Village of Port Chester, NY Building Code Administration and Enforcement

Pursuant to the authority of § 10 of the New York State Municipal Home Rule Law, this chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Village of Port Chester (collectively "the Code"). It is the purpose and intent of the Board of Trustees to facilitate proactive, effective and nondiscriminatory enforcement of the Code. Except as otherwise provided in the Uniform Code, other state law or other section of this chapter, all buildings, structures and premises, regardless of use or occupancy, are subject to the provisions of this chapter.

§ 151-2 Definitions.

[Amended 3-19-2018 by L.L. No. 4-2018]

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING

Any combination of material whether portable or fixed with 50% or more of the perimeter walls having a roof to form an enclosure affording shelter for persons, animals or property and for any use or occupancy whether temporary or permanent. The term "building" shall also mean "factory manufactured home" and "mobile home." The term "building" shall not include a "temporary greenhouse."

BUILDING INSPECTOR

The individual duly appointed and charged with administration and enforcement pursuant to Subsection A of § 151-3 of this chapter.

BUILDING PERMIT

A permit issued pursuant to § 151-4 of this chapter. The term "building permit" shall also include a system permit, subpermits, demolition permits and building permit(s) which are renewed, amended, reissued, reactivated or extended pursuant to any provision of this chapter.

BUILDING SYSTEMS

Plumbing, heating, electrical, liquid and gas piping and storage, ventilating, air conditioning, refrigerating equipment, elevators, dumb waiters, escalators, solid, liquid or gas fueled heating appliance, and other mechanical, equipment systems installations, expansion or additions thereto.

BUILDING SYSTEM, PERMIT

A building permit issued for building systems and for fire protection equipment and systems issued either as a standalone permit (owner authorized) or as a subpermit in support or in conjunction with a building permit to a licensed contractor as required. All subpermits shall be issued certificates of compliance before a certificate of occupancy is issued for the building permit as applicable.

CERTIFICATE OF COMPLIANCE

A "certificate" issued to confirm the compliance of a structure, building systems and/or fire protection equipment and systems pursuant to Subsection D of § 151-7 of this chapter or has been previously issued by the Village for the administration of the Uniform Code.

CERTIFICATE OF OCCUPANCY

A "certificate" issued to authorize the use or occupancy of a building pursuant to Subsection B of § 151-7 of this chapter or has been previously issued by the Village for the administration of the Uniform Code.

COMPLIANCE ORDER

A "notice of violation" issued pursuant to Subsection A of § 151-15 of this chapter.

DIRECTOR OF CODE ENFORCEMENT

The individual duly appointed and charged with administration and enforcement pursuant to Subsection B of § 151-3 of this chapter.

DEMOLITION PERMIT

A building permit for the removal of a building, structure or portion thereof from property and shall not include the emergency removal of debris from the public property or the removal of exterior or interior building components for reconstruction and/or rehabilitation.

ENERGY CODE

The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

FIRE PROTECTION EQUIPMENT AND SYSTEMS

Apparatus, assemblies, or systems, either portable or fixed, used to detect, signal, alarm, prevent, control, or extinguish fire, smoke or harmful gas and liquid.

INSPECTION

The procedure by which an observation is made of work or features to ascertain as to compliance or noncompliance with the Uniform Code, Energy Code and Village Code.

LICENSED CONTRACTOR

All person(s) performing work for compensation and possessing a valid license from the regulatory agency of Westchester County or State of New York as required.

OPERATING PERMIT

Includes fire safety inspection and means a permit issued pursuant to § 151-10 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.

PERMIT HOLDER

The property owner or authorized agent to whom a building permit has been issued.

PERSON

Includes any individual, property owner, authorized agent, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description owning the property.

MRL

The Multiple Residence Law of New York State.

SPECIAL BUILDING PERMIT

A building permit issued by the Building Inspector authorizing the renewal of open permits issued prior to January 1, 2010, under the standards set forth in § 151-4P.

STOP-WORK ORDER

An order issued pursuant to § 151-6 of this chapter.

STRUCTURE

A static construction of materials affixed or placed upon the ground, temporary or permanent not defined as a "building."

UNIFORM CODE

Title 19 NYCRR Part 1219 New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time including the following 19 NYCRR titled codes; Art 1220 (Residential Code), Part 1221 (Building Code), Part 1222 (Plumbing Code), Part 1223 (Mechanical Code), Part 1224 (Fuel Gas Code), Part 1225 (Fire Code), Part 1226 (Property Maintenance Code), and Part 1227 (Existing Building Code) as currently in effect and as hereafter amended from time to time.

VILLAGE

The Village of Port Chester.

VILLAGE CODE

The Code of the Village of Port Chester.

§ 151-3 Administration and enforcement.

