[HISTORY: Adopted by the Board of Trustees
of the Village of Ardsley 11-21-2022 by L.L. No. 8-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 64,
Building Construction, adopted 11-1-1955, as amended in its entirety 1-2-2007 by L.L. No. 1-2007.
A.
This chapter is to be known and cited as the "Building Code of the
Village of Ardsley," hereinafter referred to as the "code."
B.
This code 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 this Village. This chapter is adopted pursuant to § 10
of the Municipal Home Rule Law. Except as otherwise provided in the
Uniform Code, the Energy Code, other state law, or other section of
this chapter, all buildings, structures, and premises within the Village
of Ardsley, regardless of use or occupancy, are subject to the provisions
this code.
In this chapter, the following terms shall have the meanings
shown in this section:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
The Assistant Building Inspector appointed pursuant to § 64-5D of this chapter.
The Building Inspector appointed pursuant to § 64-5D of this chapter.
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
A document issued by the Village stating that work was done
in compliance with approved construction documents and the codes.
A document issued by the Village of Ardsley certifying that
the building or structure, or portion thereof, complies with the approved
construction documents that have been submitted to, and approved by,
the Village, and indicating that the building or structure, or portion
thereof, is in a condition suitable for occupancy.
Superintendent of Buildings, Building Inspector, Assistant
Building Inspector and all inspectors appointed pursuant to this chapter.
The Uniform Code and Energy Code.
A temporary or conditional certificate issued pursuant to § 64-11G of this chapter.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
The Fire Safety Inspector appointed pursuant to § 64-5D of this chapter.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector appointed pursuant to this chapter.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 64-14 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.
An order issued by the Superintendent of Buildings pursuant to § 64-21 of this chapter.
The person to whom a building permit has been issued. "Person"
shall include an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 64-10 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
The Superintendent of Buildings appointed pursuant to § 64-5B of this chapter.
A temporary or conditional certificate issued pursuant to § 64-11G of this chapter.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
The Village of Ardsley.
A notice issued by the Superintendent of Buildings pursuant to § 64-21 of this chapter.
Any and all appointments to be made pursuant to this code shall
be made by the Village Manager or the Acting Manager or, in the event
that there is no provision in the Village government for a Village
Manager, then by the chief administrative official of the Village,
said appointments to be made subject to the approval of the Board
of Trustees.
A.
There is hereby established in the Village of Ardsley a department
to be designated as the Building Department for the administration
and enforcement of the provisions of all laws, ordinances, rules,
regulations and orders applicable to the location, design, materials,
construction, alteration, repair, equipment, maintenance, use, occupancy,
removal and demolition of buildings and structures and their appurtenances
located in the Village of Ardsley.
B.
The Building Department shall be headed by a Village official designated
as the Superintendent of Buildings.
A.
The Superintendent of Buildings shall be a person who shall have
had at least five years' experience as a licensed professional
engineer or architect, building inspector, building contractor, supervisor
of building construction, or in fire prevention and 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 for code enforcement personnel, and the
Superintendent of Buildings shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder. The Superintendent of Buildings shall administer
and enforce all the provisions of the Uniform Code, the Energy Code,
and this chapter. The Superintendent of Buildings shall have the following
powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Superintendent of Buildings may determine to be appropriate
building permits, certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To issue orders pursuant to this chapter;
(7)
To maintain records;
(8)
To collect fees as set by the Village Board of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code, and this chapter, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code, or this chapter;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Superintendent of Buildings by this chapter.
B.
The Superintendent of Buildings shall be appointed by the Village
Manager for a term of one year at a compensation to be fixed by the
Village Board. He shall not be removed from office except for cause
after a public hearing on specific charges before the Village Board
in compliance with civil service regulations. The Superintendent of
Buildings shall possess background experience related to building
construction or fire prevention and 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 for code enforcement personnel, and the Superintendent of
Buildings shall obtain certification from the Department of State
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Superintendent of Buildings is unable to serve
as such for any reason, another individual shall be appointed by the
Village Manager to serve as Acting Superintendent of Buildings. The
Acting Superintendent of Buildings shall, during the term of their
appointment, exercise all powers and fulfill all duties conferred
upon the Superintendent of Buildings by this chapter.
D.
One or more inspectors, including a Building Inspector, Assistant
Building Inspector, Plumbing Inspector, Sanitary Sewer Inspector,
Fire Inspector and Oil and Gas Burner Installation Inspector, may
be appointed by the Village Manager to act under the supervision and
direction of the Superintendent of Buildings and to assist the Superintendent
of Buildings in the exercise of the powers and fulfillment of the
duties conferred upon the Superintendent of Buildings by this chapter.
