[Amended 4-14-2008 by L.L. No. 2-2008]
No premises, building or structure or part thereof
shall hereafter be moved, erected, constructed, reconstructed, demolished,
extended or altered except in conformity with the provisions herein
contained. This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (hereinafter
referred to throughout this chapter as the "Uniform Code") and the
State Energy Conservation Construction Code (hereinafter referred
to throughout this chapter as the "Energy Code") in this Village.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law. Except as otherwise provided in the Uniform Code, other
state law, or other section of this chapter, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
of this chapter.
A.
Permit required; applications; fees.
(1)
Before commencing to move, demolish, erect, construct,
alter or add to any premises or building or to make substantial additions
to or changes in the plumbing, heating, elevator or electrical equipment
of any building, the owner, lessee, architect or builder, or the agent
of any one of them, shall secure from the Building Inspector, hereinafter
called the "Inspector," a permit for the complete operation in question.
A building permit shall be required for any work which must conform
to the Uniform Code and/or the Energy Code, including, but not limited
to, the construction, enlargement, alteration, improvement, removal,
relocation or demolition of any premises, building or structure or
any portion thereof, and the installation of a solid-fuel-burning
heating appliance, chimney or flue in any dwelling unit. Whenever
any proposed operation includes any demolition, such fact shall be
expressly stated. Applications for a building permit shall be made
in writing on a form provided by or otherwise acceptable to the Building
Inspector. The application shall be signed by the owner of the property
where the work is to be performed or an authorized agent of the owner.
The application shall include such information as the Building Inspector
deems sufficient to permit a determination by the Building Inspector
that the intended work complies with all applicable requirements of
the Village of Elmsford Zoning Code, Uniform Code, and the Energy
Code and details of structural, plumbing, mechanical and electrical
work, including computations, stress diagrams and other essential
technical data. The application shall include or be accompanied by
the following information and documentation:
(a)
A description of the proposed work;
(b)
The Tax Map number and the street address of
the premises where the work is to be performed;
(c)
The occupancy classification of any affected
building or structure;
(d)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code; and
at least three sets of construction documents (drawings and/or specifications)
which:
[1]
Define the scope of the proposed work;
[2]
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
[3]
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
[4]
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
[5]
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines.
(2)
Such application shall be accompanied by a triplicate
set of legible drawings to an accurate scale to the satisfaction of
the Building Inspector, in ink, blueprint or tracing, and a written
statement of the specifications in duplicate; and any additional detailed
drawings or other information required by the Inspector shall also
be furnished in triplicate. The statement of specifications or drawings
shall contain such information as the Building Inspector shall require,
and shall include a property survey if required.
(a)
General requirements.
[1]
All plans, specifications, calculations, and
other documentation shall bear the signature and seal of a New York
State registered architect or of a professional engineer licensed
to practice in New York State.
[2]
All documents submitted shall be identified
to indicate the licensed design professional's name and address.
[3]
A minimum two-and-one-half-inch-by-three-and-one-half-inch
clear box must be provided on all sheets of plans near the title box
for the stamp(s) of approval.
[4]
Documents shall provide or show occupancy or
use; area, height, and number of stories; type of construction; and
loads (wind, floor, snow, and seismic).
[5]
Energy conservation requirements.
[a]
Provide methodology of compliance, or tables
and calculations that demonstrate compliance.
[b]
Provide details of materials and assemblies
for compliance with envelope requirements.
[c]
Provide equipment efficiencies and control methods.
[d]
Provide electronic file of model where computer
documentation of compliance is provided.
(b)
Occupancy limitations. The application shall
include a table showing occupancy limitations for each floor and space.
Dwelling units, hotel units, motel units, housekeeping units, rooming
units and dormitory units total occupancy shall be limited by the
most restrictive number calculated from the following:
[Amended 12-5-2016 by L.L. No. 8-2016]
[1]
Every bedroom occupied by one person shall contain
at least 70 square feet (6.5 square meters) of floor area, and every
bedroom occupied by more than one person shall contain at least 50
square feet (4.6 square meters) of floor area for each occupant thereof.
[2]
Living room occupied by one to two occupants,
no minimum area required; three to five occupants, 120 square feet
minimum required; six or more occupants, 150 square feet required.
[3]
Dining room occupied by one to two occupants,
no minimum area required; three to five occupants, 80 square feet
minimum required; six or more occupants, 100 square feet required.
