Chapters
55 through
59, inclusive, of the Code of the City of Yonkers shall be known and cited as the "Yonkers Fire and Building Code."
The purpose of the Yonkers Fire and Building Code is to implement,
enforce and administer the New York State Uniform Fire Prevention
and Building Code and, within the authority conferred by § 379
of the Executive Law and pursuant to the other powers of the City
of Yonkers, to provide basic and uniform standards of performance;
to establish reasonable safeguards for the safety, health and welfare
of the occupants and users of buildings, land, staging and structures;
and to enact and authorize such other rules and regulations as are
reasonably necessary to protect the public.
No provision of the Yonkers Fire and Building Code or the New York State Uniform Fire Prevention and Building Code shall be construed to repeal, modify or constitute an alternative to any regulations of Chapter
43, Zoning, which are more restrictive than the New York State Uniform Fire Prevention and Building Code or the Yonkers Fire and Building Code.
The Yonkers Fire and Building Code is hereby enacted to be remedial
and shall be construed liberally to secure the beneficial interests
and purposes thereof.
[Added 6-26-2012 by L.L. No. 11-2012]
A. For the purposes of this section, the following terms shall be defined
as follows:
ACCESSORY STRUCTURE
A structure or building of a nature manifestly incidental
or subordinate to the principal structure and on the same premises.
If a structure or building is attached to a principal building, it
shall be considered a part thereof and not an accessory structure.
ALTERATION or RENOVATION
A modification to a building or space, or an increase in
conditioned or habitable space. This definition does not include normal
repair and maintenance such as reroofing, interior and exterior walls
and ceiling finishes, or replacement of plumbing, mechanical, or electrical
system.
DEPARTMENT
The Department of Housing and Buildings of the City of Yonkers.
UNDER-ROOF FLOOR SPACE
The gross constructed floor area covered by a roof that provides
shelter, plus any area adjacent to but outside of the enclosing walls
that have a constructed floor and are covered by a sheltering roof
contiguous with the building. This shall include the gross floor area
of each floor of a multiple-story building. Walkways are not included
in this definition.
WORK AREA
The area under construction, alteration or renovation or
change in tenancy.
B. Operating trust fund fee collection. A surcharge of $0.010 per square
foot shall be assessed on new construction and on additions, alterations,
or renovations or changes in tenancy to existing buildings for which
the City of Yonkers normally issues building permits and charges a
permit fee. For new construction, the surcharge shall be computed
on the under-roof floor space. For additions, the surcharge shall
be computed on the under-roof floor space being added. For alterations
or renovations or change of tenancy, the surcharge shall be computed
on the under-roof floor space for the work area and on the increase
in conditioned or habitable space.
[Amended 5-14-2019 by L.L. No. 5-2019]
C. Use of operating trust fund. All proceeds from any surcharge collected
under this section shall be used for the purpose of defraying the
costs of training and other educational programs administered by the
Department.
D. Report of the operating trust fund surcharge fee. The Commissioner
of the Department shall prepare an annual report to the Mayor and
the City Council concerning the total proceeds from any surcharge
collected under this section and the types of training and other educational
programs administered by the Department funded by the proceeds of
the surcharge.
It shall be unlawful for any person, owner, builder, architect,
tenant, contractor, subcontractor, construction superintendent or
any of their agents or employees to:
A. Violate or fail to comply with any provision of:
(1) The New York Uniform Code or any amendment thereto.
(2) The Yonkers Fire and Building Code or any amendment hereto.
(3) Any rule or regulation related to or arising from the New York State
Uniform Code or the Yonkers Fire and Building Code promulgated by
the Fire Department, the Department of Housing and Buildings or the
Bureau of Plumbing or any amendment thereto.
[Amended 7-18-1996 by L.L. No. 5-1996]
(4) Any other applicable statute, law, ordinance, code, rule or regulation
enforceable by the Fire Department, the Department of Housing and
Buildings or the Bureau of Plumbing.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. Fail to comply in a timely and proper manner with any notice, order
or directive of the Fire Department, Department of Housing and Buildings
or Bureau of Plumbing in connection with or arising from enforcement
of the New York Uniform Code or the Yonkers Fire and Building Code
or any other applicable statute, law, code, ordinance, rule or regulation
enforceable by the Fire Department, the Department of Housing and
Buildings or the Bureau of Plumbing.
[Amended 7-18-1996 by L.L. No. 5-1996]
C. Violate or fail to comply with any of the terms, conditions, provisions,
requirements or restrictions of any license, approval, permit or certificate
issued in whole or in part by the Fire Department, the Department
of Housing and Buildings or the Bureau of Plumbing.
[Amended 7-18-1996 by L.L. No. 5-1996]
D. Undertake any activity of any kind or occupy or use any building,
structure or portion thereof without first securing all applicable
permits, approvals, licenses and certificates as required by the New
York Uniform Code or the Yonkers Fire and Building Code.
E. Make any false statements, provide false information or misrepresent
any fact in any plans, application, specifications or data or in any
representation to any official, employee or board of the City of Yonkers
arising from or in connection with the requirements of the New York
Uniform Code or the Yonkers Fire and Building Code.
F. Perform work or engage in an activity in a manner that is not in
full and total conformity with the New York Uniform Code, the Yonkers
Fire and Building Code, the rules and regulations of the Fire Department,
the Department of Housing and Buildings or the Bureau of Plumbing
and codes, ordinances, rules and regulations and with the plans, representations,
data and specifications upon which the Fire Department, Department
of Housing and Buildings or Bureau of Plumbing has based issuance
of any permit, license, approval or certificate.
[Amended 7-18-1996 by L.L. No. 5-1996]
G. Remove, mutilate, destroy or conceal any notice or order of the Fire
Department, Department of Housing and Buildings or Bureau of Plumbing
posted on any premises or place, except as authorized pursuant to
the Yonkers Fire and Building Code.
[Amended 7-18-1996 by L.L. No. 5-1996]
H. Interfere with, obstruct or impede the Fire Department, Department
of Housing and Buildings and Bureau of Plumbing, any peace or police
officer or other person authorized pursuant to the New York Uniform
Code or the Yonkers Fire and Building Code from making any lawful
inspection, examination or survey or from performing any other lawful
act authorized pursuant to the New York Uniform Code or the Yonkers
Fire and Building Code.
[Amended 7-18-1996 by L.L. No. 5-1996]
Violation of any applicable provision of the New York Uniform
Code, the Yonkers Fire and Building Code or any other applicable statute,
law, ordinance, code, rule or regulation shall be grounds for suspension
or revocation of a permit, license, certificate or approval.