Each inspector 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 for code
enforcement personnel, and each inspector shall obtain certification
from the Department of State pursuant to the Executive Law and the
regulations promulgated thereunder.
E.
The compensation for the Superintendent of Buildings and Code Enforcement
Personnel shall be fixed from time to time by the Village Board of
this Village.
F.
No officer or employee of the Building Department shall engage in
any activity inconsistent with his duties or with the interests of
the Building Department; this shall not be so interpreted as to prevent
such inspectors from furnishing labor, materials or appliances for
the construction, alteration or maintenance of a building or the preparation
of plans or specifications thereof within the Village of Ardsley.
However, no officer or employee shall inspect or approve or issue
any permits or certificates on any of the above conditions if he is
in any way connected or involved with the project.
G.
No official or employee of the Building Department shall, while acting
pursuant to the provisions of this code, be personally liable for
any damage that may accrue to persons or property as the result of
any act required or permitted in the discharge of his official duties,
provided that such acts are performed in good faith and without gross
negligence.
A.
Building permits required. Except as otherwise provided in § 64-6B of this chapter, 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, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney, or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Village.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
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 35
square feet;
(2)
Installation of swings and other playground equipment associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses);
(3)
Construction of temporary sets and scenery associated with motion
picture, television, and theater uses;
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances; or
C.
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 § 64-6B of this chapter shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Superintendent of Buildings. The application shall be signed
by the owner of the property where the work is to be performed or
an authorized agent of the owner. The application shall include such
information as the Superintendent of Buildings deems sufficient to
permit a determination by the Superintendent of Buildings 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 location, nature, extent, and scope of the proposed
work;
(2)
A description of the land on which the proposed work is to be done,
including the tax map number and street address;
(3)
Use or occupancy of all parts of this land and the occupancy classification
of any affected building or structure;
(4)
The full name and address of the owner and of the applicant, and
the names and addresses of their responsible officers if any of them
are corporations;
(5)
The valuation of the proposed work;
(6)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(7)
At least three sets of construction documents (drawings and/or specifications)
which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the Codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information, including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal, which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number and
such other information as may reasonably be required by the Superintendent
of Buildings to establish compliance of the proposed work with the
requirements of the applicable building laws, ordinances and regulations.
Construction documents will not be accepted as part of an application
for a building permit unless they satisfy the requirements set forth
in this chapter. Construction documents which are accepted as part
of the application for a building permit shall be marked as accepted
by the Superintendent of Buildings in writing or by stamp, or in the
case of electronic media, an electronic marking. One set of the accepted
construction documents shall be retained by the Superintendent of
Buildings, and one set of the accepted construction documents shall
be returned to the applicant with the building permit to be kept at
the work site so as to be available for use by the Superintendent
of Buildings personnel. However, the return of a set of accepted construction
documents to the applicant shall not be construed as authorization
to commence work, nor as an indication that a building permit will
be issued. Work shall not be commenced until and unless a building
permit is issued.
A.
An application for a building permit shall be examined to ascertain
whether the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code. The Superintendent of Buildings
shall issue a building permit if the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
B.
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.
C.
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 the Superintendent of Buildings of
any change occurring during the course of the work. The building permit
shall contain such a directive. If the Superintendent of Buildings
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.
D.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within 12 months following the date of issuance.
Building permits shall expire 24 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Superintendent of Buildings.
E.
Revocation or suspension of building permits. If the Superintendent
of Buildings determines that a building permit was issued in error
because of incorrect, inaccurate, or incomplete information, or that
the work for which a building permit was issued violates the Uniform
Code or the Energy Code, or where the person to whom a building permit
has been issued fails or refuses to comply with a stop-work order
issued by the Superintendent of Buildings, the Superintendent of Buildings
shall revoke the building permit or suspend the building permit until
such time as the permit holder demonstrates that all work then completed
is in compliance with all applicable provisions of the Uniform Code
and the Energy Code and that all work then proposed to be performed
shall be in compliance with all applicable provisions of the Uniform
Code and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Superintendent of Buildings or by an inspector authorized by the Superintendent of Buildings. The permit holder shall notify the Superintendent of Buildings when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building, 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)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factory-manufactured buildings
and manufactured homes;
(11)
A final inspection after all work authorized by the building permit
has been completed; and
(12)
Other inspections as determined necessary by the Superintendent of
Buildings.
C.