The Building Inspector, or his or her designee, shall be head of the Department of Buildings authorized to administer and enforce the provisions of the Code and this chapter. The Building Inspector, or designee, shall have the following powers and duties:

(1)

To receive, review and approve or disapprove applications for building permits, certificates of occupancy, temporary certificates and operating certificates and the plans, specifications and construction documents submitted with such applications;

(2)

Upon approval of such applications, to issue building permits, certificates of occupancy, temporary certificates and operating permits on such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

(3)

To issue stop-work orders;

(4)

To review and investigate complaints;

(5)

To maintain records;

(6)

To charge and collect fees as may be established by the Board of Trustees;

(7)

To pursue administrative enforcement actions and proceedings;

(8)

In consultation with the Village Attorney and/or Village Prosecutor, to pursue such legal actions and proceedings as may be necessary to enforce the Code and this chapter or to abate or correct conditions not in compliance with the Code and this chapter.

Director of Code Enforcement.

(1)

The Director of Code Enforcement shall be head of the Department of Code Enforcement and have the following powers and duties:

(a)

To review and investigate complaints;

(b)

To maintain records;

(c)

To administer the fire safety and property maintenance inspection program;

(d)

To charge and collect fees as may be established by the Board of Trustees;

(e)

To make referrals and coordinate its activities with the Building Department and other Village departments;

(f)

To pursue administrative enforcement actions and proceedings;

(g)

(2)

The Director shall be assisted by persons in the classified positions of Housing Officer, Code Enforcement Officer and Code Enforcement Officer/Parking Enforcement Officer, all of whom are authorized to enforce the provisions of the Code and this chapter.

Upon recommendation of the Village Manager and policy determination by the Board of Trustees, designated members of the Police Department and Fire Department shall be authorized to enforce provisions of the Uniform Code related to fire safety and property maintenance.

All Code Enforcement Personnel shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require and obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated hereunder.

Building permits lawfully issued prior to January 1, 1984, for which there is no certificate of occupancy on file with the Village and where there are no open violations relating to the zoning use of the building, and where the work authorized by said permit was completed, are hereby closed.

[Added 2-3-2020 by L.L. No. 1-2020]

§ 151-4 Building permits.

[Amended 3-19-2018 by L.L. No. 4-2018]

Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to:

(1)

The construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or building system or fire protection equipment and systems or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue; or

(2)

For the excavation, removal or depositing of any material such as sand, gravel or soils to or from any premises. See Chapter 281, Stormwater Management.

Exemptions. No building permit shall be required for work in any of the following categories:

(1)

Gardens and driveway/sidewalk repaving and landscaping maintenance;

(2)

Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet;

(3)

Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(4)

Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely aboveground;

(5)

Installation of fences which are not part of an enclosure surrounding a swimming pool;

(6)

Construction of retaining walls less than four feet or unless such walls support a surcharge or impound Class I, II or IIIA liquids;

(7)

Construction of temporary motion picture, television and theater stage sets and scenery;

(8)

Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(9)

Installation of partitions or movable cases less than five feet, nine inches, in height;

(10)

Painting, wallpapering, tiling, carpeting, or other similar finish work;

(11)

Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(12)

Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or

(13)

Repairs, provided that such repairs do not involve: i) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load-bearing component; ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; iii) the enlargement, alteration, replacement or relocation of any building system; or iv) the removal from service of all or part of a fire protection system for any period of time.

Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

Applications for building permits. Applications for a building permit shall be made in writing on a form provided by the Building Inspector. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent for the owner. The application shall include such information as Building Inspector deems sufficient to permit a determination that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:

(1)

A description of the proposed work;

(2)

The Tax Map number and the street address of the premises where the work is to be performed;

(3)

The occupancy classification of any affected building or structure or portion thereof;

(4)

Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code;

(5)

Submission of proof of workman's compensation and employee disability insurance or exemptions; and

(6)

Where applicable by the Village Code, a survey or site plan that includes but is not limited to existing and proposed buildings and structures, the location of intended work, the location of any existing or proposed underground or overhead utilities, walls, fences, driveways, sidewalks, distances between the buildings and structures and property lines; and

(7)

Unless waived by the Building Inspector, three sets of construction documents (drawings and/or specifications) which:

(a)

One-quarter to the foot scale;

(b)

Define the scope of the proposed work;

(c)

Indicate with sufficient clarity and detail the nature and extent of the work proposed;

(d)

State the structural and energy code design criteria;

(e)

Notes including but not limited to the occupancy classification, construction type, fire area, number of stories and type of fire protection equipment of the affected building or structure or portion thereof;

(f)

Provide a Uniform Code and Energy Code review demonstrating conformance;

(g)

Unless waived by the Building Inspector, are prepared by a New York State registered architect or licensed professional engineer as required by the New York Education Law;

(h)

Substantiate that the proposed work will comply with the Uniform Code and the Energy Code.

(i)

Digital copies of plans and specifications may be required at the discretion of the Building Inspector.

(Reserved)

Construction documents. Construction documents may not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(7) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Inspector. Work shall not be commenced until and unless a building permit is issued.

Issuance of building permits.

(1)

An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable provisions of the Uniform Code, Energy Code, MRL and Village Code. Where the Building Inspector determines that the proposed work is in not compliance with the applicable Code he/she shall so state in writing, citing the section of code and the deficiency(ies) found.

