[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 12-13-2022 by L.L. No. 7-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former Ch. 91, Building
Construction and Fire Prevention, adopted 6-26-1984 by L.L. No. 9-1984;
amended in its entirety 1-23-2007 by Ord. No. 3-2007, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A permit issued pursuant to § 91-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A document issued by the Village stating that work was done
in compliance with approved construction documents and the Codes.
A document issued by the Village certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Village,
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
Any location, including land and water, where construction
takes place.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
The New York State Energy Conservation Construction Code.
The Fire Code of New York State as incorporated by reference
in 19 NYCRR Part 1225.
The Building Inspector, or his or her designee, is authorized to perform fire safety and property maintenance inspections pursuant to § 91-12 to determine whether the building or structure complies with the requirements of the Uniform Code and the Village Code.
A certificate issued in recognition of having successfully completed the required fire safety and property maintenance inspection pursuant to § 91-12.
A solid, liquid or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food vehicles.
A permit issued pursuant to § 91-11 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
The person to whom a building permit was issued.
An individual, corporation, limited-liability company partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
The use of a building or structure, or a portion thereof,
for the gathering together of persons for purposes such as civic,
social or religious functions, recreation, food or drink consumption
or awaiting transportation.
The Property Maintenance Code of New York State as incorporated
by reference in 19 NYCRR Part 1226.
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The Residential Code of New York State incorporated by reference
in 19 NYCRR 1220.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The conditions identified as "unsafe" in Section 304.1.1,
Section 305.1.1, and Section 306.1.1 of the New York State Property
Maintenance Code (a publication currently incorporated by reference
in 19 NYCRR Part 1226), or successor editions.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
The Village of Rye Brook.
A.
The Building Inspector of the Village of Rye Brook is hereby designated
as Chief Enforcement Officer for the Village of Rye Brook pursuant
to the New York State Uniform Fire Prevention and Building Code.
B.
The Building Inspector shall be appointed by the Board of Trustees.
The Building Inspector shall possess background experience related
to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training, and other training as the State of New
York shall require for code enforcement personnel, and the Building
Inspector shall obtain certification from the Department of State
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Building Inspector is unable to serve as such
for any reason, another individual shall be appointed by Board of
Trustees to serve as Acting Building Inspector. The Acting Building
Inspector shall, during the term of their appointment, exercise all
powers and fulfill all duties conferred upon the Building Inspector
by this chapter.
D.
The Board of Trustees may, by resolution, designate additional enforcement
officers to act under the supervision and direction of the Building
Inspector and to assist the Building Inspector in the exercise of
the powers and fulfillment of the duties conferred upon the Building
Inspector by this chapter. Each Inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training, and other training as the State of New York shall
require for code enforcement personnel, and each Inspector shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
A.
The Building Inspector of the Village of Rye Brook is hereby designated
as Chief Enforcement Officer for the Village of Rye Brook pursuant
to the New York State Uniform Fire Prevention and Building Code. The
Board of Trustees may, by resolution, designate additional enforcement
officers.
B.
Except as otherwise specifically provided by law, ordinance, rule
or regulation or except as herein otherwise provided, the Building
Inspector, or his duly authorized designee, shall administer and enforce
all of the provisions of the New York State Uniform Fire Prevention
and Building Code, any regulations promulgated thereunder and any
rules and regulations adopted by the Village of Rye Brook applicable
to construction, alteration, removal and demolition of buildings and
structures, including electrical, plumbing and drainage work therein
and the installation and use of materials and equipment therein and
the location, use, occupancy and maintenance thereof. The Building
Inspector shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permit, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permit, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Building Inspector may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this chapter.
C.
Prior to the issuance of a certificate of occupancy or certificate
of compliance, the Building Inspector, or his duly authorized designee,
shall have the right, for reasons of public health, or safety, at
any reasonable hour, upon the showing of proper credentials and in
the discharge of his duties, to enter upon any building, structure
or premises for which an application for a building permit has been
filed or a building permit has been issued; and no person or animal
shall interfere with or prevent such entry. The application for a
building permit shall be conclusively deemed consent to the aforementioned.
D.
