A.
The provisions of this chapter shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy,
location, maintenance, removal and demolition of every building or
structure or any appurtenances connected or attached to such buildings
or structures.
B.
This chapter is intended to provide minimum requirements to safeguard
the public safety, health and general welfare through structural strength,
means of egress facilities, stability, sanitation, adequate light
and ventilation, energy conservation, and safety to life and property
from fire and other hazards attributed to the built environment.
C.
The provisions of this chapter provide for the administration and
enforcement of the New York State Uniform Fire Prevention and Building
Code (hereinafter the "Uniform Code") and the State Energy Conservation
Construction Code (hereinafter the "Energy Code") in the Village of
Scarsdale.
D.
Where, in any specific case, different sections of this chapter specify
different materials, methods of construction or other requirements,
the most restrictive shall govern. Where there is a conflict between
a general requirement and a specific requirement, the specific requirement
shall be applicable.
E.
The provisions of this chapter shall not be deemed to nullify any
provisions of local, state or federal laws and regulations. References
to chapter or section numbers, or to provisions not specifically identified
by number, shall be construed to refer to such chapter, section or
provision of this chapter.
F.
The standards referenced in this chapter shall be considered part
of the requirements of this chapter to the prescribed extent of each
such reference. Where differences occur between provisions of this
chapter and reference standards, the provisions of this chapter shall
apply.
G.
In the event any part or provision of this chapter is held to be
illegal or void, this shall not have the effect of making void or
illegal any of the other parts or provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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 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.
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.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
The Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
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:
The person to whom a building permit has been issued.
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 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The Residential Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1220.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
Includes the conditions identified as "unsafe" in Sections
304.1.1, 305.1.1, and 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 imminent.
A.
No building, structural, electrical or plumbing work shall be constructed,
altered, repaired, relocated, maintained or demolished except in compliance
with the provisions of the Uniform Code, current edition, and the
Village Code. The following provisions of this chapter are designed
to regulate, implement and complement compliance with this chapter.
B.
No existing building or structure shall continue to be used or occupied
except in compliance with the provisions of the above-cited codes
and the provisions of this chapter where such provisions are set forth
as applicable to existing buildings or structures.
C.
No building or structure shall be hereafter constructed, altered,
repaired, demolished or relocated except in compliance with the provisions
of this chapter.
D.
No existing building or structure shall continue to be used or occupied
except in compliance with the provisions of this chapter and with
those requirements that are set forth as applicable to existing buildings
or structures.
E.
No person shall use a torch or other flame-producing device for removing
paint from any building or structure.
F.
It shall be unlawful for any person to perform plumbing work as set
forth in this chapter or gas piping in any building or structure or
make connections with any sewer, drain, soil or waste pipe or to any
pipe connected therewith unless such person is in possession of a
current master plumber's license issued by the Westchester County
Plumbing Licensing Board.
G.
No person shall carry on or engage in the business of plumbing within
the Village unless such person is in possession of a current master
plumber's license issued by the Westchester County Plumbing Licensing
Board.
H.
It shall be unlawful for any person to perform electrical work as
set forth in this chapter or electrical-related work in any building
or structure or make connections with any electrical appurtenance
unless it is performed by a New York State licensed electrician.
I.
No person shall carry on or engage in the business of electrical
work in the Village unless such a person is in possession of a current
electrical business license issued by the Westchester County Electrical
Licensing Board.
Subject to approval of the Board of Trustees and the New York
State Codes Council, the Building Inspector, which for the purposes
of this chapter shall include, where applicable, Plumbing, Electrical,
Fire and Zoning Inspectors, shall have the power to impose additional
requirements not specifically covered by this chapter, deemed by him/her
to be essential for the safety of an existing or proposed building
or structure or essential for the safety of the occupants thereof.
The provisions of this chapter shall be deemed to be minimum
requirements. Where the provisions of any section of this Code or
law or any rule or regulation adopted hereunder or promulgated under
this chapter are more stringent than this chapter, the more restrictive
requirements shall control.
The Water Department is empowered to formulate and adopt rules and regulations with respect to procedures and such other matters dealing with water supply systems as are within the jurisdiction of the Water Department, pursuant to Chapter A320 of this Code and subject to the approval of such rules and regulations by the Board of Trustees.
A.
Fees for building, plumbing, electrical, demolition and Fire Department
permits, certificates or condition assessments, including all associated
inspections and deposits, shall be established by resolution of the
Village Board of Trustees. All fees and deposits shall be paid to
the appropriate Village department before issuance of any permit.
B.
No fee paid under the provisions of this chapter for permits shall
be refunded except as follows:
(1)
If the application is withdrawn prior to examination, 80% of the
fee paid shall be refunded to the applicant.
