[HISTORY: Adopted by the Council of the City
of Rye 5-15-1963 by Ord. No. 3-1963; amended in its entirety 2-11-2009 by L.L. No.
1-2009. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any change, rearrangement or addition to a building other
than repairs; any modification in construction or in building equipment.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof affording shelter
to persons, animals or property.
The removal of an entire structure or pool.
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment with like or similar
materials or parts for the purpose of maintenance, preservation or
restoration of such building, structure, device or equipment.
Any addition to or alteration or modification of an existing
single- or two-family residence structure:
For which a valid certificate of occupancy exists
for all structures on the property;
Upon which property there are no open building
permits and no building permit or certificate of occupancy was issued
within the immediate past 12 months;
That:
Has a gross floor area of 300 square feet or
less where located in Zoning Districts R-1, R-2 and R-3 and 200 square
feet or less where located in all other zoning districts;
Does not create a second story if none previously
existed on the structure; and
Is less than 15% of the existing floor area
of the structure; and
That does not substantially change the appearance
visible from the street of any front or side facade or roof.
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
The Office of Building Inspector is hereby created
and shall be filled by an appointment by the City Manager. The Building
Inspector shall possess background experience related to building
construction or fire prevention and shall, within the time constraints
prescribed by law, obtain such training as the State of New York shall
required for code enforcement personnel.
A.
In the absence of the Building Inspector, or in the
case of his inability to act for any reason, the City Manager shall
have the power to designate a person to act on behalf of the Building
Inspector and to exercise all the powers conferred upon him by this
chapter.
B.
Fire Inspector. The Office of Fire Inspector is hereby
created and shall be filled by an appointment by the City Manager.
The Fire Inspector shall possess background experience related to
building construction or fire prevention and shall, within the time
constraints prescribed by law, obtain such training as the State of
New York shall require for fire code enforcement personnel.
The City Manager may appoint one or more subordinates,
as the need may appear, to act under the supervision and direction
of the Building Inspector and to exercise any portion of the powers
and duties of the Building Inspector as directed by him.
No officer or employee of the Department of
Buildings shall engage in any activity inconsistent with his duties
or with the interest of such Department; nor shall he, during the
term of his employment, be engaged directly or indirectly in any building
business; in the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building or the preparation
of plans or specifications thereof within the City of Rye, except
that this provision shall not prohibit any employee from such activities
in connection with the construction of a building or structure owned
by him and not constructed for sale.
The compensation for the Building Inspector,
acting Building Inspector(s), Fire Inspector and subordinates shall
be fixed and adjusted as needed by the City Manager.
The Building Inspector shall administer and
enforce all the provisions of the Uniform Code and the provisions
of this chapter, including receiving building permit applications;
reviewing plans and specifications; conducting inspections; issuing
permits for the erection, alteration, relocation, addition, repair
and/or demolition of buildings and structures; issuing certificates
of occupancy; collecting fees as set forth by the City Council and
maintaining and filing all records necessary for the administration
of the office to the satisfaction of the City Council. The Building
Inspector is authorized to pursue administrative actions and, in consultation
with the Corporation Counsel, legal action as necessary to abate conditions
not in compliance with the Uniform Code, this chapter or other laws,
rules or regulations of the City of Rye or of the State of New York.
A.
Except as hereinafter provided, no person, firm, corporation,
association or partnership shall commence the construction, enlargement,
alteration, improvement, removal, relocation or demolition of any
building or structure or any portion thereof, or install a solid-fuel-burning
heating appliance, chimney or flue in any dwelling unit without first
having obtained a permit from the Building Department. Other examples
of buildings, structures and activities requiring the issuance of
a building permit are:
(1)
Erection of a deck or open porch or the expansion
of decks or porches.
(2)
Window, door or other changes that increase the thermal
conductivity.
(3)
The installation of solid-fuel devices, fireplaces
and stoves.
(4)
Placing a roof over a deck, a terrace or entry door.
(5)
Finishing or making improvements in a basement or
cellar to provide recreation space, living area, or toilet.
(6)
Finishing attic space for any type of occupancy.
(7)
Changing exits or reducing required natural light
or ventilation.
(8)
Erection of lawn storage buildings, with or without
foundations, if any dimension is eight feet or larger.
