[Amended 2-4-2009 by L.L.
No. 1-2009; 11-20-2023 by L.L. No. 12-2023]
As required by Part 1203 of Title 19 of the NYCRR, 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 of Larchmont. 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 sections
of this article, all buildings, structures, and premises, regardless
of use or occupancy, are subject the provisions of this article.
A.
Continuation of unlawful use. The continuation of occupancy or use of a building or structure, or a part thereof, contrary to the provisions of this code shall be deemed a violation and subject to the penalties prescribed in § 334-21.
B.
Continuation of existing use. Unless otherwise specified, the legal
use and occupancy of any structure existing on the date of adoption
of this code or for which it has been heretofore approved may be continued
without change, except as may be specifically covered in this code.
C.
Change in use. It shall be unlawful to make any changes in the use or occupancy of any structure of portion thereof which would subject it to any special provisions of this code without the approval of the Building Inspector pursuant to § 381-7 and the Building Inspector's certification that such structure meets the intent of the provisions of the law governing building construction for the proposed new use and occupancy, and that such change does not result in any greater hazard to public safety or welfare.
D.
Other regulations. When the provisions herein specified for health,
safety and welfare are more restrictive than other regulations, this
code shall control. In the event that this code conflicts with the
provisions of the Uniform Code or the Energy Code, the most rigid
requirements of either code shall apply.
A.
Partial invalidity. 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. Any invalidated part of this article
shall be segregated from the remainder of the code by the court holding
such part invalid, and the remainder shall remain effective.
B.
Decisions involving existing structures. The invalidity of any such
provision in any section of this article as applied to existing buildings
and structures shall not be held to affect the validity of such section
its application to buildings and structures hereafter erected.
A.
Enforcement officials. The Building Inspector, Fire Chief, and such
other personnel as may be appointed by the Village Board from time
to time shall be Enforcement Officials.
B.
Appointment. The Enforcement Officials shall be appointed by the
Village Board; and the Enforcement Officials shall not be removed
from office except for cause and after full opportunity to be heard
on specific and relevant charges by and before the Village Board.
The Enforcement Officials 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 enforcement
officials shall obtain certification from the Department of State
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
(Reserved)
D.
(Reserved)
E.
Relief from personal responsibility. The Building Inspector, his
assistant, Fire Chief, his deputy or other authorized officer or employee
charged with the enforcement of this code, the Uniform Code, and the
Energy Code, while acting for the Village shall not thereby be rendered
liable personally, and the Enforcement Official, officer or employee
is hereby relieved from all personal liability for any damage that
may accrue to persons or property as a result of any act required
or permitted in the discharge of official duties. Any suit instituted
against any officer or employee because of an act performed by that
person in the lawful discharge of duties and under the provisions
of this code shall be defended by the Village until the final termination
of the proceedings. The Enforcement Officials or any subordinates
shall not be liable for costs in any action, suit or proceeding that
may be instituted in pursuance of the provisions of this code; and
any officer of the Department of Building Inspection, acting in good
faith and without malice, shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in
the performance of official duties in connection therewith.
F.
Official records. An official record shall be kept of all business
and activities of the Department specified in the provisions of this
code.
A.
The Enforcement Officials shall administer all the provisions of
the Uniform Code, the Energy Code, and this article.
B.
The Enforcement Officials shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, temporary certificates of occupancy,
certificates of compliance, certificates of completion 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, temporary certificates of occupancy, certificates of
compliance, certificates of completion, and occupancy permits, and
to include in them terms and conditions as the Enforcement Official
may determine to be appropriate.
(3)
To conduct inspections, including but not limited to inspections
to be made prior to the issuance of certificates of occupancy, certificates
of compliance, temporary certificates of occupancy, certificates of
compliance, certificates of completion, 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 article.
(4)
To issue stop-work orders.
(5)
To review and investigate complaints.
(7)
To maintain records.
(8)
To collect fees as set by the Board of Trustees for the Village of Larchmont in accordance with § 334-22.
(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 article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
article.
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Enforcement Officials by this article.
C.