[4]
Kitchen occupied by one to five occupants, 50
square feet minimum required; six or more occupants, 60 square feet
required.
[5]
Combined living room and dining room spaces
shall comply with the requirements of above if the total area is equal
to that required for separate rooms and if the space is located so
as to function as a combination living room/dining room.
[6]
Efficiency unit. Nothing in this section shall
prohibit an efficiency living unit from meeting the following requirements:
[a]
A unit occupied by not more than two occupants
shall have a clear floor area of not less than 220 square feet (20.4
square meters).
[b]
A unit occupied by three occupants shall have
a clear floor area of not less than 320 square feet (29.7 square meters).
These required areas shall be exclusive of the areas required in Subsection
A(2)(b)[6][c] and [d] below.
[c]
The unit shall be provided with a kitchen sink,
cooking appliance and refrigeration facilities, each having a clear
working space of not less than 30 inches (762 mm) in front. Light
and ventilation conforming to this code shall be provided.
[d]
The unit shall be provided with a separate bathroom
containing a water closet, lavatory, and bathtub or shower.
[e]
The maximum number of occupants shall be three.
(c)
Building drawing set; minimum scales (necessary
to communicate the required information).
(d)
Miscellaneous. The application for a permit
shall give the names and addresses of the applicant, the architect,
the engineer, and the builder and the full name and address of the
owner of the property. Each application shall state the estimated
cost of the undertaking. All facts in the application shall be subject
to affirmation under oath. If, in the judgment of the Inspector, the
estimated cost is manifestly incorrect, the Inspector may himself,
or employ others to, estimate the cost of the work, and the expense
of such estimate shall be paid by the applicant. Any application may
be amended or corrected and must be amended if any major changes are
made in plans or specifications, but no major modification in the
actual work may be made until, after such amendment of application,
the permit shall have been amended or a new permit issued. If other
approvals are required by the Village boards and commissions, the
application for a building permit is not to be considered complete
until such approvals are granted. An application for a permit for
any proposed work shall be deemed to have been abandoned upon the
lapse of 90 days after the date of filing unless other approvals are
required by and in process before, Village boards and commissions
or a permit has been issued before the expiration of that period.
(3)
Exemptions. No building permit shall be required for
work in any of the following categories:
(a)
Installation of swings and other playground
equipment associated with a one- or two-family dwelling or multiple
single-family dwellings (townhouses);
(b)
Installation of partitions or movable cases
less than five feet nine inches in height that does not remove or
change any required means of egress, or rearrangement in a manner
which affects egress;
(c)
Painting, wallpapering, tiling, carpeting, or
other similar finish work;
(d)
Installation of listed portable electrical,
plumbing, heating, ventilation or cooling equipment or appliances;
(e)
Replacement of any nonvented or non-fuel-fired
equipment, provided the replacement does not alter the equipment's
listing or render it inconsistent with the equipment's original specifications;
or
(f)
Repairs, provided that such repairs do not involve:
[1]
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
[2]
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
[3]
The enlargement, alteration, replacement or
relocation of any building system; or
[4]
The removal from service of all or part of a
fire protection system for any period of time.
(4)
Exemption not deemed authorization to perform noncompliant
work. The exemption from the requirement to obtain a building permit
for work in any category set forth in this section shall not be deemed
an authorization for work to be performed in violation of the Uniform
Code or the Energy Code.
(5)
Fees.
(a)
The applicant shall pay all fees as set forth
by resolution of the Board of Trustees in the Master Fee Schedule,
which may be amended from time to time.
(b)
Additional costs. The Building Department is
frequently called upon to retroactively issue permits for various
items listed in this Part I due to the applicant's and/or homeowner's
failure to timely apply for a proper permit. Recognizing the extra
clerical and follow-up enforcement costs to the Building Department
necessitated by such delinquent applications, the Building Department
shall charge an extra administrative fee equal to the original permit
fee plus actual hourly wages of any employee whose time is expended
in connection with working on such applications.
(6)
One set of plans for the proposed construction or
alteration, together with one copy of the application for said construction,
shall be filed with the Board of Assessors of the Town of Greenburgh
by the Building Inspector on a regular basis.
B.
Permits: issuance, expiration, revocation; plans on
premises.
(1)
Copies of all approved plans and specifications shall
be kept on file by the Inspector, and one set of officially stamped
copies shall be returned to the applicant upon issuance of the permit.