Remote inspections. At the discretion of the Superintendent of Buildings
or inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Superintendent of Buildings or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Superintendent of Buildings or by such
authorized inspector that the elements of the construction process
conform with the applicable requirements of the Uniform Code and Energy
Code. Should a remote inspection not afford the Superintendent of
Buildings or such authorized inspector sufficient information to make
a determination, an in-person inspection shall be performed.
D.
Any officer or employee of the Building Department, upon the showing
of proper credentials and in the discharge of his duties, may enter
upon any building, structure or premises at any reasonable hour, and
no person shall interfere with or prevent such entry.
E.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work
not in compliance with any applicable provision of the Uniform Code
or Energy Code shall remain exposed until such work shall have been
brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
F.
Compliance tests. Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Superintendent of Buildings may require the same
to be subjected to tests at the expense of the owner, in order to
furnish proof of such compliance.
A.
Authority to issue. The Superintendent of Buildings is authorized
to issue stop-work orders pursuant to this section. The Superintendent
of Buildings shall issue a stop-work order to halt:
(1)
Any work that is determined by the Superintendent of Buildings to
be contrary to any applicable provision of the Uniform Code or Energy
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
in the opinion of the Superintendent of Buildings, 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.
B.
Content of stop-work orders. Stop-work orders shall be in writing,
be dated and signed by the Superintendent of Buildings, state the
reason or reasons for issuance, and, if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
C.
Service of stop-work orders. The Superintendent of Buildings 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 certified mail. The
Superintendent of Buildings shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder, and any other
person performing, taking part in, or assisting in the work shall
immediately cease all work which is the subject of the stop-work order,
other than work expressly authorized by the Superintendent of Buildings
to correct the reason for issuing the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in § 64-10A of this chapter, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under §§ 64-21, 64-22 and 64-23 of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
No building or structure hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Superintendent of Buildings.
B.
No building or structure hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building permit shall continue to be occupied or used for more
than 30 days after the completion of the alteration or work unless
a certificate of occupancy for the same shall have been issued by
the Superintendent of Buildings.
C.
No change shall be made in the use or type of occupancy classification
or subclassification of an existing building or structure unless a
certificate of occupancy shall have been issued by the Superintendent
of Buildings.
D.
Certificates of occupancy and 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, which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
E.
Issuance of certificates of occupancy and certificates of compliance.
The Superintendent of Buildings shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Superintendent of Buildings or an inspector authorized by
the Superintendent of Buildings shall inspect the building, structure,
or work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, 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 Superintendent of Buildings, at the expense of the applicant
for the certificate of occupancy or certificate of compliance, shall
be provided to the Superintendent of Buildings prior to the issuance
of the certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory-manufactured
buildings and/or manufactured homes.
F.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance 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 (if any), address and tax map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit;
(9)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required; and
(10)
The signature of the Superintendent of Buildings issuing the
certificate of occupancy or certificate of compliance and the date
of issuance.
G.
Temporary certificate of occupancy. Except for one- and two-family
dwellings, multifamily dwellings, and townhouses, the Superintendent
of Buildings 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. However, in no event shall the Superintendent
of Buildings issue a temporary certificate of occupancy unless the
Superintendent of Buildings 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 required fire and life safety
components, such as fire protection equipment and fire, smoke, carbon
monoxide, and heat detectors and alarms are installed and operational,
and 3) that all required means of egress from the structure have been
provided. The Superintendent of Buildings may include in a temporary
certificate of occupancy such terms and conditions as he or she deems
necessary or appropriate to ensure the health and safety of the persons
occupying and using the building or structure and/or performing further
construction work in the building or structure. A temporary certificate
of occupancy shall be effective for a period of time, not to exceed
six months, which shall be determined by the Superintendent of Buildings
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 Uniform Code and the Energy Code.
H.
For one- and two-family dwellings, multifamily dwellings, and townhouses,
the Superintendent of Buildings shall be permitted to issue a conditional
certificate allowing the temporary and conditional occupancy of a
building or structure, or a portion thereof, prior to the completion
of all site work such as final grading and landscaping only when climatic
conditions prevent the proper completion of such site work. In no
event shall the Superintendent of Buildings issue a conditional certificate
unless the Superintendent of Buildings determines that all of the
work on the building has been completed in full compliance with the
Uniform Code, the Energy Code, and the approved plans.
I.
Revocation or suspension of certificates. If the Superintendent of
Buildings determines that a certificate of occupancy, certification
of compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect information, and if the relevant
deficiencies are not corrected to the satisfaction of the Superintendent
of Buildings within such period of time as shall be specified by the
Superintendent of Buildings, the Superintendent of Buildings shall
revoke or suspend such certificate.