Credentials. The Enforcement Official and authorized representatives
shall carry proper credentials of their respective office for the
purpose of inspecting any and all buildings and premises in the performance
of duties under this code.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, 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. No personnel shall commence any work for which a building permit is required without first having obtained a building permit from the Village of Larchmont.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Ordinary repairs, provided that the work does not have an impact
on fire and life safety, such as i) any part of the structural system;
ii) the required means of egress; or iii) the fire-protection system
or the removal from service of any part of the fire-protection system
for any period of time. Repairs shall not include the cutting away
of any wall, partition or portion thereof, nor shall ordinary repairs
include addition to, alteration of, replacement or relocation of any
standpipe, water supply, sewer, drainage, drain leader, gas, soil,
waste, vent or similar piping, electric wiring or mechanical or other
work affecting public health or general safety.
(2)
Painting, wallpapering, tiling, carpeting, or other similar finish
work.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code and/or the Energy Code.
D.
Form of application. The application for a permit shall be signed and submitted in writing in such form as the building official may prescribe and shall be accompanied by the required fee as prescribed in § 334-22 and shall include a copy of the contractor's license, appropriate certificates of workmen's compensation insurance, contractor's liability insurance, and disability insurance, if applicable.
E.
By whom application is made. Application for a permit shall be made
by the licensed contractor retained by the owner or lessee of the
building or structure to perform the proposed work and shall be accompanied
by a duly verified affidavit of the owner or lessee of the building
or structure affirming that the person making the application for
the proposed work is authorized to make such application. The full
names and addresses of the owner, lessee, applicant, and of the responsible
officers, if the owner or lessee is a corporate body, shall be stated
in the application.
F.
Description of work. The application shall include such information
as the Building Inspector deems sufficient to permit a determination
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:
(1)
A description of the location, nature, extent, and scope of the proposed
work;
(2)
The Tax Map number and the street address of any affected building
or structure;
(3)
The occupancy classification of any affected building or structure;
(4)
A statement of special instructions prepared in accordance with the
provisions of the Uniform Code, where applicable; and
(5)
Any other information or documents that the Building Inspector deems
necessary to allow the Building Inspector to determine that the proposed
work conforms to the Uniform Code and Energy Code.
G.
Plans and specifications. The application for the permit shall be
accompanied by not fewer than two sets of construction documents (drawings
and/or specifications) which:
(1)
Describe the location, nature, extent, and scope of the proposed
work;
(2)
Show that the proposed work will conform to all applicable provisions
of the codes;
(3)
Show the location, construction, size, and character of all portions
of the means of egress;
(4)
Show a representation of the building thermal envelope;
(5)
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;
(6)
Show the proposed structural, electrical, plumbing, mechanical, fire-protection,
and other service systems of the building;
(7)
Include a written statement indicating compliance with the Energy
Code;
(8)
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;
(a)
In the case of demolition, the site plan shall show all construction
to be demolished and the location and size of all existing structures
and construction that are to remain on the site or plot.
(9)
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:
(a)
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;
(b)
The design professional's registration expiration date;
(c)
The design professional's firm name, if not a solo practitioner;
and
(d)
If the documents are submitted by a professional engineering
firm and not a solo practitioner professional engineer, the firm's
certificate of authorization number; and
(10)
Any other information and documentation that the Building Inspector
may deem necessary to allow the Building Inspector to determine that
the proposed work conforms to the codes.
H.
(Reserved)
I.
Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned six months after
the date of filing, unless such application has been diligently prosecuted
or a permit shall have been issued; except that for reasonable cause,
the Building Inspector may grant one or more extensions of time for
additional periods not exceeding 90 days each.
A.
Action on application. The Building Inspector shall examine or cause
to be examined all applications for permits and amendments thereto
within a reasonable time after filing. If the application or the plans
do not conform to the requirements of all pertinent laws, the Building
Inspector shall reject such application in writing, stating the reasons
therefor. If the Building Inspector is satisfied that the proposed
work conforms to the requirements of this code, the Uniform Code and
Energy Code, and all laws and ordinances applicable thereto, the Building
Inspector shall issue a permit therefor as soon as practicable.
B.