(9)
Erection of any type of in-ground/aboveground receptacle
for water where the depth exceeds 24 inches.
(10)
Public or private utility structures.
(11)
Changes in use or occupancy.
(12)
Tennis courts and other recreational facilities.
(13)
Retaining walls of four feet in height measured along
the face of the wall.
(14)
Freestanding walls of four feet in height, measured
from grade.
B.
No permit shall be required for:
(1)
Necessary repairs which do not materially affect structural
features;
(2)
Alterations to existing buildings, provided that the
alterations:
(a)
Do not materially affect structure features;
and
(b)
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits; and
(c)
Do not involve the installation or extension
of electrical systems; and
(d)
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys and flues.
(3)
Residential storage sheds where all dimensions are
less than eight feet which are not intended for use by one or more
persons as quarters for living, sleeping, eating or cooking; for example,
a small storage building.
(4)
Nonresidential farm buildings, including barns, sheds,
poultry houses and other buildings used directly and solely for agricultural
purposes.
(5)
Retaining walls less than four feet in height and
terraces (may be subject to other permit requirements).
(6)
Interior decorations that do not involve structural
changes, including light, ventilation or systems alterations, such
as changing kitchen cabinets, closet alterations or bath modernization,
provided that plumbing is not moved and replacement is performed by
a licensed plumber.
(7)
Exterior improvements that do not materially change
the appearance of the building and are not structural in nature, including
resurfacing deteriorated walls and replacing windows and doors.
(8)
Adding a new roof covering, provided that the resulting
dead load does not exceed the design capacity of the roof framing.
(9)
Painting.
(10)
Any structure not intended to be occupied that will
not be above the surface of the ground.
C.
Application for a permit.
(1)
The application for a building or demolition permit,
and its accompanying documents, shall contain sufficient information
to permit a determination that the intended work accords with the
requirements of all local, county, and state building codes.
(2)
The form of the permit and application therefor shall
be prescribed by the Building Inspector. The application shall be
signed by the owner (or his authorized agent) of the building and
shall contain at least the following:
(a)
Full name and address of the owner and, if by
a corporation, the name and address of the responsible officials;
(b)
Identification and/or description of the land
on which the work is to be done;
(c)
Description of use or occupancy of the land
and existing or proposed building;
(d)
Description of the proposed work;
(e)
Four sets of plans and specifications for the
proposed work, including a site plan, drawn to scale, showing the
location and size of all proposed new construction, showing the first
floor elevation with respect to mean sea level, and all existing structures
on site. If necessary, the Building Inspector may require details
of structural, mechanical and electrical work;
(f)
The information provided on the site plan shall
be based on a survey prepared within the last two years of the submission
date. A copy of the survey must be submitted along with the site plan.
(g)
The required fee; and
(h)
Such other information as may reasonably be
required by the Building Inspector to establish compliance of the
proposed work with the requirements of the applicable building laws,
ordinances and regulations.
(3)
Applicant shall notify the Building Inspector of any
changes in the information contained in the application during the
period for which the permit is in effect. A permit will be issued
when the application has been determined to be complete and when the
proposed work has been determined to conform to the requirements of
all local, county, and state building codes. The authority conferred
by such permit may be limited by conditions, if any, contained therein.
Amendments, if any, to the application or to the plans and specifications
accompanying the same shall be filed with the Building Inspector and
approval shall be received from the Building Inspector and/or Board
of Architectural Review prior to the commencement of such change of
work.
(4)
Plans and specifications shall bear the signature
of the person responsible for the design and drawings and, where required
by § 7302 of the New York State Education Law, the seal
of a licensed architect or a licensed professional engineer.
(5)
The Building Inspector may waive the requirement for
filing plans and specifications for minor alterations.
D.
General requirements.
(1)
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed herewith. He shall approve or disapprove the application
within a reasonable time. Such applications may only be approved by
the Building Inspector. Any building or demolition permit issued pursuant
to this chapter shall be prominently displayed on the property or
premises to which it pertains.
(2)
Upon approval of a building permit application and if the Board of Architectural Review shall approve or fail to act on such application within the time specified in Chapter 53 of the Rye City Code, the Building Inspector shall approve the issuance of a building permit to the applicant upon the form prescribed by him. Upon approval of the application, the plans and specifications shall be endorsed with the word "approved" and shall be initialed by the Building Inspector. One set of such approved plans and specifications shall be retained in the files of the Building Department and the other sets shall be returned to the applicant together with the building permit.
