[Amended 3-18-2003 by Ord. No. 63-2003; 4-20-2021 by Ord. No. 2021-48]
The head of the Bureau of Buildings, Department of Development, City of New Rochelle, New York, shall be the Building Official, and he shall act as the code enforcement official for those provisions of the State Code as relate to the construction and repair of structures, which shall include the NYStretch Energy Code – 2020 (NYStretch).
A. 
Powers and duties of the Building Official shall be as follows:
(1) 
Applications and permits. The Building Official shall authorize receipt of applications, authorize approval or disapproval of the same, authorize issuance of permits for the erection and alteration of buildings and structures, authorize inspections and examination of premises for which such permits have been issued and enforce compliance with the provisions of applicable codes.
(2) 
Building notices and orders. The Building Official shall authorize issuance of all necessary notices or orders to remove illegal or unsafe conditions and authorize requiring the necessary safeguards during construction in order to ensure compliance with all State Code requirements for the safety, health and general welfare of the public.
[Amended 3-18-2003 by Ord. No. 63-2003]
(3) 
Inspections. The Building Official or his appointed inspectors shall make the required inspections, or he may accept or require reports of inspection of authoritative and recognized services or professional engineers or registered architects; and all reports of such inspections shall be in writing and certified by a responsible officer of such authoritative service or by the responsible individual; or he may engage such expert opinion as he may deem necessary to report on technical issues that may arise, subject to the approval of the City Manager.
(4) 
Organization. The Building Official shall advise the Commissioner of Development on the appointment of such number of officers, technical assistants, inspectors and other employees of the Bureau of Buildings as shall be necessary for the administration and enforcement of the State Code and as authorized by the City Manager.
[Amended 3-18-2003 by Ord. No. 63-2003]
(5) 
Records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections and notices and orders issued. File copies of all papers in connection with the building operations shall be retained in the official records as long as the building or structure to which they relate remains in existence or as otherwise prescribed by state law. He shall keep an official record of all business and activities of the Bureau specified in the provisions of the State Code, and all such records shall be open to public inspection as prescribed by state law.
[Amended 3-18-2003 by Ord. No. 63-2003]
B. 
Relief from personal responsibility. The Building Official, his appointed inspectors or any employee of the Bureau of Buildings charged with the enforcement of the State Code, while acting for the City of New Rochelle, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to any persons or property as a result of any act required or permitted in the discharge of his official duties. Any suit instituted against any officer or employee because of an act performed by him in the lawful discharge of his duties and under the provisions of this code shall be defended by the Corporation Counsel of the City until the final termination of the proceedings. In no case shall the Building Official or any of his subordinates be liable for any costs in any action, suit or proceeding that may be instituted in pursuance of the provisions of this code, and any officer or employee of the Bureau of Buildings, 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 his official duties in connection therewith.
A. 
Authority to adopt rules. The Building Official shall have the power to adopt and promulgate rules and regulations in the interest of public safety, health and welfare and to carry into effect the provisions of this code. He shall interpret and implement the provisions of this code in order to secure the intent thereof.
B. 
Validity. Any rule adopted and promulgated by the Building Official shall have the same force and effect as any provision of this code, provided that such rule is not inconsistent with any provision of this code or any other applicable laws. Prior to adopting any rule, the Building Official shall obtain the approval of the Commissioner of Development and the City Manager and, upon adoption, shall file a copy of such rule with the City Clerk.
[Amended 3-18-2003 by Ord. No. 63-2003]
C. 
Amendment and repeal. The Building Official may amend or repeal any rule by the same procedure prescribed for its adoption.
[Amended 3-18-2003 by Ord. No. 63-2003; 12-13-2016 by Ord. No. 254-2016]
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, excavation or conversion of any building or structure or part thereof, or change the occupancy or use of any building or structure or part thereof, or perform any work which must conform to the State Code, or cause the same to be done, or shall erect any crane on private property, without first filing with the Building Official an application and obtaining a permit therefor, except as otherwise exempted under the provisions of this code.
Exemptions from building permit requirements shall be as follows:
A. 
Ordinary repairs. Ordinary repairs may be made to buildings and structures without application or notice to the Building Official, but such repairs shall not include those which affect structural features, egress or any work which must conform to the State Code or affects the public health or general safety.
[Amended 3-18-2003 by Ord. No. 63-2003]
B. 
Fences. The erection of a fence not exceeding six feet in height shall be permitted without a building permit where such fence is accessory to a dwelling, complies with the applicable provisions of the Code of the City of New Rochelle and the Zoning Ordinance, does not obstruct egress and is not required in conjunction with the enclosure of an outdoor swimming pool.