The Building Inspector, or his duly authorized designee, shall, on
complaint or other information, examine a premises, including, but
not limited to, existing and completed buildings and structures; buildings
and structures under construction; and front, side and backyards;
and shall issue all appropriate notices or orders to remove illegal
or unsafe conditions, to require the necessary safeguards during the
construction and to ensure compliance during the entire course of
construction with the requirements of applicable laws, codes, ordinances
or regulations. The Building Inspector, or his authorized designee,
shall make all inspections which are necessary or proper for the carrying
out of duties, except as he may accept written reports and certifications
of inspection from others.
E.
The Building Inspector shall keep permanent official records of all
transactions and activities conducted by him, including all valid,
unexpired applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, all rules
and regulations promulgated by the municipality and notices and orders
issued.
A.
No person shall erect, enlarge, improve, remove, relocate, demolish
or structurally alter any building, building system, or other structure,
or perform nonstructural alterations where permits are required due
to the Uniform Fire Prevention and Building Code or as otherwise provided
in the Code of the Village of Rye Brook, within the Village of Rye
Brook without first obtaining a building permit. "Building systems"
shall be defined as including, but not limited to, fuel-fired appliances
and heating systems, emergency and standby power systems, electrical
systems and equipment, plumbing systems and equipment, mechanical
refrigeration systems, elevator recall, stationary lead-acid battery
systems and commercial kitchen hoods. A building permit will be issued
only to the owner(s) of record of the affected real property. The
building permit application must be signed by the owner(s) of record.
B.
No building permit shall be required for work in any of the following
categories:
(1)
Construction or installation of a one-story detached shed. A "shed" shall be defined as a one-story detached accessory structure which is used for tools and/or storage and includes playhouses and shall be exempt from the building permit process. Only one shed is allowed per lot, and such shed may not be placed in the front yard, regardless of size. The setback for a shed up to eight feet in height as measured from the average grade around the shed to the highest point shall be five feet. The setback for a shed exceeding eight feet in height but not exceeding 10 feet in height, measured in the same manner, shall be seven feet. Any shed that requires a building permit shall be subject to the setback rules for accessory structures as set forth in § 250-6. A property owner will be required to prove that the shed satisfies the setback requirements if an objection is made to or by the Village. A building permit shall not be required to erect or install a shed, provided it meets the following requirements:
(a)
The total square footage does not exceed 144 square feet;
(b)
The height does not exceed 10 feet as measured from the average
grade around the shed to the highest point;
(c)
The shed is not placed upon a poured concrete or asphalt foundation;
(d)
The shed does not have any plumbing or sanitary facilities.
(2)
Windows. Approval from the Architectural Review Board shall not be
required for the replacement of windows in kind, i.e., change from/to
double-hung, casement, picture, combination, bay, bow, awnings, slider
or garden window where the window opening is not modified or otherwise
changed.
C.
A building permit shall expire six months after its date of issuance
if construction has not commenced. If construction has commenced within
the six-month period set forth in this subsection, the building permit
shall expire 12 months after its date of issuance if all of the proposed
work has not been completed or a temporary certificate of occupancy
or certificate of occupancy has not been issued. Construction shall
be deemed to have commenced when significant construction work on
the project, as described in the building permit, has been performed.
The Building Inspector shall have the authority to determine whether
construction has commenced, and his or her decision shall be final.
D.
The Building Inspector shall have the authority to extend the period
during which all of the proposed work pursuant to a validly issued
building permit must be completed, or the period during which a temporary
certificate of occupancy or certificate of occupancy may be issued,
for up to two six-month periods upon good cause shown, as determined
by the Building Inspector, so long as construction was commenced within
six months of the date of issuance of the validly issued building
permit.
E.
Building permits which have expired and have not been extended by
the Building Inspector are invalid and in violation of this chapter.
A building permit which has become invalid may be reinstated upon
payment of the expired permit fee for a period not to exceed six months
from the date of payment of the expired permit fee, as contained in
the Village Fee Schedule.[1] Failure to complete the job and close the building permit
within such six-month period shall be deemed a violation of this chapter.
The expired permit fee pursuant to this subsection shall not apply
to building permit applications received before January 1, 2003.
[1]
Editor's Note: Said schedule is on file in the Village
Clerk's office.
F.
Work to be in accordance with approved construction documents. All
work shall be performed in accordance with construction documents
which were accepted and approved as part of the application for the
building permit, and with any approved amendments made thereto. The permit
holder, or their duly authorized designee, shall notify the Building
Inspector of any proposed change or changes prior to performing such
work. If the Building Inspector determines that such proposed change
or changes warrants amended sealed plans, or a new or amended building
permit, such construction change or changes shall not be performed
until and unless amended sealed plans reflecting such change or changes
are received and approved, and/or a new or amended building permit
reflecting such change or changes is issued by the Building Inspector.
