As used in this chapter, the following terms
shall have the meanings indicated:
ALTERATION
Any change, rearrangement or addition to a building other
than repairs; any modification in construction or in building equipment.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof affording shelter
to persons, animals or property.
DEMOLITION
The removal of an entire structure or pool.
REPAIR
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment with like or similar
materials or parts for the purpose of maintenance, preservation or
restoration of such building, structure, device or equipment.
SMALL PROJECTS
Any addition to or alteration or modification of an existing
single- or two-family residence structure:
A.
For which a valid certificate of occupancy exists
for all structures on the property;
B.
Upon which property there are no open building
permits and no building permit or certificate of occupancy was issued
within the immediate past 12 months;
C.
That:
(1)
Has a gross floor area of 300 square feet or
less where located in Zoning Districts R-1, R-2 and R-3 and 200 square
feet or less where located in all other zoning districts;
(2)
Does not create a second story if none previously
existed on the structure; and
(3)
Is less than 15% of the existing floor area
of the structure; and
D.
That does not substantially change the appearance
visible from the street of any front or side facade or roof.
STRUCTURE
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
The Office of Building Inspector is hereby created
and shall be filled by an appointment by the City Manager. The Building
Inspector shall possess background experience related to building
construction or fire prevention and shall, within the time constraints
prescribed by law, obtain such training as the State of New York shall
required for code enforcement personnel.
The City Manager may appoint one or more subordinates,
as the need may appear, to act under the supervision and direction
of the Building Inspector and to exercise any portion of the powers
and duties of the Building Inspector as directed by him.
No officer or employee of the Department of
Buildings shall engage in any activity inconsistent with his duties
or with the interest of such Department; nor shall he, during the
term of his employment, be engaged directly or indirectly in any building
business; in the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building or the preparation
of plans or specifications thereof within the City of Rye, except
that this provision shall not prohibit any employee from such activities
in connection with the construction of a building or structure owned
by him and not constructed for sale.
The compensation for the Building Inspector,
acting Building Inspector(s), Fire Inspector and subordinates shall
be fixed and adjusted as needed by the City Manager.
The Building Inspector shall administer and
enforce all the provisions of the Uniform Code and the provisions
of this chapter, including receiving building permit applications;
reviewing plans and specifications; conducting inspections; issuing
permits for the erection, alteration, relocation, addition, repair
and/or demolition of buildings and structures; issuing certificates
of occupancy; collecting fees as set forth by the City Council and
maintaining and filing all records necessary for the administration
of the office to the satisfaction of the City Council. The Building
Inspector is authorized to pursue administrative actions and, in consultation
with the Corporation Counsel, legal action as necessary to abate conditions
not in compliance with the Uniform Code, this chapter or other laws,
rules or regulations of the City of Rye or of the State of New York.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of the Police and Fire Departments
and of all municipal officials exercising any jurisdiction over the
construction, use or occupancy of buildings or the installation of
equipment herein.
Whenever there are reasonable grounds, the Building
Inspector may require material, construction equipment or assemblies
to be subjected to tests in order to furnish proof of compliance with
the reference standards of the Uniform Code.
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises; and these remedies shall be
in addition to the penalties prescribed in the preceding section.
If there is any conflict with other codes, rules
or regulations, the most restrictive provisions shall apply.