(2)

The Building Inspector shall authorize the issuance of a building permit if he/she determines that the proposed work is in compliance with the applicable provisions of the Uniform Code, Energy Code, MRL and Village Codes and when applicable fee is paid. An affidavit of cost of construction may be required. The building permit shall be issued to the property owner and note the following information:

Date issued;

Date expired;

Tax Map number;

Legal address;

Type and description of work;

(f)

Owner of property;

(g)

Zoning district;

(h)

Occupancy classification;

(i)

Construction type;

(j)

Number of stories;

(k)

Number of dwelling units, as applicable.

Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify Building Inspector of any change occurring during the course of the work. The building permit shall contain such a directive. If Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued and fee paid.

Building permits shall expire at 12 months from issuance date if all of the proposed work is not completed and a temporary certificate of occupancy, or certificate of occupancy or a certificate of compliance has not been issued, will become invalid unless renewed. A building permit which has expired may be renewed by the Building Inspector, at his/her discretion, for such time period of one year, for a total of two one-year periods, by submitting an application for renewal with a statement that all supporting documentation and approval are valid and work is continuing, valid proof of workman's compensation and employee disability insurance, and payment of the applicable fee.

A building permit shall be maintained valid by continuous renewal until a certificate of occupancy or certificate of compliance or temporary certificate of occupancy has been issued. Building permits which have expired are invalid and are in violation of this chapter.

A system permit is required for work on building systems and fire protection equipment and systems. Where a building permit has been issued for a building or structure, a system subpermit is required. System permit and system subpermits are deemed to be building permits except for the application process as prescribed in § 151-4M and N.

Applications for a system permit and subpermits shall be made in writing on a form provided by the Building Inspector. The application shall be signed by the licensed contractor as required in the regulated trade or contractor as an authorized agent for the owner. The application shall include or be accompanied by the following information and documentation:

(1)

A description of the proposed work;

(2)

The Tax Map number and the street address of the premises where the work is to be performed;

(3)

The occupancy classification of the building or structure or portion thereof;

(4)

Submission of proof of workman's compensation and employee disability insurance or exemptions;

(5)

Unless waived by the Building Inspector; two sets of construction documents (drawings and/or specifications) which:

(a)

One-quarter to the foot scale;

(b)

Define the scope of the proposed work;

(c)

Indicate with sufficient clarity and detail the nature and extent of the work proposed;

(d)

Statement that the energy code design criteria submitted is in compliance with the Uniform Code and/or the Energy Code;

(e)

Are prepared by a New York State registered architect or licensed professional engineer as required by the New York Education Law.

Issuance of system permit and system subpermits. The Building Inspector shall authorize the issuance a system permit and system subpermits where the supporting documentation for the proposed work is in compliance with the applicable provisions of the Uniform Code, Energy Code and Village Codes and payment of the applicable fee.

Revocation or suspension of building permits. If the Building Inspector determines that a building permit was issued in error because of incorrect, inaccurate, fraud or incomplete information the Building Inspector shall revoke the building permit or if the Building Inspector determines that the work for which a building permit was issued violates the Uniform Code or the Energy Code, he/she shall suspend the building permit until such time as the permit holder demonstrates that:

(1)

Payment of the applicable fee; and

(2)

A statement that the error, because of incorrect, inaccurate or incomplete information, has been abated and all work described is in compliance with all applicable provisions of the Uniform Code and the Energy Code.

Special building permit.

(1)

The Building Inspector is authorized to renew open expired permits issued prior to January 1, 2010, under the umbrella of a single new permit that will encompass any number of open expired permits. All work related to those permit(s) may be closed out under a single new permit as may be practical in the judgement of the Building Inspector. Such expedited process would avoid the need for an applicant to obtain new permit and pay the requisite fees for each permit.

(2)

Open expired permits issued prior to January 1, 2010, are eligible to proceed on a streamlined basis for work in an owner-occupied one- and two-family dwelling that involves "minor improvements" or work that is valued at less than $10,000 in present cost and/or 500 square feet in area. Where the owner-occupied one- and two-family dwelling has a New York State STAR tax exemption, the building permit fee is waived.

(3)

To be accorded the favorable treatment under this section, submissions need not be in the form of full construction documents. They may be in the form of a sealed drawing from a licensed professional. Such drawing shall, however, contain at a minimum the following information satisfactory to the Building Inspector:

(a)

Dwelling without an addition:

[1]

An outline that delineates the space(s) in question, measurements of room size, ceiling heights and adequate egress.

[2]

Bedrooms shall be required to show window size.

[3]

Other rooms, including bedrooms, shall be required to verify adequate light and ventilation.

[4]

All spaces shall be required to show placement of required smoke and CO alarm.

(b)

Dwelling with an addition:

[1]

All requirements as stated above and an updated survey to show setbacks.

(c)

Decks:

[1]

Plans must show size of deck, support system (footings, depth and adequate size, framing and structural supports), guards and railings and proper and adequate attachment to dwelling.