(3)
The issuance of a building or demolition permit shall
constitute authority to the applicant to proceed with the work in
accordance with the approved plans and specifications and in accordance
with the applicable building laws, ordinances or regulations. All
work shall conform to the approved application, plans and specifications.
(4)
All building and demolition permits shall be prominently
displayed on the job site at all times during the progress of construction
or demolition so as to be readily seen from adjacent thoroughfares.
A set of approved drawings shall be kept on site in a four-inch diameter
PVC pipe four feet long and shall be securely attached to a post.
(5)
An application for change in plans or work in the
building or upon the property must be made by the owner or his agent
and a written permit obtained before any part of the change is commenced.
The Building Inspector shall issue a permit for such change.
(6)
All work covered by the Westchester County home improvement
licensing requirements must be performed by contractors holding a
current home improvement license issued by the County.
(7)
All contractors or homeowners, if they as homeowners
are the applicants, are required to produce, by certificate of insurance
naming the City of Rye as additional insured, proof of liability insurance
in the amount of $500,000 and proof of workers' compensation and disability
insurance as required by law.
(8)
After completion of footings and establishing forms'
first course of the foundation walls or equivalent structure, the
owner shall notify the Building Department. If required by the Building
Inspector, the owner shall cause a survey to be made by a licensed
land surveyor, showing the true location of such foundation walls
with respect to the lot lines of the lot and the top of foundation
elevation in respect to mean sea level, and a copy of such survey
shall be filed with the Building Inspector before construction is
continued.
(9)
Prior to issuance of a certificate of occupancy, the
owner shall provide a final survey in regards to the true location
of the structure with respect to the lot lines, if required by the
Building Inspector.
(10)
A building or demolition permit issued pursuant to
this chapter shall expire one year from the date of issuance or upon
the issuance of a certificate of occupancy, whichever occurs first.
The permit may, upon written request, be renewed for successive one-year
periods provided that:
(11)
Buildings, construction and improvements requiring building permits, as provided by § 68-8A of this chapter, shall include all conditions and building occupancy classifications listed in Part 701 of the New York State Uniform Fire Prevention and Building Code (9 NYCRR 701).[1] Those building classifications are:
(a)
One and two-family residences.
(b)
Multiple dwellings.
(c)
Business occupancies.
(d)
Mercantile occupancies.
(e)
Industrial occupancies.
(f)
Storage occupancies.
(g)
Assembly occupancies.
(h)
Institutional occupancies.
(i)
Miscellaneous occupancies.
[1]
Editor's Note: See now Title 19 of NYCRR.
E.
Revocation of building/demolition permit. The Building
Inspector may revoke a permit heretofore issued in the following instances:
(1)
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
(2)
Where he finds that the permit was issued in error
and should not have been issued in accordance with the applicable
law.
(3)
Where he finds that work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
(4)
Where the person to whom a permit has been issued
fails or refuses to comply with a stop-work order issued by the Building
Inspector.
F.
Expedited issuance.
(1)
The Building Inspector may issue a building permit
on an expedited basis for additions and alterations existing as of
May 17, 1995, to one and two-family residential properties upon submission,
in form and substance satisfactory to the Building Inspector, of the
following documentation:
(a)
Plans signed and sealed by a New York State
licensed architect or engineer.
(b)
A representation by that architect or engineer
that the plans as submitted conform in all respects to all applicable
state and local building, fire and zoning codes and that the work
was completed in accordance with the submitted plans.
(c)
An agreement personally signed by each owner
and the architect or engineer agreeing to:
[1]
Use of this expedited procedure;
[2]
Indemnify and hold harmless the City, its agents
and employees for any claims arising out of the issuance of the building
permit;
[3]
Release and waive all rights against the City,
its officers, agents and employees from all claims arising out of
the issuance of the building permit and any certificate of occupancy
based upon the building permit; and
[4]
Permit the City to inspect the premises at any
time to determine that the work was done in compliance with the plans
and the law.
(d)
Payment of appropriate fees and penalties, if
applicable.
