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:
ASSEMBLY AREA
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.
BUILDING PERMIT
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.
CERTIFICATE OF USE AND OCCUPANCY
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.
CONDITION ASSESSMENT
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.
DETERIORATION
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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
FCNYS
The Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225.
PARKING GARAGE
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:
A. 
Buildings in which the only level used for parking or storage of motor vehicles is on grade;
B. 
An attached or accessory structure providing parking exclusively for a detached one-or two-family dwelling; and
C. 
A townhouse unit with attached parking exclusively for such unit.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
PMCNYS
The Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
UNSAFE CONDITION
Includes the conditions identified as "unsafe" in Sections 304.1.1, 305.1.1, and 306.1.1 of the PMCNYS.
UNSAFE STRUCTURE
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:
(1) 
Painting, wallpapering, tiling, carpeting, or other similar finish work.
(2) 
Features which are incorporated and used in connection with the landscape development of the premises, except for such features as are regulated by Chapters 254, 310 and A317.
(3) 
The replacement of plumbing fixtures without altering or disturbing any water supply, drainage or vent pipe other than for actual connection to such fixture.
(4) 
The removal of plumbing-caused stoppages.
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.
C. 
The exemption from the requirement to obtain a building permit for work in any category set forth in § 132-9A or B of this chapter shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code or the Village Code.
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 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.