A.
Required. A certificate of occupancy shall be required
for any work which is the subject of a building permit. 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.
B.
Change of use. No change shall be made in the use
or type of occupancy of an existing building, structures or portions
thereof unless a certificate of occupancy authorizing such change
shall have been issued by the Building Inspector.
C.
Application. The owner or his or her agent shall make
application for a certificate of occupancy. If applicable, accompanying
this application and before the issuance of a certificate of occupancy,
there shall be filed with the Building Inspector an affidavit of the
registered architect or licensed professional engineer who filed the
original plans or of the registered architect or licensed professional
engineer who supervised the construction of the work or of the superintendent
of construction who supervised the work and who, by reason of his
or her experience, is qualified to superintend the work for which
the certificate of occupancy is sought. This affidavit shall state
that the deponent has examined the approved plans of the structure
for which a certificate of occupancy is sought, that the structure
has been erected in accordance with approved plans and, as erected,
complies with the law governing building construction except insofar
as variations therefrom have been legally authorized. Such variations
shall be specified in the affidavit. Such application shall also be
accompanied by a certificate of completion issued by the Westchester
County Health Department when a septic tank has been constructed;
a certificate of inspection issued by a certified electrical inspection
agency for all electrical work; an as-built survey of the property
signed by a licensed land surveyor; as well as all other required
certificates of completion from state, county or local agencies having
jurisdiction.
Before issuing a certificate of occupancy, the
Building Inspector shall examine or cause to be examined all buildings,
structures and 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 or she may conduct such inspections
as he or she deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued.
A.
When, after final inspection and payment of a fee
as set forth by resolution of the Village Board of Trustees in the
Master Fee Schedule, which may be amended from time to time, it is
found that the proposed work has been completed in accordance with
all applicable provisions of the Uniform Code, the Energy Code and
any applicable provisions of this Code, and, if applicable, that 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
and any applicable provisions of this Code the Building Inspector
shall issue a certificate of occupancy upon the form provided by him
or her. If it is found that the proposed work has not been properly
completed, the Building Inspector shall refuse to issue a certificate
of occupancy and shall order the work completed in conformity with
the building permit and in conformity with the applicable building
regulations. 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
Building Inspector, at the expense of the applicant for the certificate
of occupancy, shall be provided to the Building Inspector prior to
the issuance of the certificate of occupancy:
B.
Contents of certificate of occupancy. A certificate
of occupancy 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 is not applicable
to an entire structure, a description of that portion of the structure
for which the certificate of occupancy 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 Building Inspector and
the date of issuance of the certificate of occupancy.
C.
A certificate of occupancy shall be issued within
30 calendar days after determining that such application for a certificate
of occupancy complies with the applicable requirements of this Code
and the Codes of the State of New York.
D.
If the Building Inspector determines that a certificate
of occupancy was issued in error because of incorrect, inaccurate
or incomplete information, and if the relevant deficiencies are not
corrected to the satisfaction of the Building Inspector within such
period of time as shall be specified by the Building Inspector, the
Building Inspector shall revoke or suspend such certificate.
A.
Upon request and payment of a fee as set forth by
resolution of the Village Board of Trustees in the Master Fee Schedule,
which may be amended from time to time, the Building Inspector may
issue a temporary certificate of occupancy allowing the temporary
occupancy of a building or structure, or a portion thereof, prior
to completion of the work which is the subject of a building permit.
However, in no event shall the Building Inspector issue a temporary
certificate unless the Building Inspector 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 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. Such certificate may be issued for a period of
up to 60 days, or such longer period as the Building Inspector deems
necessary under the circumstances, and may be renewed upon the payment
of a second application fee as determined by the Building Inspector,
provided that such temporary occupancy or use would not jeopardize
health, life or property, but in no event shall the total period exceed
one year. 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.
B.
If the Building Inspector determines that a temporary
certificate was issued in error because of incorrect, inaccurate or
incomplete information, and if the relevant deficiencies are not corrected
to the satisfaction of the Building Inspector within such period of
time as shall be specified by the Building Inspector, the Building
Inspector shall revoke or suspend such certificate.
The chief of any fire department providing fire-fighting
services for a property within the Village shall promptly notify the
Building Inspector of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
A.
Requirements.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Tables 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;
(b)
Hazardous processes and activities, including,
but not limited to, commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Village.
B.
An application for an operating permit shall be in
writing on a form provided by or otherwise acceptable to the Building
Inspector. Such 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.
C.
The Building Inspector 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 Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Operating permits shall remain in effect until reissued,
renewed, revoked, or suspended.
F.
If the Building Inspector 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.
A.
Firesafety and property maintenance inspections of
buildings and structures shall be performed by the Building Inspector
or other code enforcement officer designated by the Building Inspector
at the following intervals:
(1)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly shall
be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this subsection, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this subsection, shall be performed at least once every 36 months.
B.
In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or other code enforcement officer designated by the Building Inspector at any time upon:
(1)
The request of the owner of the property to be inspected
or an authorized agent of such owner;
(2)
Receipt by the Building Inspector of a written statement
alleging that conditions or activities failing to comply with the
Uniform Code, the Energy Code or any applicable provisions of the
Village Code exist; or
(3)
Receipt by the Building Inspector of any other information,
reasonably believed by the Building Inspector to be reliable, giving
rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code, the Energy Code and any applicable
provisions of the Village Code exist; provided, however, that nothing
in this subsection shall be construed as permitting an inspection
under any circumstances under which a court order or warrant permitting
such inspection is required, unless such court order or warrant shall
have been obtained.
C.
Nothing in this section or in any other provision
of this chapter 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.
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,
any applicable provision of the Village Code or any other chapter
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:
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 this chapter;
C.
If appropriate, issuing a stop-work order;
D.
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 complainant,
the owner of the property, the Mayor and the Village Board of Trustees.
A.
There shall be a fee charged which shall accompany
each application for the issuance of building permits, amended building
permits, renewed building permits, certificates of occupancy, temporary
certificates of occupancy, renewed temporary certificates of occupancy,
operating permits, firesafety and property maintenance inspections,
demolition and blasting permits, plumbing permits, and other actions
of the Building Department described in or contemplated by this chapter.
Any such fee shall be as set forth by resolution of the Village Board
of Trustees in the Master Fee Schedule as same may be amended. The
fee for a renewed building permit may be waived by the Building Inspector
where the applicant is a municipal entity and the project includes
a demonstrated public purpose or benefit such as development of affordable
housing, environmental protection measures or traffic abatement.
[Amended 6-14-2021 by L.L. No. 4-2021]
B.
Building permits. The applicant shall receive from
the Building Inspector a statement as to the amount of the fee to
be paid, and the applicant shall deposit with the Building Inspector
such amount and shall receive from the Building Inspector a receipt
for such amount. Upon completion of the building, the applicant shall
file with the Building Inspector, on a form furnished by the Building
Inspector, an affidavit of cost of such building. The Building Inspector
shall determine the new fees in accordance with this section, and,
if such new fee is a larger amount, the applicant shall pay in the
manner prescribed in this section the difference between the fee so
determined and the fee originally paid.
C.
Appeals to Zoning Board of Appeals. In the event that
a permit shall be issued or in the event that an appeal shall be taken
to the Zoning Board of Appeals after the denial of the application
for a permit by the Building Inspector, the fee paid upon the filing
of the application for the permit shall be retained by the Village
and shall not be refunded.