(2)
Every building permit issued under this expedited
procedure and any certificate of occupancy issued based upon that
building permit shall contain a notation thereon indicating that it
was issued pursuant to this section and was based upon the representations
and agreements made in order to obtain the building permit.[2]
[2]
Editor's Note: Former Subsection G, Notice, which immediately
followed this subsection, was repealed 3-10-2010 by L.L. No. 3-2010.
This local law also provided that it shall take effect 5-1-2010.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports, and notices and orders issued.
All such records shall be public records open to public inspection
during business hours.
B.
The Building Inspector shall annually submit to the
City Manager a written report and summary of all business conducted
by the Building Department, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made and appeals or litigation pending.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of the Police and Fire Departments
and of all municipal officials exercising any jurisdiction over the
construction, use or occupancy of buildings or the installation of
equipment herein.
A.
No person shall make any connection with the public sewer or drain without a permit being issued in accordance with Chapter 162 of the City Code. No permit shall be issued to connect to a public sewer or drain unless such person holds a Westchester County plumbing license.
B.
Plans, including a riser diagram and specifications
of all plumbing and drainage work, except the mere removal of obstructions
or the repairing of leaks or such replacement of old or broken fixtures
as does not involve any change in piping or traps, together with an
application, signed by the owner or his agent, for a permit, must
be submitted to the Building Inspector for approval, and a permit
must be obtained before any such work is commenced within any building
or upon any property. The Building Inspector shall issue the permit.
C.
A peppermint test will be performed on all waste and
vent piping with a combined developed length greater than 10 feet.
A.
No such permit shall be issued unless the applicant
has submitted proof that the installation work shall be done or directly
supervised by a licensed plumber, or by a person who has successfully
completed an examination conducted by the former Examining Board of
Installers of Mechanical Equipment of the City of Rye, or by a person
who has successfully completed a comparable examination conducted
by at least one other municipality located in Westchester or Putnam
Counties and has demonstrated competence to perform all necessary
functions of installing oil-burning equipment. If the applicant has
contracted with a partnership or corporation for performance of the
installation, at least one partner or officer must be either a licensed
plumber or person who successfully completed the required proficiency
test.
B.
All electrical work associated with the installation
of any oil or gas heating equipment shall be performed by a licensed
master electrician. A master electrician shall have passed an examination
conducted by Westchester County to determine his or her competence
to perform the functions of a master electrician properly.
C.
No alteration in existing oil or gas heating installation,
HVAC or an electrical installation, for which a permit has been issued,
shall be made without the inspection and approval of the Building
Inspector. Where a replacement of another oil or gas heating unit
is made, application must be made as if the installation is a new
one.
A.
Upon the filing of any application for a building-related
permit or license, fees shall be payable in connection with the following:
(1)
Plumbing, oil heating, gas heating or electric certificate
of competency.
(2)
Building permits.
(3)
Plumbing permit for changes in plumbing that do not
require a building permit in existing buildings.
(4)
Oil or gas heating permits in existing buildings where
a building permit is not required.
(5)
Electrical permits in existing buildings where a building
permit is not required.
(6)
Certificate of occupancy.
B.
A fee schedule shall be established, and changed as
needed, by resolution of the City Council.
C.
In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of 50%
of the fee paid, provided that no construction has been commenced.
If construction work has been started and the application is not approved,
the fees shall not be refunded.
D.
Due to the large additional administrative and inspection
expenses incurred by the City, an additional application fee of $1,000
shall be payable when construction work has been commenced prior to
the issuance of the building permit or when, as determined by the
Building Inspector acting reasonably, construction work has been done
in a manner not substantially consistent with a prior approval by
the Board of Architectural Review or when, as determined by the Building
Inspector acting reasonably, construction work has been done in a
manner not in substantial compliance with the requirements of a building
permit.
A.
No building erected subject to the Uniform Code shall
be used or occupied, except to the extent authorized hereunder, until
a certificate of occupancy has been issued by the Building Inspector.
B.
No building similarly enlarged, extended, or altered,
or upon which work has been performed which requires the issuance
of a building permit shall be occupied unless a certificate of occupancy
has been issued.
C.
No change shall be made in the nature of the occupancy
of an existing building unless a certificate of occupancy authorizing
the change has been issued by the Building Inspector.
D.