Revocation or suspension of permit. If the Building Inspector 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, Energy Code or any other law
or approval, the Building Inspector shall revoke the building permit
or suspend the building permit until such time as the permit holder
demonstrates that i) all work then completed is in compliance with
all applicable provisions of the Uniform Code and Energy Code and
ii) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code, Energy Code, and
all other laws and approvals.
C.
Time limits. Any permit issued shall become invalid if the authorized
work is not commenced and diligently pursued within six months after
issuance of the permit, or if the authorized work is suspended or
abandoned for a period of six months after the time of commencing
the work. A building permit shall expire after 12 months. At the discretion
of the Building Inspector, a building permit which has become invalid
or which has expired pursuant to this subsection may be renewed or
extended for additional periods up to 90 days upon application by
the permit holder, payment of the applicable fee, and approval of
the application by the Building Inspector.
D.
Previous approvals. This code shall not require changes in the plans,
construction or designated use of a building for which a lawful permit
has been heretofore issued or otherwise lawfully authorized, and the
construction of which has been actively prosecuted within 90 days
after the effective date of this chapter and is completed with dispatch.
E.
Signature to permit. The Building Inspector's signature shall
be attached to every permit; or the Building Inspector may authorize
a subordinate to affix such signature thereto.
F.
Approved plans. The Building Inspector shall stamp or endorse, in
writing, both sets of plans "Approved," and one set of such approved
plans shall be retained by the Building Inspector and the other set
shall be kept at the building site, open to inspection of the Building
Inspector or an authorized representative at all reasonable times.
G.
Approval of part. In their discretion, the Building Inspector may
issue a permit for the construction of foundations or any other part
of a building or structure before the entire plans and specifications
for the whole building or structure have been submitted, provided
adequate information and detailed statements have been filed complying
with all the pertinent requirements of this code. The holder of such
permit for the foundations or other part of a building or structure
shall proceed at the holder's own risk with the building operation
and without assurance that a permit for the entire structure will
be granted. Granting of such partial permit shall not constitute the
establishment of any vested interests to the permit holder or property
owner.
H.
Posting of permit. A true copy of the building permit shall be visibly
displayed at the work site and shall remain visible and available
for public inspection until the authorized work has been completed.
I.
(Reserved)
A.
Payment of fees. A permit shall not be issued until the fees prescribed in § 334-22 have been paid.
B.
(Reserved)
C.
Compliance with permit. Any building permit issued pursuant to this
article shall contain a statement indicating that all work shall be
performed in accordance with the approved building permit application
and plans for which the permit has been issued and approved amendments
thereto. In addition, a building permit shall include a directive
indicating that the permit holder must notify the Building Inspector
immediately if changes occur during construction.
D.
Compliance with site plan. All new work shall be located strictly
in accordance with the approved site plan.
E.
(Reserved)
F.
Workmanship. All work shall be conducted, installed and completed
in a workmanlike and acceptable manner so as to secure the results
intended by this code.
A.
(Reserved)
B.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by Building Inspector or by an inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection C of this section is ready for inspection.
C.
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;
(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 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)
Such other elements as the Building Inspector may determine.
D.
(Reserved)
E.
Right of entry.
(1)
The Building Inspector, in the discharge of his duties, shall have
the authority to enter any building or structure or premises at any
reasonable hour with the consent of the person in possession or occupancy.
(2)
If admission is refused or cannot by obtained from the person, in
possession or occupancy, the Building Inspector shall be authorized
to obtain a warrant to make an inspection, provided probable cause
is shown.
(3)
In case of an emergency, the Building Inspector may, without a warrant,
enter any premises, or parts of premises, to inspect the same, at
any time, without the permission of the person in possession or occupancy.
F.
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 the 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 has been
brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
G.
Remote inspections. At the discretion of the Building Inspector 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 Building Inspector 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 Building Inspector 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 Building Inspector or such authorized inspector
sufficient information to make a determination, an in-person inspection
shall be performed.
H.
(Reserved)
A.
Authority to issue. The Building Inspector is authorized to issue
stop-work orders pursuant to this section. Upon notice to the permit
holder or property owner, the Building Inspector may issue a stop-work
order to halt:
(1)
Any work that is determined by the Building Inspector to be contrary
to any applicable provision of the Uniform Code or Energy Code, or
other law or approval 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 Building Inspector, 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.