[2]

The applicant's design professional shall certify that the work in question meets the minimum code at the time of construction and is structurally sound.

(4)

Applicants under this section are not required to secure interim inspections by the Building Inspector prior to the inspection for the certificate of occupancy; however a final inspection for the certificate of occupancy shall be required.

Demolition permit.

[Added 11-5-2018 by L.L. No. 11-2018]

(1)

Where a building, structure or portion thereof is being removed from property an application for a demolition permit shall be made, in writing, on a form provided by the Building Inspector. The application shall be signed by the property owner or an authorized agent for the owner. The application shall include or be accompanied by the following information and documentation unless waived by the Building Inspector. Any such waiver must be supported by documentation evidencing the consideration of the nature, extent, means and methods of the proposed demolition, the existence of exigent circumstances, unique site conditions, and the potential impacts on adjoining public and private properties and the surrounding neighborhood.

(a)

Site plan showing the location of the building, structure or portion thereof to be removed and including but not limited to the location of water, sewer and sanitary sewer laterals and disconnection, the location of dumpsters and equipment location, pedestrian protection, public street and sidewalk protection, site security with signage and barriers, dust remediation, soil and erosion control measures and restoration of the site.

(b)

Three sets of plans be prepared by a New York State registered architect or licensed professional engineer are required where shoring or other structural features requiring mitigation to safely be removed or preserved without endangering adjacent and public properties and the general public.

(c)

Tax search verifying that all real property taxes, sewer rents, liens and assessments have been paid.

(d)

Certificate of demolition insurance in an amount not less than $1,000,000/$3,000,000. In addition, depending on the nature and size of the demolition as well as proximity to adjoining properties, the Building Inspector may require additional coverage in such amounts in his/her judgment is necessary to protect life and property. This insurance shall be written with an acceptable company authorized to do business in the State of New York, with an A.M. Best rating of A minus or better, and shall be taken out before any of the operations of the contractor are commenced and kept in effect until all operations shall be satisfactorily completed. The policy shall be primary and noncontributory with a waiver of subrogation. The Village of Port Chester shall be named an additional insured. Copies of any policies shall be provided to the Village upon request.

(e)

Proof of disconnection of utilities such as water, gas, sewer and stormwater lines, electric and communications wiring.

(f)

Letter of certification that the building is asbestos free or provide New York State Department of Labor approved variance.

(g)

Written certification that the building or structure has been exterminated and is free from insect, vermin or rodent infestation from a person duly licensed by the State of New York to perform such work.

(h)

Proof of workers' compensation and employee disability insurance or exemption therefrom.

(i)

Verification that the property is not eligible to be listed or is listed on the National and State Registers of Historic Places and the Westchester County Inventory of Historic Places as documented from these agencies.

(2)

Written notice and predemolition inspection. The Building Inspector may require, based on the scope of work, as a condition to the issuance of a permit, that the applicant provide written notice to surrounding properties and the public of an impending demolition and offer a predemolition inspection of any structure within 20 feet of the demolition activity.

(a)

The notice shall be provided by certified mail, return receipt requested, and addressed to the property owners as indicated by the records maintained by the Town of Rye Tax Assessor's Office. All mailed notices must be deposited in the United States Mail a minimum of 45 days prior to commencement of the demolition activity.

(b)

The notice must state that a demolition permit application will be submitted to the Village of Port Chester Building Department and describe the demolition activity which will take place.

(c)

The notice shall include the dates and times, or a range of dates and times, when the demolition activity is scheduled to occur.

(d)

The notice shall include the address of the property where the demolition will take place, a mailing address and telephone number that the property owners or their representatives can use to contact the applicant or to report issues or problems occurring as a result of the demolition activity.

(e)

The notice shall state that the property owner is also entitled to a predemolition inspection of all structures located within 20 feet of the demolition activity at no cost.

(f)

A copy of the notice and return receipts shall be submitted with the application for the demolition permit.

(g)

The predemolition inspection, if authorized by a property owner, shall be provided by the applicant in accordance with this subsection.

(h)

The predemolition inspection must be conducted by a New York State licensed professional engineer or registered architect.

(i)

The predemolition inspection shall describe the occupancy classification, type of construction, number of stories, dimension and square feet in area and document all visible interior and exterior existing conditions, and any defects observed of the structure prior to the demolition activity taking place.

(j)

The predemolition inspection report shall state the date and location of the inspection, the name of the person performing the inspection, and include drawings, photographic or video documentation of the structures located on the inspected property with particular attention towards observed defects within the inspected structures.

(k)

The predemolition inspection report shall state and provide drawings of any methods of protection to prevent damage to the structure during the demolition activity.

(l)

The predemolition inspection report and drawings shall be signed and sealed by the New York State licensed professional engineer or registered architect and provided, at no cost, to the property owner within 20 days of completing the inspection. A copy of the predemolition inspection report shall be submitted with the application for the demolition permit.

(3)

Warning signs. The Building Inspector may require, based on the scope of work, as a condition to the issuance of a permit, that the applicant erected warning signs on the property where the demolition activity will take place.

