Except as permitted by the Board of Appeals pursuant to §
295-146, no commission, board, agency, officer or employee of the Village shall approve, grant or issue any permit, license, certificate or other authorization for construction, reconstruction, alteration, renovation, demolition, enlargement, moving or removing of any building or structure, or for any use of land, building or structure, that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
[Amended 6-3-2008 by L.L. No. 7-2008; 8-5-2008 by L.L. No.
24-2008; 11-16-2010 by L.L. No. 8-2010]
A. No person shall construct, reconstruct, alter, renovate,
demolish, enlarge, move or remove any building, structure or driveway,
or any portion of any building, structure or driveway, or pave any
portion of a lot without a building permit, nor shall any person occupy
or use any building, structure or premises, or any portion of any
building, structure or premises, hereafter constructed, reconstructed,
altered, renovated, demolished, enlarged, moved or removed, without
a certificate of occupancy or a certificate of completion. Notwithstanding
the above, a building permit shall not be required to repair or repave
a driveway, so long as the dimensions of the driveway are not being
altered.
B. Except where the Board of Appeals granted a variance pursuant to §
295-146, no building permit, certificate of completion or certificate of occupancy shall be issued for any building, structure, driveway, paving or premises where the construction, reconstruction, alteration, demolition, renovation, enlargement, moving, removing, use or occupation thereof would be in violation of any of the provisions of this chapter.
C. No building permit, certificate of completion or certificate
of occupancy shall be issued unless the proposed and completed work
is in substantial conformance with the New York State Uniform Fire
Prevention and Building Code and the State Energy Conservation Construction
Code.
D. No building permit, certificate of completion or certificate
of occupancy shall be issued until the applicant has complied with
all of the provisions of this chapter, including, without limitation,
obtaining any approvals required by this chapter from the Planning
Board, the Board of Appeals, the Architectural Review Board, and the
Board of Trustees and complying with any conditions to which those
approvals are subject.
E. Any person who fails to apply for a building permit,
certificate of completion or certificate of occupancy as required
by and in accordance with this chapter and who proceeds to construct,
reconstruct, alter, renovate, demolish, enlarge, move or remove a
building, structure or driveway or any part thereof, or who proceeds
to occupy or use such a building, or structure or driveway or a part
thereof, or who paves any portion of the lot, or who proceeds to occupy
or use or change the use of land, shall be in violation of this chapter.
[Added 6-3-2008 by L.L. No. 7-2008]
A. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector, the Fire Inspector, or their designees. The permit holder shall notify the Building Inspector when any element of work described in Subsection
B of this section is ready for inspection.
B. The Building Inspector, Fire Inspector, or their designees
shall inspect the following elements of the construction process where
applicable:
(1)
Work site prior to the issuance of a building
permit;
(3)
Preparation for concrete slab;
(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)
Compliance with the State Energy Conservation
Construction Code; 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 where the work fails to comply with this chapter,
the New York State Uniform Fire Prevention and Building Code or the
State Energy Conservation Construction Code. Work not in compliance
with any applicable provision of this chapter, the Uniform Code or
Energy Code shall remain exposed until such work shall have been brought
into compliance with all applicable provisions of such code, reinspected,
and found satisfactory as completed.
[Added 6-3-2008 by L.L. No. 7-2008]
A. The Building Inspector and Fire Inspector are 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 Building
Inspector or the Fire Inspector to be contrary to any applicable provision
of this chapter, the New York State Uniform Fire Prevention and Building
Code, the State Energy Conservation Construction Code, or any other
applicable state or local law, 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
(2)
Any work that is being conducted in a dangerous
or unsafe manner in the opinion of the Building Inspector or Fire
Inspector, 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 be in writing, be dated and
signed by the Building Inspector or Fire Inspector, state the reason
or reasons for issuance, and if applicable, state the conditions that
must be satisfied before work will be permitted to resume.