The Chief of any fire department providing firefighting services
for a property within this Village shall promptly notify the Superintendent
of Buildings of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney, or gas vent.
Unsafe buildings, structures, and equipment and conditions of
imminent danger in this Village shall be identified and addressed
in accordance with the following procedures.
A.
The Superintendent of Buildings shall cause an inspection to be made
by himself, an inspector under his jurisdiction or a person specially
designated by him in writing for the purpose, of any building or structure,
standing or collapsed, of any kind whatsoever, which he has reason
to believe is or may be dangerous or unsafe to the public from any
cause whatsoever, and shall require the person making such inspection
to submit a written report of his findings and evaluation of the hazards.
If such inspection is made by a person other than the Superintendent
of Buildings, such report shall be reviewed by said Superintendent
and by him endorsed in writing with his comments, approval or disapproval,
if any, but shall in any event be so endorsed as to indicate that
the same has been reviewed by said Superintendent.
B.
Such report by, or endorsed by, the Superintendent of Buildings shall
be submitted to the Board of Trustees at its next regular or special
meeting. If no meeting of the Board of Trustees is scheduled to take
place within the 15 days next following the signing or endorsement
of such report by said Superintendent, the Village Clerk shall, upon
notice from the Superintendent that such report is ready for submission,
transmit copies of such report to the Mayor and to each Trustee within
four days following such notice.
C.
The Board of Trustees shall, not later than at its regular or special
meeting next following the meeting at which it receives such report:
(1)
Disapprove said report and direct that no further action be taken
thereon;
(2)
Direct that a further investigation be conducted with respect to specified items and set the date by which a report of such further investigation shall be submitted to the Board of Trustees (and Subsection B above and this Subsection C shall apply to such further report in the same manner as to the initial report); or
(3)
Direct that the procedure hereinafter set forth be instituted forthwith,
provided that the failure of the Board of Trustees to take any such
action within the time hereinabove limited shall not deprive the Board
of Trustees of authority to take such action thereafter.
D.
Whenever the Board of Trustees shall have directed that the procedure
herein set forth be instituted, the Superintendent of Buildings or,
if there is none or if he is unavailable, the Village Manager or,
if there is none or if he is unavailable, the Village Clerk or, if
he is unavailable, the Village Counsel, shall cause a notice to be
prepared and served:
(1)
Personally upon the owner or any one of the owner's executors,
legal representatives, agents, lessees or upon any other person having
any vested or contingent interest in the premises, or by registered
mail addressed to the last known address, if any, of such owner or
any such person as shown by the records of any Receiver of Taxes or
County Clerk or County Register, and, if so served by registered mail,
a copy shall be posted upon the building or structure or one of them.
(2)
Containing a description of the premises sufficient to enable the
recipient of said notice to identify the premises referred to; a statement
of the particulars in which the building or structure is unsafe or
dangerous; an order in the name of the Village requiring the building
or structure to be made safe and secure in all such particulars or
removed; a statement of the time within which compliance with such
order must be commenced, which time may be set by the officer causing
such notice to be prepared at not less than four nor more than 12
days unless the Board of Trustees directs otherwise; a statement of
the time within which compliance with such order must be completed,
which time may be set by such officer at not more than seven days
in excess of his estimate of the time required for such compliance
plus the time allowed for commencement of compliance unless the Board
of Trustees directs otherwise; a statement of the provisions hereinafter
set forth with respect to the making of a survey and the posting thereof
and the application to be made to the Supreme Court; and a statement
of the provisions hereinafter set forth with respect to the assessment
of costs and expenses against the land.
E.
Whenever a notice has been served in accordance with Subsection D above and the person so served neglects or refuses to comply with the same, a survey shall be made by:
(1)
An official of the Village and, unless the Board of Trustees directs
otherwise, such official shall be the Village Manager;
(2)
A practical builder, engineer or architect and, unless the Board
of Trustees directs otherwise, such person shall be the Superintendent
of Buildings or, if he is unavailable, the Chairman of the Village
Planning Board; and
(3)
A practical builder, engineer or architect appointed by the person notified in accordance with Subsection D above; provided, however, that if the person so notified refuses or neglects to appoint such third surveyor by the time such survey commences, the first two surveyors shall make such survey.
F.
Such survey shall be commenced not less than two nor more than six
days after, and excluding, the day upon which the first neglect or
refusal to comply with the notice occurs, provided that the failure
of the Village to commence such survey within such time shall not
deprive the Village of the authority to commence such survey thereafter.