(a)

Warning signs will be erected at least five days, but not more than 10 days, prior to the commencement of demolition activity and shall be maintained on the site until the demolition has been completed.

(b)

Warning signs shall be a minimum of 24 inches by 24 inches, but may not exceed 30 inches by 30 inches in size. The top of the warning sign shall not exceed a height of eight feet above grade.

(c)

The warning sign shall indicate at the top "Warning Demolition Activity" in block letters that measure at least four inches in height and contrast with the background color. The warning sign must also contain the following information in one-and-one-half-inch block lettering:

[1]

The dates and times when the demolition activity is scheduled to occur.

[2]

A name, address, and a telephone number of a contact person for questions and to report damage as a result of the demolition activity.

[3]

The name, address, and telephone number of the contractor performing the demolition activity.

(d)

The warning signs must remain legible during the entire time they are posted at the property and shall be replaced if they are damaged and/or stolen.

(e)

Warning signs shall contain only the information required herein.

(f)

Warning signs shall be erected at the property line or property lines of the property where the demolition activity will take place and provide an unobstructed view of the signs from both directions of the adjoining rights-of-way.

(4)

The applicant shall schedule a predemolition inspection to verify site security, pedestrian and adjoining property protection and soil erosion control measures.

(5)

Upon completion of demolition, the applicant shall schedule a final inspection, shall provide a copy of the manifest from a transportation company indicating the quantity and description of the waste; hazardous material, contaminated material and/or construction debris that was transported to a registered waste treatment, storage and disposal facility.

§ 151-5 Construction inspections.

Work shall remain accessible and exposed until inspected and accepted by the Building Inspector. The permit holder shall notify the Building Department when any element of work described in this section is ready for inspection.

The following elements of the construction process shall be inspected to the extent applicable:

(1)

Work site at the time of issuance of a building permit;

(2)

Footing and foundation;

(3)

Preparation for concrete slab;

(4)

Framing;

(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)

Energy Code compliance; and

(10)

A final inspection after all work authorized by the building permit has been completed.

After inspection, the work or 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 the Code. Work not in compliance with any applicable provision of the Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Code, reinspected and found satisfactory as completed.

§ 151-6 Stop-work orders.

The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Inspector shall issue a stop-work order to halt:

(1)

Any work that is determined to be contrary to any applicable provision of the Code, 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 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 which 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.

Stop-work orders shall be in writing, be dated and signed by the Building Inspector, state the reason or reasons for issuance and, if applicable, state the conditions which must be satisfied before work will be permitted to resume.

The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by registered mail/certified mail. The 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 registered mail/certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

Upon the issuance of a stop-work order, the owner of the affected property, the permit holder, if applicable, and/or any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order. Restoration of the premises may also be required as part of the order.

The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in 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 of this chapter or under any other applicable local law or state law.

There shall be an administrative fee paid before an application for a building permit may be accepted by the Building Inspector where there is an outstanding stop-work order on the premises for which the permit is issued or before work may lawfully resume on an open permit.

§ 151-7 Certificates of occupancy or compliance.

[Amended 3-19-2018 by L.L. No. 4-2018]

Certificates of occupancy or certificates of compliance required. A certificate of occupancy or certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof and for buildings which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building, structure, component, building systems, fire protection equipment and systems or portion thereof, may be granted only by issuance of a certificate of occupancy, temporary certificate of occupancy or certificate of compliance.

Issuance of certificate of occupancy. The Building Inspector shall issue a certificate of occupancy if the work which was the subject of an unexpired building permit was completed, inspected by the Building Inspector, and if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another is found to be in compliance with all applicable provisions of the Uniform Code, Energy Code and Village Code. In addition, upon request or 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 and at the expense of the applicant, shall be provided to Building Inspector prior to the issuance of the certificate of occupancy:

(1)

A written statement of structural observations and/or a final report of special inspections;

(2)

A written statement certifying all work authorized by the building permit is in conformance with the Uniform Code and Energy Code;

(3)

An elevation certificate or certification of floodproofing; and

(4)

An affidavit of final cost of construction.

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 and number of stories;

(7)

The assembly occupant load of the structure, if any;

(8)

If an automatic sprinkler or fire alarm and detecting system is provided, a notation as to whether system is required;

(9)

Any special conditions imposed or variance in connection with the issuance of the building permit;

(10)

The number of dwellings; and

(11)

The signature of Building Inspector issuing the certificate of occupancy and the date of issuance.

Issuance of certificate of compliance. The Building Inspector shall issue a certificate of compliance for work authorized under valid, unexpired building permit or building system permit if the work which was the subject of the building permit or building system permit was completed, inspected by the Building Inspector and found to be in accordance with all applicable provisions of the Uniform Code and Energy Code. In addition, upon request or where applicable, written certification, 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 and at the expense of the applicant, shall be provided to Building Inspector prior to the issuance of the certificate of compliance.

