[HISTORY: Adopted by the Town Board of the Town of Ossining 5-2-1952 by Ord. No. 12. Amendments noted where applicable.]
GENERAL REFERENCES
Issuance of appearance tickets by Building Inspector — See Ch. 7, Art. I.
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]
(1) 
He shall notify the owner, tenant or construction personnel before conducting any inspection.
(2) 
He shall display identification of his position upon commencing an inspection.
(3) 
Inspections shall be conducted in the presence of the owner, tenant or construction personnel representative.
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]
A. 
Fees for permits required under the terms of this chapter shall be set by resolution of the Town Board in the Fee Schedule.[1]
[Amended 3-26-1985 by L.L. No. 2-1985; 9-11-2007 by L.L. No. 8-2007]
[1]
Editor's Note: See Ch. A203, Fees.
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.
A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector as provided in the Zoning Ordinance of the Town of Ossining.[1]
[1]
Editor's Note: See Ch. 200, Zoning.
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.
D. 
Application fees for certificates of occupancy shall be set by resolution of the Town Board in the Fee Schedule.[2]
[Amended 9-13-1966 by Ord. No. 60; 3-26-1985 by L.L. No. 2-1985; 9-11-2007 by L.L. No. 9-2007]
[2]
Editor's Note: See Ch. A203, Fees.
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.