Not later than two days after, and excluding, the day on which such
survey is completed, the surveyors or a majority of them shall file
in the office of the Village Clerk, in duplicate, an original signed
report of their findings and conclusions as to the existence of any
unsafe or dangerous conditions; a dissenting minority of the surveyors
may, but is not required to, file a separate report in the same manner;
a copy of each such report shall be furnished to the Village Counsel
on the same day the same is received by the office of the Village
Clerk, if possible, or as soon thereafter as is possible; a signed
duplicate of the report of the surveyors or a majority of them shall
be posted on the same day or the following day upon the building or
structure.
G.
Not less than five nor more than 10 days after, but excluding, the
day on which the report of the surveyors or of a majority of them
is filed in the office of the Village Clerk, if such report shows
any unsafe or dangerous condition, the Village Counsel shall make
an application at a special term of the Supreme Court of the State
of New York, Westchester County, for an order determining the building
or other structure to be a public nuisance and directing that it be
repaired and secured or taken down and removed, and the Village Counsel
shall take all steps necessary to obtain and enforce such order, provided
that the Board of Trustees may designate special counsel to act in
the place and stead of the Village Counsel, and provided, further,
that if the unsafe or dangerous condition is repaired and secured
or the building or structure taken down and removed and payment made
to the Village of all costs and expenses as hereinafter set forth,
all prior to the presentation of such application to the Supreme Court,
the Board of Trustees may direct the Village Counsel or special counsel
to cease proceedings pursuant to this section.
H.
In the event that an order is obtained pursuant to Subsection G above requiring any person to repair or secure or to take down or remove any building or structure and such order is not complied with within the time provided in such order or, in the absence of such time limit in such order, within 10 days after service of a copy of such order in the manner provided in such order or, in the absence of a provision in such order for the manner of service thereof, in the manner provided by Subsection D above for the service of a notice if such person has not appeared upon such application to said court, and otherwise by service in the same manner as provided by law for the service of a notice of motion in an action in the Supreme Court of the State of New York, the Village may so repair or secure or take down or remove such building or structure as if it were the person to whom such order were directed, or may take any steps or proceedings authorized by law for the enforcement of such order, or both.
I.
No costs or expenses shall be assessed against any person or land upon strict compliance with a notice issued pursuant to Subsection D above. In any other event, the Village Treasurer shall, within six months after the completion of all legal and physical proceedings pursuant to this chapter against any structures or buildings upon any land, certify to the Board of Trustees the total of all costs and expenses, including all allocated portions of overhead and salaries, incurred or expended pursuant to all sections of this chapter other than Subsections A, B, C and D, and the Board of Trustees shall thereupon, by resolution and without public hearing or other proceedings, declare such total to be a special assessment upon and against the land on which such buildings or structures are or were located, such assessment to be a lien and to be collectible and enforceable in the same manner and by the same procedures as apply to general or other special assessments.
J.
Each surveyor shall receive compensation for each day or fraction
thereof devoted to surveying the premises, which compensation shall
include all services rendered thereafter in the preparation of reports,
provided that the compensation so paid to any surveyor who is a full-time
employee of the Village shall be paid over by him to the Village Treasurer
to be added to the general funds of the Village as income or receipts
of the Building Department.
A.
Operating permits shall be required for conducting the activities or using the categories of buildings listed below and as listed in § 112-33D. Any person who proposes to undertake any activity or to operate any type of building listed in this subsection shall be required to obtain an operating permit prior to commencing such activity or operation.