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 Building Inspector to
correct the reason for issuing the stop-work order.
C.
Content and service of stop-work orders. Stop-work orders shall be
in writing, be dated and signed by the Building Inspector, state the
reason or reasons for issuance, and if applicable, state the conditions
which must be satisfied before work will be permitted to resume. The
Building Inspector 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 registered/certified
mail.
D.
Unlawful continuance. Any person who shall continue any work in or
about the structure after having been served with a stop-work order,
except such work as that person is directed by the Building Inspector
to perform to remove a violation or unsafe conditions, shall be liable
to a fine of up to $5,000 for each day of violation.
A.
Certificate of occupancy and certificate of completion required.
A certificate of occupancy or certificate of completion shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, whether newly erected
or hereafter expanded or enlarged, or 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 completion.
Any use or occupancy, which was not discontinued during the work of
alteration, shall be discontinued within 30 days after the completion
of the alteration unless the required certificate is secured from
the Building Inspector.
B.
Issuance of certificates of occupancy and certificate of completion.
When a building or structure is entitled thereto, the Building Inspector
shall issue a certificate of occupancy or certificate of completion
after written application certifying that 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 Building Inspector or an inspector authorized by the Building
Inspector shall inspect the building, structure, or work prior to
the issuance of a certificate of occupancy or certificate of completion.
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
Building Inspector, at the expense of the applicant for the certificate
of occupancy shall be provided to the Building Inspector prior to
the issuance of the certificate of occupancy or certificate of completion:
(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.
C.
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 of the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)
The signature of the Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary occupancy. Upon the request of the holder of a permit,
the Building Inspector may issue a temporary certificate of occupancy
for a building or structure, or part thereof, before the entire work
covered by the permit shall have been completed provided i) such portion
or portions may be occupied safely prior to full completion of the
building or structure without endangering life or public welfare;
ii) 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 iii) that all required means
of egress from the structure have been provided.
(1)
The Building Inspector 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.
(2)
A temporary certificate of occupancy shall be effective for a period
of time, not to exceed six months, which shall be determined by the
Building Inspector 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 or Energy Code, even if only a small portion of the
building or structure is being renovated.
E.
Revocation or suspension of certificates. If the Building Inspector
determines that a certificate of occupancy, certificate of completion,
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 Building Inspector within
such period of time as shall be specified by the Building Inspector,
the Building Inspector shall revoke or suspend such certificate.
The fire chief of any fire department providing firefighting
services for a property within this Village of Larchmont or their
designated agent shall promptly notify the Building Inspector of any
fire or explosion involving any structural damage, fuel burning appliance,
chimney or gas vent.
Unsafe buildings, structures, and equipment and conditions of
danger in this Village of Larchmont shall be identified and addressed
in accordance with the following procedures.
A.
Right of condemnation. All buildings or structures that are or hereafter
shall become unsafe, unsanitary, or deficient in adequate exit facilities,
or which constitute a fire hazard, or are otherwise dangerous to human
life or the public welfare, or which involve illegal or improper use,
occupancy or maintenance, shall be deemed unsafe buildings or structures.
All unsafe structures shall be taken down and removed or made safe
and secure, as the Enforcement Official may deem necessary and as
provided in this section. A vacant building unguarded or open at door
or window, shall be deemed a fire hazard and unsafe within the meaning
of this code.
B.
Examination and record of damaged structure. The Enforcement Official
shall examine every building or structure reported as dangerous, unsafe
structurally or constituting a fire hazard, and shall cause a report
to be filed in a docket of unsafe structures and premises, stating
the use of the structure, and the nature and estimated amount of damages,
if any, caused by collapse or failure.
C.
Notice of unsafe structure. If an unsafe condition is found in a
building or structure, the Enforcement Official shall serve on the
owner, agent or person in control of the building or structure a written
notice describing the building or structure deemed unsafe and specifying
the required repairs or improvements to be made to render the building
or structure safe and secure, or requiring the unsafe building or
structure or portion thereof to be demolished within a stipulated
time. Such notice shall require the person thus notified to immediately
declare to the Building Inspector acceptance or rejection of the terms
of the order.