Temporary certificate of occupancy. The Building Inspector shall be permitted to 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. Applications for a temporary certificate of occupancy shall be made in writing on a form provided by the Building Inspector. The application shall include a fee and a list of items not completed and further state when such work or feature will be completed. However, in no event 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 of occupancy, 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 of occupancy such terms and conditions deemed necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate of occupancy shall be effective for up to a period of time, not to exceed six months, which shall be determined by the Building Inspector and specified in the temporary certificate of occupancy. During the specified period of effectiveness of the temporary certificate of occupancy, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Village Code, Uniform Code and the Energy Code.

Revocation of certificates. If the Building Inspector determines that a certificate of occupancy, temporary certificate of occupancy or certificate of compliance was issued in error because of incorrect, incomplete or inaccurate information or fraud and the relevant deficiencies are not corrected to the satisfaction of Building Inspector within such period of time as stated in the "notice of violation and order to remedy" issued pursuant to Subsection A of § 151-15 of this chapter, certificate of occupancy or certificate of compliance shall be revoked.

§ 151-8 Notification regarding fire or explosion.

The Chief of the Fire Department shall promptly notify the Building Department of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 151-9 Unsafe buildings or structures.

Unsafe buildings or structures shall be identified and addressed in accordance with the following procedures of Chapter 153 of the Village Code.

§ 151-10 Operating permits.

An operating permit shall be required for conducting the activities or using the categories of buildings listed below:

(1)

Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 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 Section 1225.1;

(2)

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;

(3)

Use of pyrotechnic devices in assembly occupancies;

(4)

Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

(5)

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 the Village.

An application for an operating permit shall be in writing, sworn to on a form provided by or otherwise acceptable to the Building Inspector. Such application shall include such information as deemed sufficient by the Inspector to permit a determination that the quantities, materials and activities conform to the requirements of the Code. If the Building Inspector determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided at the expense of the applicant.

The Building Inspector shall cause the subject premises to be inspected prior to the issuance of an operating permit.

In any circumstance in which more than one activity listed in this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity or the Inspector may, in the exercise of his or her discretion, issue a single operating permit to apply to all such activities.

Operating permits shall be issued for such period of time not to exceed one year, in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Building Inspector to be consistent with local conditions. The effective period of each operating permit shall be specified on the face of the permit. An operating permit may be reissued or renewed upon application to the Building Department, payment of the applicable fee and approval of such application by the Building Inspector.

If the Building Inspector subsequently determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Code, such operating permit shall be revoked or suspended.

§ 151-11 Fire safety and property maintenance inspection program.

All places of public assembly, multiple-family dwellings and nonresidential establishments shall be subject to a regular and periodic fire safety and property maintenance inspection program by Code Enforcement Personnel at intervals not to exceed that required in 19 NYCRR Part 1203.

The Department shall send written notice scheduling the inspection to the owner of record on file with the Receiver of Taxes. The owner shall pay the requisite fee prior to the inspection date. Failure to pay the inspection fee and confirm the inspection date shall be a violation and subject the owner of record to penalties as set forth in this chapter.

In the event that the premises inspected are in compliance, the Department shall issue a certificate of compliance, a copy of which shall be prominently displayed on the premises and in effect so long as the premises remain in compliance and pending the next scheduled inspection under the program.

In the event that the premises inspected are not in compliance, the Department shall give notice to the owner of record, in writing, personally or posted and mailed to the address shown on the latest completed assessment roll. The owner shall have the time specified in the notice to remedy the violations noted and, in the event that same are not corrected after re-inspection, the owner shall be subject to enforcement and the penalties set forth in this chapter.

In addition to the inspection required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit, may also be performed 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 of a written statement alleging that conditions or activities failing to comply with the Code exist; or

(3)

Receipt of any other information, reasonably believed to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Code exist; provided, however, that nothing in this subdivision 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.

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.

Grease traps, interceptors and separators. All commercial, industrial, religious, hotel/motel and institutional uses producing grease-laden waste (also known as "FOG"), which includes fat, oil and/or grease containing petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in excess of 200 mg/l or in amounts that will cause interference with the Village sanitary sewer system shall obtain an annual certificate of compliance for legal discharge.

[Added 9-8-2020 by L.L. No. 9-2020]

(1)

An application for a system permit shall be submitted to the Building Inspector/Director of Code Enforcement for the grease traps, interceptors and separators as provided for in § 151-4. Such application is required for every application for a fire safety inspection and shall also include the following information:

(a)

A copy of the required activity maintenance log from the prior year to date, which includes inspections, cleanings, repairs and the frequency and amount of grease-laden waste (FOG) removed and disposed of for each grease trap, interceptor and/or separator.

(b)

A statement from the business owner that signage is displayed at all drains with one or more of the following signs: "Washing Hands, Washing of Fruits and Vegetables Only" and "No Grease Disposal."

(c)

An affidavit from the business owner stating that all managers and staff have been trained in best management practices for the proper disposal of grease-laden waste (FOG).