Construction documents which are accepted as part of the application
for a building permit shall be marked as accepted by the Building
Inspector in writing or by stamp.
(2)
An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Building Inspector shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code and the prospective uses comply with the requirements of this Part 1, and Chapter 335, Zoning.
(3)
A conditional permit for foundations only may be issued
after the examination of general plans and the statement of specifications
pending the receipt of further detailed information required by the
Inspector.
(4)
Building permits shall be visibly displayed at the
work site and shall remain visible until the authorized work has been
completed.
(5)
During the progress of the construction, a set of
plans and the statement of specifications bearing the stamp or signature
of the Inspector at all times shall be kept on the premises involved.
All work shall be carried on in strict accordance with such plans
and specifications.
(6)
The provisions of this Part 1 shall not apply to any
building for which a permit has been heretofore issued, provided that
work on such building shall be begun within 30 days from the time
of adoption of this Part 1, and provided further that such work shall
be completed in its entirety within one year from such time of adoption.
(7)
Unless actual construction work is begun within one
month of the date of any permit (or in the case of any demolition,
within two months), then such permit shall expire by limitation; except
that the Inspector may postpone such expiration date not more than
six months, in his discretion. In case of expiration of permit, no
fees paid shall be reimbursed to the applicant.
(8)
A permit may be revoked because of any false statement
or misrepresentation of material fact in the application, or because
of failure to carry out the construction in substantial accordance
with the accepted plans and specifications; and the Inspector shall
issue a violation, in writing, giving the applicant 10 days to remove
the violation, after which time the permit may be revoked. Notice
of the revoking of a permit shall be deemed to be duly given by service
upon a responsible individual in charge at the premises or by mailing
to the post office address of the party to whom the permit was issued.
It shall be unlawful to proceed with any building work after the revocation
of a permit.
C.
Construction inspections.
(1)
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection C(2) of this section is ready for inspection.
(2)
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(a)
Work site prior to the issuance of a building
permit;
(b)
Footing and foundation;
(c)
Preparation for concrete slab;
(d)
Framing;
(e)
Building systems, including underground and
rough-in;
(f)
Fire-resistant construction;
(g)
Fire-resistant penetrations;
(h)
Solid-fuel-burning heating appliances, chimneys,
flues or gas vents;
(i)
Energy Code compliance; and
(j)
A final inspection after all work authorized
by the building permit has been completed.
(3)
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
(4)
Reinspection fee. The reinspection fee as set forth
by resolution of the Board of Trustees in the Master Fee Schedule,
which may be amended from time to time, must be paid prior to or at
the time of each reinspection performed pursuant to this section.
D.
Certificate of occupancy; change in nature of occupancy.
(1)
No building hereafter constructed, extended, reconstructed or altered shall be occupied until a certificate of occupancy, as provided in Chapter 335, Zoning, shall have been issued by the Inspector, except that any building occupied during alteration may continue to be occupied in accordance with the provisions of this Part 1 for 30 days succeeding the completion of such alteration. A certificate of occupancy shall certify that the building involved conforms to the requirements of this Part 1 and Chapter 335, Zoning, for the proposed occupancy and use, which shall be stated in the certificate. Such certification shall apply, among other matters, to character of construction, number of stories, purposes for which the building may or may not be used, the permissible live loads of the several floors and the permissible number of occupants of each story. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the certificate of occupancy/certificate of compliance, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy/certificate of compliance:
(2)
Contents of certificates of occupancy/certificates
of compliance. A certificate of occupancy/certificate of compliance
shall contain the following information:
(a)
The building permit number, if any;
(b)
The date of issuance of the building permit,
if any;
(c)
The name, address and Tax Map number of the
property;
(d)
If the certificate of occupancy/certificate
of compliance is not applicable to an entire structure, a description
of that portion of the structure for which the certificate of occupancy/certificate
of compliance is issued;
(e)
The use and occupancy classification of the
structure;
(f)
The type of construction of the structure;
(g)
The occupant load of the structure, if any;
(h)
If an automatic sprinkler system is provided,
a notation as to whether the sprinkler system is required;
(i)
Any special conditions imposed in connection
with the issuance of the building permit; and
(j)
The signature of the Building Inspector issuing
the certificate of occupancy/certificate of compliance and the date
of issuance.