C. 
Other exemptions. The Building Official may, at his discretion, waive the requirements for obtaining a building permit where the work proposed meets all of the following requirements:
(1) 
It is an alteration to an existing building or structure.
(2) 
Construction costs are less than $10,000.
(3) 
Structural features are not affected.
(4) 
Firesafety features, such as smoke detectors, sprinklers, fire separations, exits and the like, are not affected.
(5) 
Electrical, plumbing and heating systems are not affected.
A. 
Form of application. The application for a permit shall be submitted in such form as the Building Official may provide, with all the appropriate information entered and all appropriate sections duly signed and acknowledged before a notary public or commissioner of deeds, and shall be accompanied by the required fee.
B. 
Design of buildings. Every building or part thereof, or swimming pool and required enclosure, shall be designed as required by the State of New York and the Building Official, by a registered architect or a professional engineer, in accordance with this code.
C. 
By whom application is made. Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, or by the professional engineer or registered architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee or a registered architect or professional engineer, it shall be accompanied by a duly verified affidavit of the owner that the proposed work is authorized by the owner in fee and that the applicant 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.
D. 
Affidavit to be filed with plans.
(1) 
When affidavit is required. When plans are required to be filed and such plans contemplate structural changes or structural work, they shall be accompanied by an affidavit of a registered architect or professional engineer stating that he has supervised the preparation of the plans and that, to the best of his knowledge and belief, the structure, if built in accordance with the plans, will conform to the provisions of this code and will not conflict with any provisions thereof or any other provisions of law applicable thereto, except as specifically noted otherwise.
(2) 
Requirement for additional affidavits. Where a professional engineer has been employed in the preparation of the structural or mechanical design, the structural or mechanical plans shall be accompanied by his affidavit stating that the structural or mechanical design drawings prepared under his supervision, to the best of his knowledge and belief, conform to the laws governing building construction, except as specifically noted otherwise.
E. 
Practical difficulties. If there are practical difficulties or unnecessary hardships involved in compliance with the provisions of this code, the Building Official may vary or modify such provisions where the granting of such variance or modification is not contrary to the provisions of any other City, county, state or federal law. The applicant may appeal the decision of the Building Official or any provision of this code by applying to the New Rochelle Board of Standards and Appeals and/or the Regional Board of Review for the State Code, as may be applicable. All appeals shall be in writing and in the form prescribed by the reviewing authority.
[Amended 3-18-2003 by Ord. No. 63-2003]
F. 
Description of work. The application shall contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of the portions of the site or lot not covered by the building and such additional information as may be required by the Building Official. In the case of an application to demolish a building or structure, a suitable photograph shall be a part of the description.
G. 
Plans and specifications. The application for the permit shall be accompanied by not less than two copies of specifications and of plans drawn to scale, with sufficient clarity and detail dimensions to show the nature and character of the work to be performed. When quality of materials is essential for conformity with the Building Code, specific information shall be given to establish such quality, and in no case shall the code be cited by the term "legal" or its equivalent as a substitute for specific information. The Building Official may waive the requirement for filing plans when the work involved is of a minor nature.
H. 
Plot plan. There shall be included in the application for permit two copies of a plot plan as required by § 331-136 of the New Rochelle Zoning Ordinance.[1] In all cases, the plot plan for new buildings or major additions thereto shall include the elevations at the exterior corners of the building, the elevation of the lowest interior level and the elevation at the street where the driveway will be constructed. Where the work proposed requires extensive regrading or lies in an area of special flood hazard, the plot plan shall include existing and proposed topography for the entire premises at no greater than one-foot intervals. Where the work proposed is in the proximity of structures on adjacent lots, the plot plan shall include elevations at the proposed footing bottoms and the existing footings of the adjacent structures. All elevations shall be New Rochelle datum.
[Amended 3-18-2003 by Ord. No. 63-2003]
[1]
Editor's Note: See Ch. 331, Zoning.
I. 
Engineering details. The Building Official may require adequate details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data, to be filed. All engineering plans and computations shall bear the seal and signature of the engineer or architect responsible for the design.
J. 
Sprinkler installations. Plans submitted for the installation of sprinkler systems shall bear the approval of the American Insurance Association or the Factory Mutual System or the Insurance Services Office or any other qualified agency deemed acceptable to the Building Official.
K. 