D.
Restoration of unsafe structure. A building or structure condemned
by the Enforcement Official may be restored to safe conditions provided
change of use or occupancy is not contemplated nor compelled by reason
of such reconstruction or restoration except that if the damage or
cost of reconstruction of restoration is in excess of 50% of its replacement
value, exclusive of foundations, such structure shall be made to comply
in all respects with the requirements for materials and methods of
construction of structures hereafter erected.
E.
Restoration of unsafe structure. A building or structure condemned
by Enforcement Official may be restored to safe conditions provided
change of use or occupancy is not contemplated nor compelled by reason
of such reconstruction or restoration except that if the damage or
cost of reconstruction of restoration is in excess of 50% of its replacement
value, exclusive of foundations, such structure shall be made to comply
in all respects with the requirements for materials and methods of
construction of structures hereafter erected.
F.
Disregard of unsafe notice. Upon refusal or neglect of the person
served with an unsafe notice to comply with the requirements of the
order to abate the unsafe condition, the legal counsel of the jurisdiction
shall be advised of all the facts and shall cause to be instituted
the appropriate action to compel compliance.
A.
Operating permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(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;
(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;
(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; and
(m)
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle.
(3)
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;
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees for the Village of Larchmont; and
(9)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Board of Trustees of this Village of Larchmont.
B.
Any person who proposes to undertake any activity or to operate any type of building listed in Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
C.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Building Inspector. Such application shall include such information
as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that quantities, materials, and activities
conform to the requirements of the Uniform Code and the Energy Code.
If the Building 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 Building Inspector, at the expense of the applicant.
D.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1) through (7) of this section, 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 § 334-15 (Fire safety and property maintenance inspections) of this article, and condition assessments are performed in compliance with § 334-17 (Condition assessments of parking garages) of this article, as applicable.
E.
Inspections. The Building Inspector or an inspector authorized by
the Building Inspector 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 Building
Inspector or an inspector authorized by the Building 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 Building Inspector or inspector authorized by the Building
Inspector 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 of Larchmont 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 this article, including
a citation to the specific provision or provisions that have not been
met.
F.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in their discretion, issue a single operating permit to apply to all such activities.
G.
Duration of operating permits.
(1)
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(2)
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 Building Inspector, payment of the applicable
fee, and approval of such application by the Building Inspector.
H.
Revocation or suspension of operating permits. If the Enforcement
Official determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code or provision of the operating permit, such operating
permit shall be revoked or suspended.
A.
Inspections required.
(1)
Fire safety and property maintenance inspections of buildings and
structures shall be performed by the Enforcement Official or their
designee designated by the Village Board at the following intervals:
(a)
At least once every 12 months for buildings which contain an
assembly area;
(b)
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
(c)
At least once every 36 months for multiple dwellings and all
nonresidential occupancies.
(2)
Following each inspection, the Enforcement Official shall note the
premises is satisfactory or if the premises failed to comply with
the Uniform Code. If the premises failed to comply, the Enforcement
Official shall notify the owner or operator as to the manner in which
the premises failed to comply, including a citation to the specific
Uniform Code provision(s) that have not been met.
B.
At the discretion of the Enforcement Official or their designee 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 Enforcement Official 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 Building Inspector 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 Building Inspector 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 Subsection A of this section, 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 Building Inspector 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 Building Inspector 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 Building Inspector of any other information, reasonably believed by the Building Inspector 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.
D.
OFPC inspections.
(1)
Nothing in this section or in any other provision of this article
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 Enforcement Official 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 Enforcement Official or by an inspector,
provided that:
(a)
The Enforcement Official is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR Section
1203.2(e);
(b)
The Enforcement Official 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 Enforcement Official; and
The Enforcement Official 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 Enforcement Official 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 § 334-21 of this article;
C.
If appropriate, issuing a stop-work order;
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.
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 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 possible.
B.
Condition assessments — general requirements. The owner 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 in whole or in part prior to the effective
date of this article 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)
(Reserved)
(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 article.
