[Adopted 3-20-2023 by L.L. No. 1-2023]
This article provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Village/Town of Mount Kisco. This article
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 article, all buildings,
structures, and premises, regardless of use or occupancy, are subject
to the provisions of this article.
As used in this article, 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 INSPECTOR
The Building Inspector appointed pursuant to Subsections
A and
C of §
51-20 of this article and shall also mean the Code Enforcement Officer appointed pursuant to Subsection
B of §
51-3 of this article.
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 article.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to Subsection
B of §
51-3 of this article and also mean the Building Inspector pursuant to Subsections
A and
C of §
51-20 of this article.
CODES
The Uniform Code and Energy Code, and hereafter as amended
from time to time.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
FIRE CODE NEW YORK STATE (FCNYS)
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225 and hereafter as amended from time
to time.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
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.
HAZARDOUS PRODUCTION MATERIALS
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.
INSPECTOR
An inspector appointed pursuant to §
51-3 of this article.
MOBILE FOOD PREPARATION VEHICLES
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.
OPERATING PERMIT
A permit issued pursuant to §
51-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this article.
ORDER TO REMEDY
An order issued by the Code Enforcement Officer pursuant to Subsection
A of §
51-17 of the Village Code.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes 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.
STRUCTURE
As defined in §
110-59 of the Code of the Village/Town of Mount Kisco.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
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.
VILLAGE
The Village/Town of Mount Kisco.
The chief of any fire department providing firefighting services
for a property within the Village shall promptly notify the Code Enforcement
Officer 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 the Village shall be identified and addressed in
accordance with the following procedures:
A. Unsafe buildings. All buildings or structures which are structurally
unsafe, unsanitary or not provided with adequate egress or which constitute
a fire hazard or are otherwise dangerous to human life or which, in
relation to existing use, constitute a hazard to safety or health
by reason of inadequate maintenance, dilapidation, obsolescence or
abandonment are, severally, for the purpose of this section, unsafe
buildings. All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedure of this section.
B. The Building Inspector shall examine or cause to be examined every
building reported as unsafe or damaged and shall make a written record
of such examination.
C. Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building as defined in this section, they shall, in the same manner as provided for the service of stop-work orders in §
51-6, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.
D. Equipment and material test. 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 Building Inspector may require the same to be
subjected to tests in order to furnish proof of such compliance.
E. If the Building Inspector finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require the building, structure or portion thereof to be
vacated forthwith and not reoccupied until the specified repairs and
improvements are completed, inspected and approved by the building
official. The Building Inspector shall cause to be posted at each
entrance to such building a notice: "THIS BUILDING IS UNSAFE, AND
ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR."
Such notice shall remain posted until the required repairs are made
or demolition is completed. It shall be unlawful for any person, firm
or corporation or their agents or other servants to remove such notice
without written permission of the Building Inspector or for any person
to enter the building, except for the purpose of making the required
repairs or of demolishing same.
F. In case the owner, agent or person in control cannot be found within
the stated time limit or if such owner, agent or person in control
shall fail, neglect or refuse to comply with the notice to repair,
to rehabilitate or to demolish and remove such building or structure
or portion thereof, the Village Counsel shall be advised of all the
facts in the case and shall institute an appropriate action in the
courts to compel compliance.
G. In cases of emergency which, in the opinion of the Building Inspector,
involve imminent danger to human life or health, they shall promptly
cause such building, structure or portion thereof to be made safe
or removed. For this purpose, the Building Inspector may at once enter
such structure or land on which it stands or abutting land or structure
with such assistance and at such cost as may be necessary. The Building
Inspector may vacate adjacent structures and protect the public by
appropriate barricades or such other means as may be necessary and
for this purpose may close a public or private way.
H. Costs incurred under Subsections
F and
G of this section shall be paid out of the municipal treasury on certificate of the Building Inspector. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.
The Code Enforcement Officer 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 article,
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 Code Enforcement Officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
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 notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
51-17, Violations; penalties for offenses, of this article;
C. If appropriate, issuing a stop-work order; and
D. 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.
Chapter
A112 of the Village Code is the fee schedule established by resolution of the Board of Trustees of the 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 Code Enforcement Officer described in or contemplated by this article.
The Board of Trustees of the Village may, by resolution, authorize
the Village Manager of the Village to enter into an agreement, in
the name of the Village, with other governments to carry out the terms
of this article, 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 article 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
article.
This article 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.