(2)
If the application is withdrawn after the examination of plans and
before excavation and construction are commenced, 1/2 of the standard
fee paid shall be refunded. All requests for refunds must be submitted
to the Building Department within six months of the application date.
A.
Except where specifically exempted by the provisions of this chapter,
no building or structure shall be constructed, altered, repaired,
demolished or relocated, nor shall any electrical, heating or plumbing
equipment of any building, structure or premises be installed, nor
shall any wall, fence, sign or other structure be erected in violation
of the provisions of this chapter and until an application has been
made and a building permit or other written approval thereof has been
issued by the Building Inspector.
B.
Building, plumbing and electrical permits shall expire six months
after the date of issuance unless the work covered by the permit has
been started and shall expire, in any event, two years 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 Building Inspector.
C.
All applications and subsequent modifications for building, electrical,
plumbing and any other work governed by this chapter shall consist
of such floor plans and sections as may be necessary to show clearly
all the work proposed to be done.
A.
The following may be permitted by the Building Inspector without the application required pursuant to § 132-8:
B.
No permit shall be required for the storage, handling or use of any
Class I, Class II or Class III liquids under the following circumstances:
(1)
The storage of a quantity not exceeding 6 1/2 gallons of any
Class I, Class II or Class III liquid in portable containers, when
such storage occurs in one- or two-family dwellings or structures
accessory thereto.
(2)
The installation of storage tanks for Class II or Class III liquids
when such liquids are used solely as fuel oil for oil burner service
as an element in the heating system of a building.
(3)
The storage or use of Class I or Class II liquids in the fuel tank
of a motor vehicle, motorboat, mobile power plant or mobile heating
plant.
(4)
The storage or use of paints, varnishes, lacquers or similar materials
when such liquids are stored for maintenance, painting or similar
purposes for a period not in excess of 30 days.
Except as set forth in § 132-9, no person shall engage in any of the following uses or activities without having first obtained a permit for such use or activity from the Fire Department:
A.
The storage, in portable containers, of any Class I, Class II or
Class III liquid.
B.
The installation or removal of a storage tank intended to contain
motor fuel (either Class I or Class II liquid) or a Class I liquid
for any purpose.
C.
The installation, maintenance, removal or use of equipment designed
to dispense Class I or Class II liquids.
D.
The installation or removal of a storage tank intended to contain
liquefied petroleum gas when such tank has a water capacity in excess
of 200 gallons.
E.
The storage, in any quantity, of toxic or flammable fumigants and
thermal insecticidal fogging liquids.
F.
The engaging in the process of fumigation or thermal insecticidal
fogging.
G.
The establishment, maintenance or use of an area of public assembly.
H.
The establishment, maintenance or use of a dry-cleaning plant.
I.
The erection, maintenance or use of a tent, booth or air-supported
structure having a floor area in excess of 120 square feet or, regardless
of size, any such structure to which the public has access.
J.
The storage or display of natural Christmas trees for sale.
K.
The conducting of a public display of fireworks.
The continuation of occupancy or use of a building or structure,
or of a part thereof, contrary to the provisions of this chapter and
the building permit shall be deemed a violation and subject to the
penalties herein provided.
The legal use and occupancy of a building or structure which
exists upon the effective date of this chapter or for which it has
been heretofore approved may continue without change, except as may
be specifically required in this chapter or as may be deemed necessary
by the Building Inspector for the general safety and welfare of the
occupants and the public.
It shall be unlawful to make any changes in the use or occupancy
of any building or structure which would subject it to any provision
of this chapter without approval of the Building Inspector and his/her
certification that such change does not result in any greater hazard
to public safety or welfare.
An existing building or structure may be altered, repaired and relocated, or converted to other uses, only in conformity with the provisions of this chapter and subject to the application for and issuance of a building permit and issuance of a certificate of use and occupancy. An existing building or structure may not be demolished except in accordance with the provisions of Chapter 182, Historic Preservation, of this Code.
The chief of any fire department providing firefighting services
for a property within the Village shall promptly notify the Building
Inspector of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
The Building Inspector 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, the Village
Code, or any regulation adopted for administration and enforcement
of the Uniform Code or the Energy Code. The process for responding
to a complaint shall include the following steps as the Building Inspector
may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation.
B.
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 a notice of the violation and opportunity to abate, correct or
cure the violation.
C.
If appropriate, issuing a stop-work order or notice of unsafe structure
if deemed appropriate by the Building Inspector.
A.
The Building Inspector shall keep official records of all transactions
and activities conducted by 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 condition assessment reports received;
(7)
All fees charged and collected; and
(8)
All other features and activities specified in or contemplated by
this chapter.
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 Building Inspector 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.
B.
The Building Inspector 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.