C. The Building Inspector or Fire Inspector 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, the permit
holder, or the person responsible for the work at the job site. The
Building Inspector or Fire Inspector shall be permitted, but not required,
to cause the stop-work 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 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 that 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 this chapter or under any other applicable local law or New York 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.
[Amended 2-1-2005 by L.L. No. 2-2005; 6-3-2008 by L.L. No. 7-2008]
A. Requirement of certificate of occupancy or certificate
of completion; effect.
[Amended 11-16-2010 by L.L. No. 8-2010]
(1) A
certificate of occupancy shall be deemed to authorize, and is required
for, initial, continued and changed occupancy and use of the building,
structure or land to which it applies.
(2) A
certificate of occupancy or a certificate of completion shall be required
for any work that is the subject of a building permit or that requires
Architectural Review Board approval.
(3) The
certificate of occupancy or certificate of completion shall continue
in effect as long as the building, structure or land, and the use
thereof, remain in full compliance with this chapter; with the requirements
and conditions of any site plan approvals, variances, special use
permits, and Architectural Review Board approvals; and with all the
other applicable laws, including, without limitation, any applicable
building, plumbing and electrical codes.
(4) Upon
the service of notice by the Building Inspector that any building,
structure or land, or any use thereof, violates the provisions of
this chapter or any other applicable law, including the New York State
Uniform Fire Prevention and Building Code and the State Energy Conservation
Construction Code, the certificate of occupancy or certificate of
completion for that building, structure, land or use shall immediately
become null and void.
B. Applications. All applications for certificates of occupancy and certificates of completion shall comply with the requirements of this chapter, the New York State Uniform Fire Prevention and Building Code, and the State Energy Conservation Construction Code, shall be made in writing on official Village forms and shall be filed with the Village Manager, and shall be accompanied by a fee in an amount set by the Board of Trustees pursuant to §
295-152 of this chapter.
C. Action on the application.
(1)
Within 10 business days after an application
for a certificate of occupancy or certificate of completion has been
filed, the Building Inspector shall make all inspections necessary
to ensure that the building, structure, premises or use for which
the certificate is sought complies with this chapter, the New York
State Uniform Fire Prevention and Building Code, the State Energy
Conservation Construction Code, and all other applicable chapters
of the Hastings-on-Hudson Code.
(2)
Within five business days after the Building
Inspector has completed those inspections, the Village Manager shall
either issue the certificate of occupancy or certificate of completion
or deny the application and shall forthwith notify the applicant,
in writing, of the Village Manager's decision. That notification shall
either be delivered personally or sent by certified mail, return receipt
requested, or any other method of delivery providing proof of delivery.
(3)
If the application is denied, the Village Manager
shall state, in writing, the reasons for the denial.
(4)
If the certificate of occupancy or certificate
of completion is issued, it shall state that the building, structure
or premises, or the relevant part thereof, and the proposed use thereof
are in complete conformity with this chapter, the New York State Uniform
Fire Prevention and Building Code, the State Energy Conservation Construction
Code, and all other applicable laws the enforcement of which the Village
is charged with.
D. Pending violations. Certificates of occupancy shall
not be issued with regard to any building, structure or premises against
which there are pending violations of this chapter or of the applicable
building codes.
E. Temporary certificates. Under such rules and regulations as may be established by the Board of Trustees, a temporary certificate of occupancy may be issued by the Village Manager for part of a building for a stated period, not to exceed six months, except as provided in §
295-51 above. In no event, however, shall a temporary certificate of occupancy be issued 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 protection equipment that has
been installed is operational; and
(3)
That all required means of egress from the building
or structure have been provided.
F. If it is determined that a certificate of completion,
certificate of occupancy or temporary certificate of occupancy was
issued in error or that it was issued on the basis of incorrect, inaccurate
or incomplete information, or for any other reason, 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
Village Manager, the Village Manager shall revoke or suspend such
certificate.