(1)
Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(2)
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, Combustible Dust-Producing Operations. Facilities
where the operation produces combustible dust;
(b)
Chapter 24, Flammable Finishes. Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c)
Chapter 25, Fruit and Crop Ripening. Operating a fruit- or crop-ripening
facility or conducting a fruit-ripening process using ethylene gas;
(d)
Chapter 26, Fumigation and Insecticidal Fogging. Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
(e)
Chapter 31, Tents, Temporary Special Event Structures, and Other
Membrane Structures. Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
(f)
Chapter 32, High-Piled Combustible Storage. High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;
(g)
Chapter 34, Tire Rebuilding and Tire Storage. Operating a facility
that stores in excess of 2,500 cubic feet of scrap tires or tire by-products
or operating a tire rebuilding plant;
(h)
Chapter 35, Welding and Other Hot Work. Performing public exhibitions
and demonstrations where hot work is conducted, use of hot work, welding,
or cutting equipment, inside or on a structure, except an operating
permit is not required where work is conducted under the authorization
of a building permit or where performed by the occupant of a detached
one- or two-family dwelling;
(i)
Chapter 40, Sugarhouse Alternative Activity Provisions. Conducting
an alternative activity at a sugarhouse;
(j)
Chapter 56, Explosives and Fireworks. Possessing, manufacturing,
storing, handling, selling, or using explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law § 270.00;
(k)
Section 307, Open Burning, Recreational Fires and Portable Outdoor
Fireplaces. Conducting open burning, not including recreational fires
and portable outdoor fireplaces;
(l)
Section 308, Open Flames. Removing paint with a torch, or using
open flames, fire, and burning in connection with assembly areas or
educational occupancies;
(m)
Section 319, Mobile Food Preparation Vehicles. Operating a mobile
food preparation vehicle in accordance with the permitting requirements
established by any local law in effect or as hereafter created and
amended from time to time; and
(n)
Energy storage systems, where the system exceeds the values
shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate
ratings in Section R327.5 of the RCNYS;
(3)
Buildings containing one or more assembly areas;
(4)
Outdoor events where the planned attendance exceeds 1,000 persons;
(5)
Facilities that store, handle or use hazardous production materials;
(7)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Village Board of the Village of Ardsley; and
(8)
Other processes or activities for operating any type of building,
structure, or facility as determined by resolution adopted by the
Village Board of the Village of Ardsley.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Superintendent of Buildings, Fire Chief or Fire Inspector.
Such application shall include such information as the Superintendent
of Buildings, Fire Chief or Fire Inspector deems sufficient to permit
a determination by the Superintendent of Buildings that quantities,
materials, and activities conform to the requirements of the Uniform
Code. If the Superintendent of Buildings, Fire Chief or Fire Inspector
determines that tests or reports are necessary to verify conformance,
such tests or reports shall be performed or provided by such person
or persons as may be designated by or otherwise acceptable to the
Superintendent of Buildings, Fire Chief or Fire Inspector, at the
expense of the applicant.
C.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in § 64-14A(1) through (6) of this chapter, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with § 64-15 (Fire safety and property maintenance inspections) of this chapter, and condition assessments are performed in compliance with § 64-17 (Condition assessments of parking garages) of this chapter, as applicable.
D.
Inspections. The Superintendent of Buildings or an inspector authorized
by the Superintendent of Buildings shall inspect the subject premises
prior to the issuance of an operating permit. Such inspections shall
be performed either in person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the discretion
of the Superintendent of Buildings or an inspector authorized by the
Superintendent of Buildings, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Superintendent of Buildings
or inspector authorized by the Superintendent of Buildings that the
premises conform with the applicable requirements of the Uniform Code
and the code enforcement program. Should a remote inspection not afford
the Village sufficient information to make a determination, an in-person
inspection shall be performed. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder shall be notified as to the manner
in which the premises fail to comply with either or both of the Uniform
Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
E.
Multiple activities. In any circumstance in which more than one activity listed in § 64-14 of this chapter is to be conducted at a location, the Superintendent of Buildings may require a separate operating permit for each such activity, or the Superintendent of Buildings may, in their discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits. Operating permits shall be issued
for a specified period of time consistent with local conditions, but
in no event to exceed as follows:
G.
The effective period of each operating permit shall be specified
in the operating permit. An operating permit may be reissued or renewed
upon application to the Superintendent of Buildings, Fire Chief or
Fire Inspector, payment of the applicable fee, and approval of such
application by the Superintendent of Buildings.
H.
Revocation or suspension of operating permits. If the Superintendent
of Buildings determines that any activity or building for which an
operating permit was issued does not comply with any applicable provision
of the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Superintendent
of Buildings or an inspector designated by the Superintendent of Buildings
at the following intervals:
(1)
At least once every 12 months for buildings which contain an assembly
area;
(2)
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities; and
(3)
At least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B.
Remote inspections. At the discretion of the Superintendent of Buildings
or inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Superintendent of Buildings
or such authorized inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Superintendent of Buildings
or such authorized inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Superintendent of Buildings or
such authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.
Inspections permitted. In addition to the inspections required by § 64-15A of this chapter, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Superintendent of Buildings or an inspector authorized to perform fire safety and property maintenance inspections at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Superintendent of Buildings of a written statement
alleging that conditions or activities failing to comply with the
Uniform Code or Energy Code exist; or
(3)
Receipt by the Superintendent of Buildings of any other information,
reasonably believed by the Superintendent of Buildings to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist;
|
provided, however, that nothing in this subsection shall be
construed as permitting an inspection under any circumstances under
which a court order or warrant permitting such inspection is required,
unless such court order or warrant shall have been obtained.
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D.
OFPC inspections.