Amendments to application. Subject to the limitations of Subsection L of this section, amendments to a plan, application or other records accompanying the same may be filed at any time before completion of the work for which the permit is sought or issued, and such amendments shall be deemed part of the original application and shall be filed therewith.
L. 
Time limitation on 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 Official may grant one or more extensions of time for additional periods not exceeding 60 days each. Where an application has been granted approval by the Board of Appeals on Zoning, the proposed work shall be deemed abandoned one year after the date of filing of the zoning resolution, and no extensions may be granted by the Building Official.
A. 
Action on application. The Building Official shall cause to be examined all applications for permits and amendments thereto. If the application or the plans do not conform to the requirements of all pertinent laws within his jurisdiction, he shall reject such application, in writing, stating the reasons therefor. If he is satisfied that the proposed work conforms to the requirements of the State Code and all the laws and ordinances applicable thereto, he shall issue a permit therefor as soon as practicable.
[Amended 3-18-2003 by Ord. No. 63-2003]
B. 
Supervision of construction.
(1) 
Affidavit of potential inspection. No permit shall be issued for the construction of a building or portion thereof which is to have a total floor area in excess of 10,000 square feet or where the Building Official determines that the nature of the work requires professional supervision, until an affidavit is filed with the Bureau of Buildings certifying that the construction of such building or part thereof will be inspected by a professional engineer or registered architect. The affidavit is to be signed, sworn to and acknowledged by the engineer or architect who will inspect the construction and is to have his professional seal affixed. In the event that such engineer or architect shall, for any reason, discontinue his inspection of the construction of the building or portion thereof at a time prior to its completion, he shall immediately notify the Building Official of such fact, and thereupon the building permit issued for such construction shall be suspended, and no further work shall be done thereunder until another such affidavit shall be filed with the Building Official certifying that inspection of the construction has been resumed by another or the same engineer or architect.
(2) 
Final certificate required. No certificate of occupancy will be issued for such building until a final certificate is filed with the Bureau of Buildings by the engineer or architect who supervised the construction that the building was, to the best of his knowledge, in fact erected in conformity with the plans filed with the Bureau of Buildings and, as erected, complies with the laws governing building construction, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit
C. 
Suspension of permit. Any permit issued shall become invalid unless the work authorized by it shall have been commenced within 90 days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced, provided that, for cause, one or more extensions of time for periods not exceeding 90 days each may be allowed in writing by the Building Official.
D. 
Previous approvals. Nothing in this code shall 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 shall have been actively prosecuted within 90 days after the effective date of this chapter; and the entire building shall be completed as authorized within two years after the date of approval of the application.
E. 
Signature to permit. The Building Official shall attach his signature to every permit, or he may authorize a subordinate to affix such signature thereto.
F. 
Approved plans. The Building Official shall cause to be stamped or endorsed in writing on both sets of approved plans the wording "These plans and application were examined and approved as noted. They shall not be construed as authority to violate, cancel, alter or set aside any provisions of the State Code, Zoning Ordinance or any other local, county or state regulations," and one set of such approved plans shall be retained by the Bureau of Buildings, and the other set shall be kept at the building site, open to the inspection of the Building Official or his authorized representative.
G. 
Revocation of permits. The Building Official may revoke a permit or approval issued under the provisions of this code when, in his opinion, there was false statement or misrepresentation of fact in the application or on the plans upon which the permit was granted or in the event that, in the judgment of the Building Official, the work being done under a permit deviates from the plans on file or good construction practice.
H. 
Posting of permit. The building permit shall be posted in a conspicuous location on the site of operations, open to inspection during the entire time of prosecution of the work and until the completion of the same.
I. 
Notice of start. At least 24 hours' notice of the start of work under a building permit shall be given to the office of the Building Official.
A. 
Approval in part. The Building Official may issue a temporary permit for the excavation for or construction of foundations of a building or structure before the entire working drawings and specifications for the whole building have been submitted, provided that adequate information and detailed statements have been filed complying with all the pertinent requirements of this article and upon finding that any excavation or construction of footings and foundations undertaken pursuant to the issuance of a temporary permit under this section will not be detrimental to the public health, safety and welfare of the City of New Rochelle. The holder of such temporary permit for excavation for or footings and foundations of a building or structure shall proceed at his own risk with the building operations and without assurance that a permit for the entire structure will be granted.