The owner or his agent shall submit an application
for a certificate of occupancy. 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 supervised the construction
of the work or of the superintendent of construction who supervised
the work and who, by reason of his experience, is qualified to supervise
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 variances therefrom have been legally authorized.
Such variances shall be specified in the affidavit.
E.
All applications for a certificate of occupancy are
to be accompanied by a certification of the actual cost of the work,
inclusive of professional fees and contractor profit. Any additional
fees are due prior to the issuance of a certificate.
F.
When electrical work is performed as part of a building
permit, a certificate of compliance from the electrical inspection
agency shall be submitted prior to a certificate of occupancy being
issued.
A.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building permit, the Building Inspector shall
approve the issuance of a certificate of occupancy upon the form provided
by him. If it is found that the proposed work has not been properly
completed, the Building Inspector shall refuse to approve the issuance
of a certificate of occupancy and shall order the work completed in
conformity with the building permit and in conformity with the applicable
building regulations.
B.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after application therefor is made.
C.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts
may be put.
A.
Inspections during construction.
(1)
Work for which a building permit has been issued hereunder
shall be inspected for approval prior to enclosing or covering any
portion thereof and upon completion of each stage of construction,
including, but not limited to, building location, site preparation,
site drainage, excavation, foundation, framing, superstructure, electrical,
plumbing, and heating and air conditioning. It shall be the responsibility
of the owner, applicant, or his agent to inform the inspector that
the work is ready for inspection and to schedule such inspection.
(2)
Work which requires special inspections during construction
shall be the responsibility of the owner, applicant, or his agent
to provide a list at their expense. A statement of the special inspections,
including a complete list of materials and work requiring such inspections,
and a list of the individuals and approved agencies shall be provided
to the Building Inspector for the permit application file. The reports
of such special inspections shall be provided to the Building Inspector
for the permanent record.
(3)
If entrance to make an inspection is refused or cannot
be obtained, the City Council, after being notified by the inspector
of the situation, may apply to any court of competent jurisdiction
for an order to make an inspection.
B.
Fire prevention and property maintenance inspections.
(1)
Multiple dwellings shall be inspected for the purpose
of determining compliance with fire prevention and property maintenance
requirements of the Uniform Code at least once in every 36 months.
Inspections of such buildings shall include the common areas such
as halls, foyers, staircases, etc. and vacant dwelling units. Where
the tenants of occupied dwelling units allow, the inspection may include
such units.
(2)
Firesafety inspections of buildings or structures
having "areas of public assembly," defined as all buildings or portions
of buildings used for gathering together 50 or more persons for amusement,
athletic, civic, dining, educational, entertainment, patriotic, political,
recreational, religious, social, or similar purposes, the entire fire
area of which they are a part, and the means of egress therefrom,"
shall be performed at least once in every 12 months.
(3)
All other buildings, uses and occupancies (except
one- or two-family dwellings) shall be inspected at least once in
every 24 months.
(4)
An inspection of a building or dwelling unit may also
be performed at any other time upon:
(5)
Enforcement/inspection of the fire prevention and
property maintenance inspections shall be performed by the Fire Inspector.
Whenever there are reasonable grounds, the Building
Inspector may require material, construction equipment or assemblies
to be subjected to tests in order to furnish proof of compliance with
the reference standards of the Uniform Code.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use or
maintain any building or structure or portion thereof in violation
of any provision of this chapter or to fail, in any manner, to comply
with a notice, directive or order of the Building Inspector or to
construct, alter or use and occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or
certificate of occupancy.
B.
Any person who shall fail to comply with a written
order of the Building Department, 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 this chapter or any lawful order, notice, directive, permit or
certificate of the Building Department made thereunder shall incur
a penalty of not more than $250 or 15 days imprisonment, or both.
Each day that a violation continues shall be deemed a separate offense.
C.
This section shall not apply to violations of the
provisions of the Uniform Code punishable under § 385 of
the Executive Law[1] of the State of New York nor to violations of the provisions
of the Multiple Residence Law punishable under § 304 of
the Multiple Residence Law of the State of New York.
[1]
Editor's Note: Section 385 of the Executive
Law was repealed by L. 1981, c. 707, § 12. See now § 382
of the Executive Law.
Appropriate actions 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 the penalties prescribed in the preceding section.
If there is any conflict with other codes, rules
or regulations, the most restrictive provisions shall apply.