(1)
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 or other authorized entity
under Executive Law § 156-e and Education Law § 807-b.
(2)
Notwithstanding any other provision of this section to the contrary,
the Superintendent of Buildings may accept an inspection performed
by the Office of Fire Prevention and Control or other authorized entity
pursuant to §§ 807-a and 807-b of the Education Law
and/or § 156-e of the Executive Law, in lieu of a fire safety
and property maintenance inspection performed by the Superintendent
of Buildings or by an inspector, provided that:
(a)
The Superintendent of Buildings is satisfied that the individual
performing such inspection satisfies the requirements set forth in
19 NYCRR 1203.2(e);
(b)
The Superintendent of Buildings is satisfied that such inspection
covers all elements required to be covered by a fire safety and property
maintenance inspection;
(c)
Such inspections are performed no less frequently than once
a year;
(d)
A true and complete copy of the report of each such inspection
is provided to the Superintendent of Buildings; and
A.
The Superintendent of Buildings shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law, ordinance, or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Superintendent of Buildings may deem to be appropriate:
(1)
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
(2)
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 64-21 (Violations) of this chapter;
(3)
If appropriate, issuing a stop-work order;
(4)
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.
B.
Appearance tickets. The Superintendent of Buildings and each inspector
are authorized to issue appearance tickets or summonses for any violation
of the Uniform Code, the Energy Code, or this chapter.
A.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure;
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component;
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations;
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as unsafe in Section 304.1.1,
Section 305.1.1, and Section 306.1.1 of the PMCNYS.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.
Condition assessments: general requirements. The owner or operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Village, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3)
Any parking garage constructed prior to the effective date of the
local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to six months after the effective
date of this chapter.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes
a recommendation by the responsible professional engineer that an
additional condition assessment of such parking garage, or any portion
of such parking garage, be performed before the date by which the
next periodic condition assessment would be required under this chapter,
the owner or operator of such parking garage shall cause such parking
garage (or, if applicable, the portion of such parking garage identified
by the responsible professional engineer) to undergo an additional
condition assessment no later than the date recommended in such condition
assessment report.
(2)
If the Village becomes aware of any new or increased deterioration which, in the judgment of the Village, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Village to be appropriate.
F.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Village within 30 days. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer, and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G.
Review condition assessment reports. The Village shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Village shall, by order to remedy or such other means of enforcement as the Village may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Village to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H.
The Village shall retain all condition assessment reports for the
life of the parking garage. Upon request by a professional engineer
who has been engaged to perform a condition assessment of a parking
garage, and who provides the Village with a written statement attesting
to the fact that he or she has been so engaged, the Village shall
make the previously prepared condition assessment reports for such
parking garage (or copies of such reports) available to such professional
engineer. The Village shall be permitted to require the owner or operator
of the subject parking garage to pay all costs and expenses associated
with making such previously prepared condition assessment reports
(or copies thereof) available to the professional engineer.
I.
This section shall not limit or impair the right or the obligation
of the Village:
(1)
To perform such construction inspections as are required by § 64-9 (Construction inspections) of this chapter;
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 64-15 (Fire safety and property maintenance inspections) of this chapter; and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Village by means of its own inspections or observations, by
means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
A.
The Superintendent of Buildings shall determine the climatic and
geographic design criteria for buildings and structures constructed
within this Village as required by the Uniform Code. Such determinations
shall be made in the manner specified in the Uniform Code using, where
applicable, the maps, charts, and other information provided in the
Uniform Code. The criteria to be so determined shall include but shall
not necessarily be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termites; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within
the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
B.
The Superintendent of Buildings shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Superintendent of Buildings, and shall make such record readily available to the public.
A.
The Superintendent of Buildings shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, 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, certificates of
compliance, 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 condition assessment reports received;
(9)
All fees charged and collected; and
B.
All such records shall be public records open for public inspection
during normal 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.
A.
The Superintendent of Buildings shall annually submit to the Village Board of this Village a written report and summary of all business conducted by the Superintendent of Buildings and the inspectors, including a report and summary of all transactions and activities described in § 64-19 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Superintendent of Buildings shall annually submit to the Secretary
of State, on behalf of this Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village relative to administration
and enforcement of the Uniform Code.
C.
The Superintendent of Buildings shall, upon request of the New York
State Department of State, provide to the New York State Department
of State true and complete copies of the records and related materials
this Village is required to maintain; true and complete copies of
such portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A.