(1) 
Temporary permits. Application for temporary excavation, footing and foundation permits shall be submitted to the Building Official in accordance with § 111-10A through and including § 111-10F of this chapter. The excavation drawings required shall contain a survey of all property lines, existing and proposed grades, details of required drainage adequate for the proposed work, protection of City streets and adjoining properties and utilities, together with the excavation limits and existing topography and such other information as the Building Official may require.
(2) 
Waiver of vested right. An agreement between the City of New Rochelle and the applicant for the permit, in a form satisfactory to and approved by the Department of Law, shall be executed and filed with the Building Official, which said agreement shall contain the applicant's waiver of the vesting of any right which might come or be acquired by the issuance of such permit for the performance of any work thereunder in favor of the applicant, together with an undertaking to apply for and obtain such further approvals or permits as may be required by any law, ordinance or regulation for the further prosecution of the work subsequent to the issuance of any such temporary permit and to proceed with all due diligence with the completion of the work for which any excavation or construction of footings and foundations is made pursuant to any temporary permit issued under the provisions of this section.
(3) 
Filing of surety bond. A surety bond shall be filed in a penal sum sufficient to guarantee backfilling of any excavation made or the removal of footings and foundations constructed and restoration of the premises to the condition previously existing as nearly as may be possible, which said bond shall be in a form satisfactory to and approved by the Department of Law. The finding of the Building Official shall be conclusive with respect to any penal sum required.
(4) 
Authority to issue temporary permits. Such temporary permit may be issued by the Building Official upon compliance with the conditions set forth above without the prior approval of any other City department which otherwise has jurisdiction over such construction.
(5) 
Time limitation of temporary permits. The work to be performed shall be completed six months from the date of the issuance of the temporary permit, and the temporary permit so issued shall expire six months from the date of issuance. Upon application on or before the expiration of any such permit, the Building Official may, if, in his judgment, good cause is shown and the public health, safety and welfare of the City will not be jeopardized, extend such permit for one further period not to exceed an additional six months.
(6) 
Revocation of temporary permits. Any temporary permit issued pursuant to the provisions of this subsection may be revoked by the Building Official upon a finding that any of the conditions affixed thereto have not been complied with or upon a finding that the public health, safety and welfare is jeopardized by the works or by the actions of the applicant subsequent to the issuance of such permit or upon the failure of the applicant to proceed with due diligence in the obtaining of further necessary approvals or permits for the completion of the construction for which said temporary permit was issued within six months from the date of issuance or extension thereof. The failure of the applicant to whom the temporary permit has been issued to obtain any and all necessary approvals and permits for the further progress of the work for which the temporary permit is issued within a period of six months from the date of issuance thereof shall be deemed prima facie evidence of noncompliance with provisions of this section.
B. 
Permits for temporary structures. A building permit for a temporary structure (a tent for commercial or public use, a tent on private property for more than three days, a trailer not for a construction project, a structure for remediation of contamination as required by Department of Environmental Conservation (DEC) and similar temporary facilities) may be issued by the Building Official upon application and compliance with all applicable provisions of the State Code, Zoning Code, N.F.P.A. and all other applicable laws, ordinances or regulations.
[Amended 6-17-1997 by Ord. No. 127-1997; 3-18-2003 by Ord. No. 63-2003]
(1) 
Removal of temporary structure. Prior to the issuance of any such building permit, the applicant shall execute an agreement for the removal of the structure in accordance with such building permit and shall file a surety bond for such removal if required by the Building Official. The bond shall be in the amount estimated to be the cost of removal.
(2) 
No certificate of occupancy will be required for temporary structures. Permits will expire after removal date.
C. 
Excavation permits. The Building Official may issue permits for excavation for purposes other than the construction of buildings, provided that an application in accordance with Subsection A(1) of this section is submitted, the requirements of this section are complied with and said excavation will not be detrimental to the public health, safety and welfare of the City of New Rochelle.
(1) 
Planning Board approval. At the time of filing an application with the Bureau of Buildings, an application shall be filed with the Planning Board. No permit to excavate shall be issued prior to Planning Board approval of the excavation.
(2) 
Restrictions. No such excavation shall be made within 10 feet of any street line nor unless adequate barricades are erected and maintained and adequate provisions made for the prevention of flying dust.
(3) 
Filing of surety bond. Before the issuance of such excavation permit, the applicant shall execute and file with the City Clerk a bond, approved by the Department of Law, in the sum of $5,000 with a surety company as surety and conditioned for the faithful performance of the conditions contained in this code, the observance of all municipal ordinances and to indemnify the City for any damage to City property.
(4) 
Time limitation of excavation permits. The permit shall expire by limitation 30 days from the date of its issue unless extended.