(2)

An inspection of the Village of each grease trap, interceptor and separator is required before a certificate of compliance can be issued as provided in § 151-7. A letter of certification of legal discharge that an inspection was performed of each grease trap, interceptor and/or separator certifying legal discharge shall be submitted by either a Westchester County licensed plumber, registered architect or professional engineer. If the inspection indicates that the grease traps, interceptors and/or separators is not in compliance, the owner/tenant shall be required to contact a Westchester County licensed plumber to correct the conditions not meeting the requirements.

(3)

Upon a determination that the grease traps, interceptors and/or separators are found to be in compliance as provided for in § 151-7, the certificate of compliance shall be issued and will remain until the next fire safety inspection cycle.

Sump pump. Each owner of a building must obtain a certificate of compliance for a sump pump prior to any transfer of the property. An owner of a building may, under his/her own initiative, obtain a certificate of compliance for a sump pump prior to any report from the Village indicating such certificate is required prior to transfer. In such instance, the fee for such permit is hereby waived. If no sump pump is present on the property, the owner must submit an affidavit stating the property does not contain a sump pump.

[Added 9-8-2020 by L.L. No. 9-2020]

(1)

An application for a system permit shall be submitted to the Building Inspector/Director of Code Enforcement for a sump pump and/or subsoil drainage systems as provided for in § 151-4.

(2)

An inspection of the sump pump is required before a certificate of compliance can be issued as provided in § 151-7. A letter of certification that the sump pump has been inspected and is legally discharging shall be submitted by a Westchester County licensed plumber, registered architect or professional engineer.

If the inspection indicates that the sump pump is not in compliance, the owner shall be required to contact a Westchester County licensed plumber to correct the conditions not meeting the requirements.

(3)

Upon a determination that the sump pump is found to be in compliance as provided for in § 151-7, the certificate of compliance shall be issued. The certificate shall remain valid unless revoked.

Building sanitary and storm drain laterals and subsoil drainage systems. Each owner of a building constructed prior to January 1, 1984, must obtain a certificate of compliance for the building sanitary and storm drain laterals and subsoil drainage systems prior to the transfer of the property. An owner of a building may, under his/her initiative, obtain a certificate of compliance for the building sanitary and storm drain laterals and subsoil drainage systems prior to any report from the Village indicating such certificate is required prior to transfer. In such instance, the fee for such permit for the drain and sewer lateral is hereby waived.

[Added 9-8-2020 by L.L. No. 9-2020]

(1)

An application for a system permit shall be submitted to the Building Inspector/Director of Code Enforcement for the building sanitary and storm drain laterals and subsoil drainage systems as provided for in § 151-4.

(2)

An inspection of the building sanitary and storm drain laterals and subsoil drainage systems (is required before a certificate of compliance can be issued as provided in § 151-7D. A letter of certification that the building sanitary and storm drain laterals and subsoil drainage systems has been inspected and is legally discharging and functioning properly, is watertight (as required) and is free from obstructions, leaks and defects shall be submitted by a Westchester County licensed plumber, registered architect or professional engineer. If the inspection indicates that the building sanitary drain and sewer laterals and subsoil drainage systems are not in compliance, the owner shall be required to contact a Westchester County licensed plumber to correct the conditions not meeting the requirements.

(3)

Upon a determination that the building sanitary and storm drain laterals and subsoil drainage systems are found to be in compliance as provided for in § 151-7, the certificate of compliance shall be issued. The certificate shall remain valid unless revoked.

§ 151-12 Complaints.

Code Enforcement Personnel shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Code or this chapter. Anonymous complaints may be accepted. The process for responding to a complaint shall include any such of the following:

Performing an inspection of the conditions and/or activities alleged to be in violation and documenting the results of such inspection;

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 an opportunity to abate, correct or cure the violation or otherwise proceeding in the manner described in § 151-15 of this chapter;

If appropriate and authorized, applicable personnel issuing a stop-work order;

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 complaint.

§ 151-13 Recordkeeping.

The Village shall keep permanent official records of all transactions and activities, including records of:

(1)

All applications received, reviewed and approved or denied;

(2)

All plans, specifications and construction documents approved;

(3)

All building permits, certificates of occupancy, temporary certificates, stop-work orders and operating permits issued;

(4)

All inspections and tests performed;

(5)

All statements and reports issued;

(6)

All complaints received;

(7)

All investigations conducted;

(8)

All other features and activities specified in or contemplated by this chapter, including all fees charged and collected.

Records that are public records shall be open for public inspection under the New York Freedom of Information Law[1] during regular business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation and likewise be available for disclosure and/or reproduction pursuant to the Freedom of Information Law.

[1]

Editor's Note: See Public Officers Law § 84 et seq.

§ 151-14 Program review and reporting.

The Village Manager shall submit to the Board of Trustees a written report and summary of all business conducted by Code Enforcement Personnel the previous month with regard to the administration and enforcement of the Code. The Board of Trustees shall be authorized to prescribe specific reporting requirements by resolution.

The Village Manager, or his designee, shall annually submit, on a form prescribed by the Secretary of State, a report of the activities of the Village relative to administration and enforcement of the Code. The Manager, or designee, shall, upon request of the New York State Department of State, provide from the records and related materials the Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village in connection with administration and enforcement of the Code.