Violation notices and orders to remedy. The Superintendent of Buildings
and each inspector 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 Uniform Code, the Energy
Code, or this chapter. Upon finding that any such condition or activity
exists, the Superintendent of Buildings or inspector shall issue a
violation notice. The violation notice shall be in writing, be dated
and signed by the Superintendent of Buildings or inspector, specify
the condition or activity that violates the Uniform Code, the Energy
Code, or this chapter, specify the provision or provisions of the
Uniform Code, the Energy Code, or this chapter which is/are violated
by the specified condition or activity and shall include a statement
similar to the following:
"The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedy
by _____ [specify date], which is 30 days after the date of this Order
to Remedy."
The order to remedy may include provisions ordering the person
or entity served with such order to remedy to begin to remedy the
violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or to take such other protective actions (such as vacating the
building or barricading the area where the violations exist) which
are authorized by this chapter or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Superintendent
of Buildings may deem appropriate, during the period while such violations
are being remedied. The Superintendent of Buildings shall cause the
order to remedy, or a copy thereof, to be served on the owner of the
affected property personally or by registered mail or certified mail
within five days after the date of the order to remedy. The Superintendent
of Buildings shall be permitted, but not required, to cause the order
to remedy, 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 or certified mail within five days after the date of the order
to remedy; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
The Superintendent of Buildings and each inspector are authorized
to issue appearance tickets or summonses for any violation of the
Uniform Code, the Energy Code, or this chapter.
In addition to such other penalties as may be prescribed by
state law:
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, use, occupy or maintain
any building or structure or portion thereof in violation of any provision
of the Uniform Code, the Energy Code, or this chapter or to fail in
any manner to comply with a notice, directive or order of the Superintendent
of Buildings 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, operating permit or certificate of occupancy or to
comply with any term, condition, or provision of any building permit,
certificate of occupancy, certificate of compliance, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Superintendent of Buildings pursuant to any provision of this
chapter.
B.
Any person, firm or corporation 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, upon
conviction thereof, be subject to a fine not less than $250 and not
more than $2,000 for the first offense in a twenty-four-month period,
not less than $500 and not more than $2,000 for the second offense
in a twenty-four-month period, not less than $750 and not more than
$2,000 for the third offense in a twenty-four-month period, and not
less than $1,000 and not more than $2,000 for the fourth and subsequent
offenses in a twenty-four-month period, or to imprisonment for a term
not exceeding 15 days, or both. The twenty-four-month period shall
commence on the date of the initial violation. Every violation shall
be a separate and distinct offense, and in the case of continued violation,
every day's continuance thereof shall be deemed to be a separate
and distinct offense. A violation of this chapter shall constitute
disorderly conduct.
C.
Any person, firm or corporation committing an offense against any
of the provisions of the Uniform Code, the Energy Code or this chapter
shall be guilty of a violation and, upon conviction thereof, shall
be subject to a fine not less than $250 and not more than $2,000 for
the first offense in a twenty-four-month period, not less than $500
and not more than $2,000 for the second offense in a twenty-four-month
period, not less than $750 and not more than $2,000 for the third
offense in a twenty-four-month period, and not less than $1,000 and
not more than $2,000 for the fourth and subsequent offenses in a twenty-four-month
period, or to imprisonment for a term not exceeding 15 days, or both.
The twenty-four-month period shall commence on the date of the initial
violation. Every violation shall be a separate and distinct offense,
and in the case of continued violation, every day's continuance
thereof shall be deemed to be a separate and distinct offense. A violation
of this chapter shall constitute disorderly conduct.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the Uniform Code, the Energy Code, this chapter,
or any term or condition of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy, or other notice or order issued
by the Superintendent of Buildings 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 Uniform Code, the Energy Code, this chapter, or any stop-work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this chapter, an action or proceeding may be commenced
in the name of this Village, in the Supreme Court or in any other
court having the requisite jurisdiction, to obtain an order directing
the removal of the building or structure or an abatement of the condition
in violation of such provisions. No action or proceeding described
in this subsection shall be commenced without the appropriate authorization
from the Village Board of this Village.
E.
Remedies not exclusive. 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, in § 64-10 (Stop-work orders) of this chapter, in any other section of this chapter, 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 remedy or penalty specified in this section, in § 64-10 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. 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.
A fee schedule shall be established by resolution of the Village
Board of this Village. Such fee schedule may thereafter be amended
from time to time by like resolution. 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, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections,
and other actions of the Superintendent of Buildings described in
or contemplated by this chapter.
The Village Board of this Village may, by resolution, authorize
the Superintendent of Buildings of this Village to enter into an agreement,
in the name of this Village, with other governments to carry out the
terms of this chapter, provided that such agreement does not violate
any provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