A. 
Payment of fees. No permit shall be issued until the fees prescribed in § 111-42 have been paid.
B. 
Compliance with code. The permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of the State Code, except as specifically stipulated by modification or legally granted variation as described in the application, nor shall such issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans or in construction or of violations of the State Code.
[Amended 3-18-2003 by Ord. No. 63-2003]
C. 
Compliance with permit. All work shall conform to the approved application and plans for which the permit has been issued and any approved amendments thereto. No change from the approved plans shall be made until revised or amended plans have been submitted to and approved by the Building Official. These amended or revised plans shall be submitted by a professional engineer or registered architect who is the designer named in the application for the permit filed with the Bureau of Buildings, or, in lieu thereof, the Bureau of Buildings shall be notified of a change in designer, and said new designer shall make the submission.[1]
[1]
Editor's Note: Amended during codification.
D. 
Compliance with plot plan. All new work shall be located strictly in accordance with the approved plot plan.
E. 
Change in plot plan. No lot or plot shall be changed, increased or diminished in area from that shown on the approved plot plan, unless a revised diagram showing such changes, accompanied by the necessary affidavit of the owner or applicant, shall have been filed and approved by all departments, boards, agencies, etc., having jurisdiction.
F. 
Supervision. The Building Official may require an application for a permit for the structural use of concrete, welding or pile driving to have a competent inspector satisfactory to the Building Official at all times on the work site while concrete is being mixed or deposited or welding or pile driving performed. Such inspector shall make daily reports to the Building Official on the progress of the work.
[Amended 3-18-2003 by Ord. No. 63-2003]
Structures or buildings subject to the provisions of the State Code hereafter erected without a permit and not in conformity with the State Code shall be removed.
A. 
Demolition prohibited where taxes and/or assessments are unpaid. No permit shall be granted for the demolition, removal or destruction of a building or structure where there are unpaid City taxes and/or assessments against the property upon which the building or structure is situated. The City Council may, by resolution, waive these provisions. This, however, shall not apply to unsafe buildings and structures covered by § 111-20 of this chapter.
B. 
Vermin and rodents. The Building Official shall require written certification that a building or structure is vermin- or rodent-free, submitted by an individual duly licensed by the State of New York to perform such work, prior to the granting of a permit for the demolition, removal or destruction of a building or structure.
A. 
See New Rochelle Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 331, Zoning.
B. 
New buildings. No building hereafter erected shall be used or occupied, in whole or in part, until the certificate of occupancy shall have been issued by the Building Official.
C. 
Buildings hereafter altered or changed in use. No building hereafter enlarged, changed, extended or altered or changed from one use group or occupancy to another, in whole or in part, and no building hereafter altered for which a certificate of occupancy has not been heretofore issued shall be occupied or used until the certificate shall have been issued by the Building Official certifying that the work has been completed in accordance with the provisions of the approved permit, except that 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 Official.
D. 
Existing buildings. Upon application from the owner of an existing building, the Building Official may issue a certificate of occupancy, provided that there are no violations of law or orders of the Building Official pending and it is established, after inspection and investigation, that the alleged use of the building has heretofore legally existed. Nothing in this code shall require the removal, alteration or abandonment of or prevent the continuance of an uninterrupted occupancy of a lawfully existing building, unless such use is deemed to endanger public safety and welfare.
E. 
Temporary certificate of occupancy.
(1) 
Upon application of a holder of a permit, the Building Official 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 that such portion or portions may be occupied safely prior to full completion of the building without endangering life or public welfare. This temporary certificate of occupancy may be issued by the Building Official for a period not exceeding 90 days during the completion of any alterations that are required under the provisions of any law or ordinance. Temporary certificates may be renewed by the Building Official for periods not exceeding 90 days, but in no event shall temporary certificate of occupancy renewals exceed a total of 12 months. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the City respective to the use or occupancy of the land or building or any other matter covered by this code.
(2) 
When landscaping or screening, or both, are required under site plans approved by the Planning Board, pursuant to which a building permit has been issued, and such work has not been completed, no temporary certificate of occupancy shall be issued, unless the applicant for such certificate complies with the following requirement:
(a) 
Deposits with the application a performance bond, issued by an insurance company authorized to do business in the State of New York, guaranteeing satisfactory completion of the work required within the time limitation of the certificate, or any extension thereof, in a penal sum equal to the cost of the work, as estimated by the Commissioner of Public Works; or
(b) 
Deposits a certified check to the order of the City of New Rochelle with the application, in a sum equal to the cost of the work, as estimated by the Commissioner of Public Works, together with an agreement to perform the work within the time limitation of the certificate or any extension thereof and, in default thereof, giving the City of New Rochelle the option to perform the work, to apply the sum deposited to the cost and to charge the applicant for any cost of the work in excess of the deposit.