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 Subsection D of this section, 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 C 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 timeframe 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 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 § 334-9 (Construction inspections) of this article;
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 334-15 (Fire safety and property maintenance inspections) of this article; 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 Building Inspector shall determine the climatic and geographic
design criteria for buildings and structures to be 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 termite; 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:
A.
The Building Inspector shall keep permanent official records of all
transactions and activities conducted by all 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, 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
A.
The Building Inspector shall annually submit to Board of Trustees of the Village of Larchmont a written report and summary of all business conducted by the Building Inspector and the Enforcement Officials, including a report and summary of all transactions and activities described in § 334-19 (Recordkeeping) of this article and a report and summary of all appeals or litigation pending or concluded.
B.
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.
C.
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.
A.
Orders to remedy.
(1)
The Building Inspector is 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, any land use board approval, or this article. An order to remedy
shall be in writing; shall be dated and signed by the Building Inspector;
shall specify the condition or activity that violates the Uniform
Code, the Energy Code, or this article; shall specify the provision
or provisions of the Uniform Code, the Energy Code, or this article
which is/are violated by the specified condition or activity; and
shall include a statement substantially 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."
(2)
The order to remedy may include provisions ordering the person or
entity served with such order to remedy 1) 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 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this article or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Building Inspector
may deem appropriate, during the period while such violations are
being remedied. The Building Inspector 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 Building Inspector 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.
B.
Appearance tickets. The Building Inspector and each Enforcement Official
are authorized to issue appearance tickets for any violation of the
Uniform Code or Energy Code.
C.
Penalties. In addition to such other penalties as may be prescribed
by state law,
(1)
Any person who violates any provision of this article or any term,
condition, or provision of any building permit, certificate of occupancy,
temporary certificate, stop-work order, operating permit or other
notice or order issued by the Building Inspector pursuant to any provision
of this article shall be punishable by a fine up to $5,000 or imprisonment
not exceeding 15 days, or both; and
(2)
Any person who violates any provision of the Uniform Code, the Energy
Code or this article, or any term or condition of any building permit,
certificate of occupancy, temporary certificate, stop-work order,
operating permit or other notice or order issued by the Building Inspector
pursuant to any provision of this article, shall be liable to pay
a civil penalty of not more than $250 for each day or part thereof
during which such violation continues. The civil penalties provided
by this subsection shall be recoverable in an action instituted in
the name of this Village of Larchmont.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village of Larchmont 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 article, or any term or condition of any building permit, certificate
of occupancy, temporary certificate, stop-work order, operating permit,
order to remedy, land use board approval or other notice or order
issued by the Building Inspector pursuant to any provision of this
article. 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 article, or any stop-work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this article, an action or proceeding may be commenced
in the name of the Village of Larchmont 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 Board of Trustees of this Village of Larchmont.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedies 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 § 334-10 (Stop-work orders) of this article, in any other section of this article, 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 § 334-10 (Stop-work orders) of this article, in any other section of this article, 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 Subsection (2) of § 382 of the Executive Law.
A.
General. A permit to begin work for new construction, alteration,
removal, demolition or other building operation or fire safety related
function shall not be issued until the fees prescribed in this section
shall have been paid to the Department of Building Inspection or other
authorized agency of the jurisdiction, nor shall an amendment to a
permit necessitating an additional fee be approved until the additional
fee shall have been paid.
B.
Special fees. The payment of the fee for the fire safety related
function, removal or demolition for all work done in connection with
or concurrently with the work contemplated by a building permit, shall
not relieve the applicant or holder of the permit from the payment
of other fees that may be prescribed by law for water taps, sewer
connections, electrical permits, erection of signs and display structures,
marquees or other appurtenant structures, or fees of inspections,
certificates of use and occupancy or other privileges or requirements,
both within and without the jurisdiction of the Department of Building
Inspection and the Department of Fire Inspection.
C.
New construction and alterations. The fees for building permits shall be as prescribed in Subsection C(1) below and the Building Inspector is authorized to establish by approved rules, a schedule of unit rates for buildings and structures.
(1)
Fee schedule. A fee for each plan examination, building permit and
inspections shall be paid in accordance with the prevailing schedule
approved by the Village Board.
D.
(Reserved)
E.
(Reserved)
