inspection certificate may be reissued or renewed upon application to the Building Inspector, payment of the applicable fee, reapproval of such application by the Building Inspector, and successful completion of the fire safety and property maintenance inspection.
The fire safety and property maintenance inspection must be scheduled at least 30 days prior to the expiration date listed on the operating permit or fire inspection certificate. It shall be the responsibility of the property owner to schedule the required fire safety and property maintenance inspection. The Building Inspector may suspend the operating permit if any owner of a building or structure subject to the provisions of this section fails to schedule the required fire safety and property maintenance inspection until such fire safety and property maintenance inspection is successfully completed.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may issue a single operating permit to apply to all such activities.
All operating permits concerning places of public assembly shall state the number of people who may safely occupy the premises.
All operating permits and/or fire safety certificates shall be displayed in a prominent location as directed and approved by the Building Inspector, or his or her designees.
Revocation or suspension of operating permits. If the Building Inspector determines that any activity or building for which an operating permit was issued does not comply with any applicable state, county and local law or regulation, such operating permit may be revoked or suspended where the offending condition is not corrected within the time specified by the Building Inspector.
The fees for permits shall be determined by resolution of the Board of Trustees. The current fee schedule is on file in the Village Clerk's office. The fees for permits may vary with the nature of the building and with the number of people that may occupy the building.
The fees to be charged for applications and inspections provided by the New York State Uniform Fire Prevention and Building Code may be established by resolution of the Board of Trustees. The current License and Fee Schedule is on file in the Village Clerk's office.
The enforcement officials shall include in their records such information as the number and category of inspections conducted the preceding year; the number of violations and abatements thereof; the number and type of permits and certificates issued and recommendations from the administration's enforcement of the Uniform Code. The Board of Trustees shall be authorized to prescribe specific regulations and reporting requirements by resolution.
Except as otherwise provided in § 91.3.1B, the Building Inspector, Code Enforcement Officer and Director of Public Works of the Village of Rye Brook or their duly authorized designee shall be authorized, in the performance of their duties, to conduct inspections of premises or parts of premises at such times and in such manner as such official may find convenient or necessary, with the consent of the person in possession or occupancy.
If admission is refused or cannot be obtained from the person in possession or occupancy, such official shall be authorized to obtain a warrant to make an inspection, provided that reasonable or probable cause is shown.
In the case of an emergency, such official may, without a warrant, enter any premises or parts of premises to inspect the same, at any time, without the permission of the person in possession or occupancy
This chapter shall not be construed to hold any official of the Village responsible for any damages to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect as required by any permits under this chapter, nor shall be or she be liable for any damage to persons or property by reason of the Building Inspector's exercising his discretion as provided in this chapter.
Any applicant, owner, lessee, tenant, occupant or builder or an agent of any of the above who violates or who is an accessory to the violation of the provisions of this chapter shall be guilty of a misdemeanor under the Penal Law and, upon conviction thereof, shall be punishable for each offense by a minimum fine of $250, such fine shall not exceed $1,000; or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each day, or part thereof, of such violation shall constitute a separate offense, punishable by like fine or penalty as herein set forth. Violations shall be prosecuted and penalties collected in the manner prescribed by law effective in the Village of Rye Brook.
The Building Inspector or Code Enforcement Officer(s) shall enforce the provisions of this chapter. The Building Inspector or Code Enforcement Officer may cause any place, premises or work to be inspected or examined, order the cessation of any work when any condition is found to violate this chapter and order the remedy of any such condition. The Village Administrator, Building Inspector, Code Enforcement Officer(s) or Board of Trustees may institute an action or proceeding to enforce the provisions of this chapter. In addition to any civil or criminal penalties or other penalties as may be provided by law, a violation of this chapter may be enforced by such other relief as is available in a court of competent jurisdiction. The Board of Trustees, Village Administrator, Building Inspector and Code Enforcement Officer(s) shall be empowered to maintain an action in the name of the Village for such purpose.