F. 
Application for certificate of occupancy.
(1) 
Form of application. The application for a certificate of occupancy shall be submitted in such form as the Building Official may prescribe, all duly signed and acknowledged before a notary public or commissioner of deeds, and shall be accompanied by the required fee.
(2) 
By whom application is made. Application for a certificate of occupancy shall be made by the owner or lessee of the building or structure, or agent of either, or by the engineer or architect employed in connection with the application. If the application is made by a person other than the owner in fee or an architect or engineer, it shall be accompanied by a duly verified affidavit of the owner that the application is authorized by the owner in fee and that the applicant 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.
(3) 
Affidavit to be filed with application. Applications to the Building Official for certificates of occupancy for a structure, the plans for which were accompanied by an affidavit as required by § 111-10D of this chapter and/or in accordance with § 111-11B of this chapter, shall be accompanied by an affidavit of the registered architect or professional engineer who filed the original plans or of the registered architect or professional engineer who supervised the construction. If the application for the certificate of occupancy is not accompanied by the affidavit of the registered architect or professional engineer who filed the original plans or who supervised the construction, it shall be accompanied by the affidavit of a registered architect, professional engineer or the superintendent of construction who supervised the construction and it shall state that the deponent has examined the approved plan of the structure for which a certificate of occupancy is sought and, to the best of his knowledge and belief, the structure has been erected in accordance with the approved plans and, as erected, complies with the laws governing building construction, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
(4) 
Survey. All applications for a certificate of occupancy for a new building or structure or any addition or extension to an existing building or structure shall be accompanied by a survey of the property certified by a professional land surveyor licensed in the State of New York, showing the location of the work for which the building permit was issued. However, in those cases where zoning requirements are not involved and where the Building Official makes a determination that the construction work is insubstantial (porch, one-story small additions, etc.), the Building Official may accept the following procedure in lieu of a survey: A statement on the approved plans shall be submitted, signed by the registered architect or professional engineer who prepared the same, certifying that he has personally measured the proposed work and that the as-built structure conforms to the approved plans, and/or the inspection by the building construction inspector, who will certify on the approved plans that the dimensions as-built conform to the approved plans. There will be a separate fee for the above procedure in lieu of a survey. Such fee is as set forth in § 111-42.
G. 
Final approvals required. No certificate of occupancy will be issued for a building or structure governed by the provisions of this code until all of the work in connection with the construction, installation, repair, etc., has been finally accepted and approved by the Building Official or other agency having jurisdiction.
H. 
Contents of certificate. When, in the opinion of the Building Official, a building or structure is entitled thereto, the Building Official may issue a certificate of occupancy after written application. The certificate shall certify compliance with the provisions of this code and any other applicable laws and ordinances and any variances and/or modifications thereto and the purpose for which the building or structure may be used in its several parts. The certificate of occupancy shall specify the use group in accordance with the provisions of this code, the maximum live load on all floors as prescribed in this code, the occupancy load in the building and all parts thereof as defined in this code and any special stipulations and conditions of the building permit.
I. 
Certificate of compliance. In lieu of a certificate of occupancy, the Building Official may, under certain circumstances, issue a certificate of compliance for demolition, signs, billboards, minor alterations or repairs, etc., to a building or structure. The Building Official or his authorized agent or any other agency having jurisdiction shall, upon approved final inspection, issue a certificate of compliance or approval for the installation of an elevator, mechanical equipment, refrigeration, air-conditioning or ventilating apparatus, plumbing, gas piping, electric wiring, heating system or any other equipment coming under the provisions of the Building Code or other said agency.
A. 
Posted use and occupancy. Every building and structure and part thereof hereinafter constructed, altered or changed in use or occupancy for high-hazard, storage, mercantile, industrial or business use, all as defined in the code, shall be posted on all floors by the owner with a suitably designed placard in a form designated by the Building Official, which shall be securely fastened to the structure in a readily visible place, stating the use group, the fire hazard, the live load and the occupancy load.
B. 
Posted occupancy load. Every building and structure and part thereof designed for use as a place of public assembly shall be posted by the owner with an approved placard designating the maximum occupied load as prescribed in the State Code. The provisions of this section of this code shall be enforced by the Fire Department of the City of New Rochelle, New York.