A copy of such reports shall be made available to the public and posted on the Village's website.

§ 151-15 Right of entry.

In the performance of their duties, Code Enforcement Personnel shall be authorized to enter upon any nonpublic premises, or portions of premises, that are not the subject of an application for permit or certificate or temporary certificate, at such times and in such manner as such personnel may deem necessary, with the consent of the person in possession or occupancy.

If entry onto any such premises, or portions of premises, is refused or cannot be obtained from a person in possession or occupancy, Code Enforcement Personnel shall be authorized to obtain a warrant to make an inspection, provided that reasonable or probable cause is shown.

In exigent circumstances, Code Enforcement Personnel may, without a warrant, enter upon any such premises, or portions of premises, to inspect the same at any time without the permission of the person in possession or occupancy.

§ 151-16 Liability of Village officials.

This chapter shall not be construed to hold any official of the Village responsible for any damage to persons or property arising from the inspection or reinspection of premises, or a portion of premises, or failure to inspect or reinspect as required by any permits or as part of any inspection program. Nor shall such personnel be liable for any damage to persons or property by reason of the exercise of discretion by Code Enforcement Personnel as provided in this chapter.

§ 151-17 Enforcement; penalties for offenses.

Any person, owner, lessee, tenant, occupant, builder or agent of any of the foregoing who violates or who is an accessory to the violations of this chapter shall be guilty of a misdemeanor under the Penal Law and, upon conviction thereof, shall be punishable for each such offense by a minimum fine of $250 which shall not exceed $l,000 or by imprisonment not exceeding six months, or by both fine and imprisonment. Each day, or part thereof, of such violation shall constitute a separate and distinct offense, punishable by like fine or penalty, or both.

Code Enforcement Personnel shall enforce the provisions of this chapter and are authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure or premises in violation of the Code or this chapter. Upon finding that any such condition or activity exists, Code Enforcement Personnel shall issue a compliance order.

(1)

The compliance order shall:

(a)

Be in writing;

(b)

Be dated and signed by Code Enforcement Personnel;

(c)

Specify the condition or activity that violates the Code or this chapter;

(d)

Specify the provision or provisions of the Code or this chapter which is/are violated by the specified condition or activity;

(e)

Specify the period of time which Code Enforcement Personnel deems to be reasonably necessary for achieving compliance;

(f)

Direct that compliance be achieved within the specified period of time; and

(g)

State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.

(2)

Code Enforcement Personnel shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail/certified mail. Code Enforcement Personnel shall be permitted, but not required, to cause the compliance 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 being performed at the affected property personally or by registered mail/certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

Code Enforcement Personnel are authorized to issue appearance tickets for any violation of the Code.

In addition to those penalties prescribed by the state law, any person who violates any provision of the Code, or this chapter, or any term or condition of any building permit, certificate of occupancy, temporary certificate of occupancy, stop-work order, operating permit or other notice or order issued by Code Enforcement Personnel pursuant to any provision of this chapter, shall be liable to a civil penalty in a minimum amount of $250 not to exceed $1,000. Each day, or part thereof, of such violation shall constitute a separate and distinct offense. The civil penalty provided by this subsection shall be recoverable in an action instituted in the name of the Village of Port Chester.

An action or proceeding may be instituted in the name of the Village of Port Chester, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct or abate any violation of, or to enforce, any provision of the Code, this chapter or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit, compliance order or other notice or order issued by Code Enforcement Personnel pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Code, this chapter or any stop-work order, compliance order or other order obtained under the Code or this chapter, an action or proceeding may be commenced in the name of the Village of Port Chester in a court having the requisite jurisdiction to secure an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions.

No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with or after the pursuit of any other available remedy or penalty. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.

§ 151-18 Fees.

A fee schedule is established in Chapter 175 of the Village Code. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications for building permits, amended building permits, renewed building permits, building permits obtained following a stop-work order, certificate of occupancy, temporary certificates of occupancy, operating permits, fire safety and property maintenance inspections and other actions of Code Enforcement Personnel described in or contemplated by this chapter. Such fees may be established or adjusted by resolution of the Board of Trustees.

§ 151-19 Intermunicipal and third-party agreements.

[Amended 6-6-2022 by L.L. No. 9-2022]

The Board of Trustees may, by resolution, authorize the Village Manager to enter into an agreement, in the name of the Village, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Code, Part 1203 of Title 19 of the NYCRR or any other applicable law.

The Board of Trustees may, by resolution, authorize the Village Manager to enter into an agreement, in the name of the Village, with a third party contracted for services of an individual, partnership, business corporation or similar firm for certain administration of this chapter, and it shall satisfy itself that any such provider has qualifications comparable to those of an individual who has met the requirements of 19 NYCRR, Section 1208.

No agreement shall be made by which building permits, certificates, orders or appearance tickets related to administration and enforcement of the Uniform Code are issued by other than public officers.