[HISTORY: Adopted by the Town Board of the
Town of Ossining 5-2-1952 by Ord. No. 12. Amendments noted where
applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 66.
Electrical standards — See Ch. 82.
Excavations — See Ch. 87.
Filling and grading — See Ch. 92.
Fire prevention — See Ch. 97.
Landmarks preservation — See Ch. 123.
Plumbing — See Ch. 148.
Subdivision of land — See Ch. 176.
Zoning — See Ch. 200.
Fees — See Ch. A203.
A.
Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Building Inspector shall administer and enforce all of the provisions
of laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures
and the installation and use of materials and equipment therein and
the location, use, occupancy and maintenance thereof.
B.
The Building Inspector shall receive applications
and issue permits for the erection, alteration, removal and demolition
of buildings or structures or parts thereof and shall examine the
premises for which such applications have been received or such permits
have been issued for the purpose of ensuring compliance with laws,
ordinances and regulations governing building construction.[1]
[1]
Editor's Note: The applicability of the New
York State Building Construction Code was accepted 3-8-1966 by L.L.
No. 1-1966.
C.
The Building Inspector shall issue all appropriate
notices or orders to remove illegal or unsafe conditions, to require
the necessary safeguards during construction and to ensure compliance
during the entire course of construction with the requirements of
such laws, ordinances or regulations. He shall make all inspections
which are necessary or proper for the carrying out of his duties.
D.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, the Building Inspector
may require the performance of tests in the field by experienced,
professional persons or by accredited and authoritative testing laboratories
or service bureaus or agencies.
E.
The Building Inspector, or any employee in his department,
shall have the right to enter any building or enter upon any land
at any reasonable hour as necessary in the execution of his duties,
provided that:
[Added 3-26-1985 by L.L. No. 2-1985]
A.
The Building Inspector shall keep permanent official
records of all transactions and activities of his department, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued.
B.
The Building Inspector shall submit monthly to the
Town Board a written report and summary of all business conducted
by him, including permits and certificates issued and fees collected,
together with complaints of violations received and any action taken
as a result of such complaints.
[Amended 3-26-1985 by L.L. No. 2-1985]
[Amended 3-26-1985 by L.L. No. 2-1985]
A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, removal, improvement,
demolition, conversion or change in the nature of the occupancy of
any building or structure, or cause the same to be done, without first
obtaining a separate building permit from the Building Inspector for
each such building or structure, except that no building permit shall
be required for the performance of ordinary repairs which are not
structural in nature.
B.
Application.
(1)
Each application for a building permit shall contain
the following information and shall be accompanied by the required
fee:
(a)
The full name, address and telephone number of the
owner of the property and, if a corporation, the names, addresses
and telephone numbers of the officers thereof.
(b)
The section, plate, block and lot designation of the
property and its street address, together with the zoning district
in which the property is located.
(c)
A brief description of the nature of the proposed
work and a cost estimate of the same.
(d)
A statement indicating the present and future use
and occupancy of all parts of the land and of the buildings or structures
constructed or proposed to be constructed thereon.
(e)
A copy of the existing certificate of occupancy for
the property and for the buildings and improvements thereon.
(2)
Application shall be made by the owner or lessee or
the agent of either or by an architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an acknowledged
statement by the owner that the proposed work is authorized by the
owner and that the applicant is authorized to make such application.
(3)
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale and signed by the person responsible for preparing
the plans and specifications and shall contain the following:
(a)
The actual shape, dimensions, radii, angles and area
of the lot on which the building or structure is proposed to be erected,
or the lot on which it is situated if an existing building or structure.
(b)
The section, plate, block and lot designation of the
property and its street address, together with the zoning district
in which the property is located.
(c)
The exact size and location on the lot of all existing
buildings and improvements and of the proposed buildings, structures
or improvements.
(d)
The dimensions of all front, rear and side yards in
relation to the existing and proposed buildings, structures and improvements
and the distances between all existing and proposed buildings, structures
and improvements.
(e)
The existing and intended use of all buildings, both
existing and proposed, and the number of dwelling units the existing
and proposed buildings are designed to accommodate.
(f)
Such topographic or other information with respect
to the building, the lot or neighboring lots as may be necessary or
reasonably required by the Building Inspector to determine that the
proposed construction will conform to the provisions of all federal,
state, county or Town laws, ordinances, rules and regulations applicable
thereto.
(4)
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work, subject to the prior approval of the
Building Inspector.
[Added 5-11-2021 by L.L. No. 5-2021]
A.
Effective
June 1, 2021, the NYStretch Energy Code 2020, published by the New
York State Energy Research and Development Authority (hereafter referred
to as "NYStretch"), as such may be amended from time to time, shall
be applicable to all new construction, substantial renovations, alterations
and additions requiring the issuance of a building permit, as required
by the 2020 Energy Conservation Construction Code of New York State,
as amended by NYStretch, in the Town of Ossining.