[Amended 3-18-2003 by Ord. No. 63-2003]
A. 
Work for which a building permit has been issued under this code shall be inspected for approval by the Building Official or his representative prior to enclosing or covering any portion thereof and upon completion of each stage of construction. It shall be the responsibility of the owner, applicant or his agent to inform the Building Official that the work is ready for inspection and to schedule such inspection. Inspection shall include but not be limited to the following:
(1) 
Soil and form. A soil and form inspection shall be performed after the footings are excavated and the forms placed.
(2) 
Footing and foundation. A footing and foundation inspection shall be performed after the forms are stripped, the footings and foundation in place and prior to backfilling.
(3) 
Structural elements, frame and masonry. A structural element inspection shall be performed after the erection of the structural elements of the structure are in place and secured, after all firestopping, pipes, ducts and wiring are in place and prior to lathing and plastering or the installation of drywalls, paneling and wall insulation.
(4) 
Additional inspections. Those structures requiring continuous inspection where various stages in their construction advance in successive stages are further subject to the following inspection:
(a) 
No reinforcing nor structural steel nor any part of any wall, building or structure shall be covered or concealed in any manner whatsoever without first being inspected and approved by the Bureau of Buildings.
(b) 
No mechanical installation in any building or structure shall be covered or concealed in any manner whatsoever without first being inspected and approved by the Bureau of Buildings and any other department or agency having jurisdiction.
(5) 
Energy code inspection. All structures and buildings and additions thereto and all new equipment requiring compliance with the New York State Energy Conservation Code shall be inspected and approved during the course of construction and upon completion.
(6) 
Inspections by other agencies. Where the performance of work as stated in a building permit requires inspections and approvals of other City agencies or agencies of the county, state or federal government, it is the obligation of the owner of the premises to have such inspections performed and copies thereof submitted to the Bureau of Buildings. Such inspections and approvals will be required whether or not they are expressly required on the permit issued by the Bureau of Buildings.
(7) 
Final inspection. A final inspection is to be performed upon completion of work for which a permit has been issued and before the issuance of a certificate of occupancy or certificate of compliance. After such inspection all deviations from the approved plans and permit shall be noted, if any, and the holder of the permit notified in writing. No certificate of occupancy or certificate of compliance may be issued until all required inspections are performed and approval obtained.
B. 
Elevators.
[Amended 11-19-2002 by Ord. No. 206-2002; 1-15-2019 by Ord. No. 2019-1]
(1) 
Frequency of inspections. All passenger elevators shall be inspected at least once a year, and every freight elevator, escalator, dumbwaiter, chairlift and amusement device shall be inspected at least once a year. All such inspections shall be performed by qualified elevator inspectors (QEI) approved by the Building Official. Certificates of all such inspections shall be submitted within 15 days of performance thereof and a certificate of elevator or lift compliance shall be issued by the Building Official if the results of the inspections are satisfactory. The provisions of this section shall not apply to elevators, dumbwaiters and amusement devices that are inspected and approved at least once a year by any other department or agency of the county, state or federal government.
(2) 
Acceptance tests. All new, relocated and altered elevators, dumbwaiters, moving stairways, amusement devices and special hoisting and conveying equipment shall undergo acceptance tests and inspections by qualified elevator inspectors (QEI) approved by the Building Official, all at the expense and responsibility of the owner. Certificates of such tests and inspections shall be submitted to the Building Official within 15 days of performance thereof.
(3) 
Safety tests. When requested by the Building Official, safety tests shall be performed on elevators, dumbwaiters, moving stairways, amusement devices and special hoisting and conveying equipment by qualified elevator inspections (QEI) approved by the Building Official, all at the expense and responsibility of the owner.
(4) 
Exceptions. The provisions of Subsection B(2) above shall not apply to elevators, dumbwaiters and amusement devices on which maintenance tests are regularly conducted by any department or agency of the county, state or federal government.
C. 
Required electrical certification. Upon completion of an electrical installation which has been authorized by permit, the electrical contractor shall submit a certification of satisfactory completion as issued by the New York Board of Fire Underwriters or any other electrical inspection agency duly authorized by the New Rochelle Board of Electrical Examiners and City Council to perform electrical inspections in the City of New Rochelle. All procedures for inspection prior to completion shall be as prescribed by the aforementioned Board.
[Amended 5-21-1996 by Ord. No. 107-1996]
D. 