(3)
A temporary certificate of occupancy may be issued
for a part of a building in advance of the completion of the whole,
at the discretion of the Inspector, provided that such occupancy in
no way jeopardizes life or property. However, in no event shall the
Building Inspector issue a temporary certificate unless the Building
Inspector determines that the building or structure, or the portion
thereof covered by the temporary certificate, may be occupied safely,
that any fire- and smoke-detecting or fire protection equipment which
has been installed is operational, and that all required means of
egress from the building or structure have been provided. The Building
Inspector may include in a temporary certificate such terms and conditions
as he or she deems necessary or appropriate to ensure safety or to
further the purposes and intent of the Uniform Code. A temporary certificate
shall be effective for a period of time which shall be determined
by the Building Inspector and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and the Energy Code.
(4)
Revocation or suspension of certificates. If the Building
Inspector determines that a certificate of occupancy/certificate of
compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Building
Inspector within such period of time as shall be specified by the
Building Inspector, the Building Inspector shall revoke or suspend
such certificate.
E.
Any building to be demolished shall be taken down
story by story. No materials shall be placed on any floor during demolition
that would render it unsafe, but all shall be at once lowered to the
ground. All combustible material shall be removed or destroyed. No
material shall be destroyed by burning on the premises or in the immediate
vicinity.
F.
Operating permits.
(1)
Operating permits required.
(a)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
[1]
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Tables 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
[2]
Hazardous processes and activities, including,
but not limited to, commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
[3]
Use of pyrotechnic devices in assembly occupancies;
[4]
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
[5]
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Board of Trustees of this Village.
(2)
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Building Inspector. Such application
shall include such information as the Building Inspector deems sufficient
to permit a determination by the Building Inspector that quantities,
materials, and activities conform to the requirements of the Uniform
Code. If the Building Inspector determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Building Inspector, at the expense of the applicant.
(3)
Inspections. The Building Inspector or an inspector
authorized by the Building Inspector shall inspect the subject premises
prior to the issuance of an operating permit.
(4)
Multiple activities. In any circumstance in which more than one activity listed in Subsection F(1)(a) of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
(5)
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the Building Inspector to be consistent with local conditions.
The effective period of each operating permit shall be specified in
the operating permit. An operating permit may be reissued or renewed
upon application to the Building Inspector, payment of the applicable
fee, and approval of such application by the Building Inspector.
(6)
Revocation or suspension of operating permits. If
the Building Inspector determines that any activity or building for
which an operating permit was issued does not comply with any applicable
provision of the Uniform Code, such operating permit shall be revoked
or suspended.
(7)
Fee. The applicant shall pay all fees as set forth
by resolution of the Board of Trustees in the Master Fee Schedule,
which may be amended from time to time.
A.
The provisions of this Part 1 shall be enforced, and
all building operations shall be supervised, by the Inspector. The
Inspector shall keep records of his acts and decisions and shall render
to the Board of Trustees monthly, in writing, a detailed statement
of building operations during the month preceding, of permits and
certificates issued, of fees collected and of the estimated cost of
work covered by such permits; of inspections made, violations found
and actions taken with respect to such violations. Dereliction of
the Inspector in his duties shall not legalize any violation of the
provisions of this Part 1.
B.
In his own person or in that of a duly delegated subordinate,
and upon exhibition of an authorized identifying badge, the Inspector
shall have, for the purposes herein specified, the right of entry
upon due notice to the occupants, to any existing building in which
he has reason to believe unsafe conditions exist, or to any part of
any building upon which building work is being carried on.
C.
When the Inspector shall have reason to believe that
any building is unsafe, he shall cause the owner thereof to be notified
and shall grant the owner a reasonable time, depending on the urgency
of the case, to remedy any unsafe condition. It shall be the duty
of any owner, within 48 hours after having received notice that his
building is unsafe, to begin such work as may be necessary in the
interest of permanent safety and to carry on such work diligently.
The Inspector shall have power, in case of necessity, to cause the
premises to be vacated or the street or sidewalk to be closed, or
to take any other measures necessary for safety to persons or protection
of property, including the building of temporary protective structures.
The owner of the premises shall reimburse the municipality for any
expenditure involved in these actions. No building which shall have
been vacated as the result of proceedings under this section shall
thereafter be occupied until a certificate of occupancy shall have
been issued as hereinbefore provided. In all such cases, a full report
of facts shall be made by the Inspector to the Board of Trustees forthwith.
[Amended 4-14-2008 by L.L. No. 2-2008]