B.
Construction,
substantial renovations, alterations and additions that obtained an
approval necessary to facilitate such work from the Planning Board,
Zoning Board of Appeals, Architectural Review Board and/or Town Board,
or have been issued a building permit in accordance with this chapter,
prior to June 1, 2021, shall not be required to comply with the requirements
of this section.
C.
A copy
of NYStretch shall be made available for public inspection on the
Town of Ossining website, in the Town Clerk's office and in the Town
Building Department.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within a reasonable time.
B.
Upon approval of the application and upon receipt
of the legal fees therefor, he shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereto.
C.
Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "approved." One
set of such approved plans and specifications shall be retained in
the files of the Building Inspector and the other set shall be returned
to the applicant, together with the building permit, and shall be
kept at the building site open to inspection by the Building Inspector
or his authorized representative at all reasonable times.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the Building Inspector shall disapprove the same and
shall return the plans and specifications to the applicant. Upon the
request of the applicant, the Building Inspector shall cause such
refusal, together with the reasons therefor, to be transmitted to
the applicant in writing.
[Amended 3-26-1985 by L.L. No. 2-1985]
A.
A building permit shall be effective to authorize
commencement of work in accordance with the application, plans and
specifications on which it is based. The issuance of a building permit
shall constitute authority to the applicant to proceed with the work
in accordance with the approved plans and specifications and in accordance
with the applicable building laws, ordinances and regulations. All
work shall conform to the approved application, plans and specifications,
except that no building permit shall be valid insofar as it authorizes
the performance of work or the use of materials which are not in accordance
with the requirements of the applicable building laws, ordinances
and regulations.
B.
Each building permit shall expire if the work authorized
has not commenced within nine months after the date of issuance or
has not been completed within 18 months from such date for construction
costing less than $1,000,000 and has not been completed within 30
months from such date for construction costing in excess of such amount.
Upon application in writing, the Building Inspector may authorize
in writing the extension of either of the above time periods for an
additional six months only, following which no further work shall
be undertaken without a new building permit.
C.
As soon as the foundation of a building or structure
or any addition to an existing building or structure has been completed,
and before the first-story framing or wall construction has begun,
the applicant shall file with the Building Inspector an accurate survey
signed by the person responsible for said survey, showing the exact
location of such foundation with respect to the street, property lines
and all other buildings and structures on the lot.
[Amended 2-10-1953 by Ord. No. 13; 12-6-1960 by Ord. No.
32; 11-24-1964 by Ord. No. 45]
B.
In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of 50%
of the fee paid, provided that no construction has been commenced.
If construction work has been started and the application is not approved,
the fee paid shall not be refunded.
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based;
B.
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law;
C.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications; or
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued or in an unsafe and dangerous manner, he
shall notify the owner of the property or the owner's agent or the
person performing the work to suspend all work, and any such persons
shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall state the conditions under which the work may
be resumed and may be served upon a person to whom it is directed
either by delivering it personally to him, or by posting the same
upon a conspicuous portion of the building under construction and
sending a copy of the same by registered mail.[1]
[1]
Editor's Note: Original Section 9, Right of
Entry, which immediately followed this section, was deleted 3-26-1985
by L.L. No. 2-1985.
B.
No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance
of a building permit, shall continue to be occupied or used for more
than 30 days after the completion of the alteration or work unless
a certificate of occupancy shall have been issued by the Building
Inspector.
C.
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy shall have
been issued by the Building Inspector.
Before issuing a certificate of occupancy, the
Building Inspector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
building permit to construct, enlarge, alter, repair, remove, demolish
or change the use or occupancy; and he may conduct such inspections
as he deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued.
A.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
B.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts
may be put.
Upon request, 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 building permit
shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life or the public welfare.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the applicable building laws, ordinances
or regulations, the Building Inspector may require the same to be
subjected to tests in order to furnish proof of such compliance.
[Amended 3-26-1985 by L.L. No. 2-1985]
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any provision of this chapter or to fail in any manner to comply
with a notice, directive or order of the Building Inspector or to
construct, alter or use and occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or
certificate of occupancy.
B.
Any person who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction or use of any building, who
shall knowingly violate any of the applicable provisions of this chapter
or any lawful order, notice, directive, permit or certificate of the
Building Inspector made thereunder, shall be punishable by a fine
and/or imprisonment pursuant to § 382 of the New York Executive
Law.
[Amended 5-25-2010 by L.L. No. 1-2010]
C.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person convicted
thereof.
D.
This section shall not apply to violations of the
provisions of the Multiple Residence Law punishable under § 304
of the Multiple Residence Law of the State of New York.
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.
This chapter shall be effective and operative
only in that portion of the Town of Ossining outside of any incorporated
village therein.