Plant inspection. Unless otherwise provided by an agency of the state or federal government, materials or assemblies shall be inspected at the point of manufacture or fabrication.
E. 
Inspection reports. All inspection reports shall be in writing and shall be certified by the licensed individual or licensed authority or responsible officer of the service or the individual when expert inspection services are accepted. A label or mark of approval permanently fixed to the product indicating that the factory inspection has been performed shall be accepted in lieu of the aforesaid report in writing.
F. 
Complaints. Upon notification of a bona fide complaint within his jurisdiction, the Building Official shall cause the premises to be inspected by the Bureau of Buildings. Upon finding conditions or activities allegedly failing to comply with the provisions of this code, the Building Official shall initiate appropriate action. The Building Official shall maintain all pertinent records relative to action taken under the provisions of this section.
A. 
Right of entry. In the discharge of his duties, the Building Official or his authorized representative shall have the authority, upon showing the proper identification, to enter at any reasonable hour any building, structure or premises in the municipality to enforce the provisions of the State Code.
[Amended 3-18-2003 by Ord. No. 63-2003]
B. 
Municipal cooperation. The Building Official or his authorized representative may request and shall have made available to him the assistance and cooperation of the police, fire and other municipal officials in the performance of his duties.
A. 
Unsafe building procedure. All buildings or structures that endanger the health, safety or welfare of the public shall be deemed to be unsafe buildings or structures. Such buildings or structures shall be repaired or removed in accordance with the following provisions and procedures herein established. A completely vacant building, unguarded or open at door or window or roof, shall be deemed a fire hazard and unsafe within the meaning of the code.
B. 
Power to examine. The Building Official shall have the power to examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard and which endangers the health, safety or welfare of the public. After such examination, the Building Official shall make a report of his findings.
C. 
Unsafe building notice. Whenever the Building Official finds that a building or structure is unsafe, he shall cause notice to be served upon the owner and all other persons having an interest in such property or structure and, in the case of an absentee or unknown owner, to the person to whom tax bills are mailed, either personally or by certified mail, return receipt requested, addressed to the last known addresses as shown by the records of the City Treasurer, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order of the Building Official requiring the same to be repaired or removed; if such service is made by registered mail, a copy of said notice shall at the same time be posted on the premises.
[Amended 11-20-2018 by Ord. No. 2018-226]
D. 
Owner responsibility. The owner so served shall commence the repair or removal of such building or structure within a period of 30 days from the date of mailing the notice.
E. 
Copy of notice. A copy of such notice shall be filed in the office of the Clerk of the County of Westchester, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of the Judge or Justice of a court of record or upon the consent of the Corporation Counsel. The Clerk of the County of Westchester shall mark such notice with any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
F. 
Hearings. The Building Official shall provide for a hearing to be afforded to the owner, notice of which shall be served upon the owner, specifying the time and place when the hearing will be held, and to such other persons having an interest in the property or structure affected. The notice may be included in the notice to repair or demolish.
G. 
Failure of owner. In the event that the owner fails, neglects or refuses to repair or remove the same within the period of 30 days herein provided, then the City is authorized to enter upon and remove the building or structure or make the necessary repair to render the building or structure safe.
H. 
Costs. All costs and expenses incurred by the City in connection with proceedings to repair or remove an unsafe building or structure shall be assessed against the land on which such building or structure is located, including the cost of actually removing the same.
A. 
Vacating building. When, in the opinion of the Building Official, there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building, the Building Official is hereby authorized and empowered to order and require the inmates and occupants to vacate the same forthwith. He may cause to be posted at each entrance to such building a notice declaring the building unsafe and prohibiting its occupancy, and it shall be unlawful for any person to enter such building or structure, except for the purpose of making the required repairs or of demolishing the same.
B. 
Temporary safeguards. When, in the opinion of the Building Official, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, and the owner fails to take sufficient remedial measures, the Building Official may cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted. The cost thereof shall be chargeable to the owner.
C. 
Closing streets. When necessary for the public safety, the Building Official may temporarily authorize the closing of sidewalks, streets, buildings and structures and places adjacent to such unsafe buildings and prohibit the same from being used.
D. 
Emergency repairs. For the purposes of this section, the Building Official may employ the necessary labor and materials to perform the required work as expeditiously as possible.
E. 
Costs of emergency repairs. Cost incurred in the performance of emergency work shall be paid from the municipal treasury on certificate of the Building Official, and the legal authority of the municipality shall institute appropriate action against the owner of the premises where the unsafe building or structure was located for the recovery of such costs.