G.
Building permits shall be prominently displayed at the job site such
that they are visible from the street abutting the front property
line and shall remain visible until the certificate of occupancy has
been issued.
H.
Revocation or suspension of building permits. If the Building Inspector
determines that a building permit was issued in error because of incorrect,
inaccurate, or incomplete information, or that the work for which
a building permit was issued violates the Uniform Code, the Energy
Code, or Village Code, the Building Inspector shall revoke the building
permit or suspend the building permit until such times as the permit
holder demonstrates that:
(1)
All work then completed is in compliance with all applicable provisions
of the Uniform Code, the Energy Code and Village Code;
(2)
All work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code, the Energy Code, and
the Village Code; and
(3)
All applicable fees are paid in full.
A.
Applications for building permits. Applications for building permits, as required by §§ 91-4 and 250-9, shall be made in writing on a form provided by or otherwise acceptable to the Building Department. The application shall bear the notarized signature of the owner of the property where the work is to be performed. The application shall include such information as the Building Inspector deems sufficient to permit his/her determination that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code and the Village Code. The application shall include or be accompanied by the following information and documentation:
(1)
A properly completed, executed and notarized application for a building
permit;
(2)
Deed with all covenants, restrictions and easements;
(3)
A current property survey; executed in the last calendar year from
the submittal of the application. Such survey shall be certified by
a New York State Licensed Land Surveyor;
(4)
A description of the location, nature, extent, and scope of the proposed
work;
(5)
The tax map number and the street address of any affected building
or structure;
(6)
The occupancy classification of any affected building or structure;
(7)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(9)
Photographs (one of each side of house, and from the perspective
of the proposed work to any neighbors) labeled with the owner's
name, address, section, block and lot, with date, showing the house
and/or property prior to work.
(10)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the Codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's Certificate of Authorization number.
(11)
Any additional information the Building Inspector requires as necessary
for the proper consideration of the permit.
B.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection A(10) above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Department in writing or by stamp (not including a date stamp), or in the case of electronic media, an electronic marking. One set of the approved construction documents shall be retained by the Building Inspector, and one set of the approved construction documents shall be returned to the applicant to be kept at the work site and made available to the Building Inspector, or his or her designee, upon demand. Approved plans shall not be returned to the applicant unless a permit has been issued for such work.
C.
All application materials shall be submitted in electronic file format
acceptable to the Building Department in addition to at least one
original signed application form, and an original of all other application
materials, or such other format or amount as determined by the Building
Department. The Building Department may waive the electronic submission
requirement only in extraordinary cases of technical infeasibility.
D.
A building permit application that is dormant or otherwise inactive
shall be deemed abandoned and void 12 months after the date of its
submission to the Building Department.
The Building Inspector or his duly authorized designee shall
examine or cause to be examined all applications for permits which
have been filed with the Building Department on prescribed application
forms and accompanied by plans, specifications and documents required
therewith which are to be in compliance with the Uniform Code, the
Energy Code and other applicable requirements of the Village Code.
The Building Inspector or his designee shall approve or disapprove
the application within a reasonable time, or refer the application
to the appropriate board for such approval.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or their designee. The permit holder, or their duly authorized designee, shall notify the Building Inspector when any element of work described in Subsection B below is ready for inspection. The contractor associated with the work to be inspected shall be present on the jobsite during the inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable. This list does not indicate
the order of inspections.
(1)
Work site prior to the issuance of a building permit and while construction
is ongoing and underway;
(2)
Open trench for water, sewer or electrical lines;
(3)
Footing and foundation, including, but not limited to, forms prior
to pour, reenforcing bar/wire, anchor bolts, sill seal and termite
protection;
(4)
Drainage;
(5)
Preparation for concrete slab, including, but not limited to, vapor
barrier and wire mesh;
(6)
Framing;
(7)
Sheathing/nail pattern;
(8)
Roofing;
(9)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building or structure;
(10)
Fire-resistant construction;
(11)
Fire-resistant penetrations;
(12)
Fuel-burning and electrical heating appliances, fuel tanks, chimneys,
flues or gas vents;
(13)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps and high-performance lighting and controls;
(14)
Installation, connection, and assembly of factory-manufactured buildings
and manufactured homes;
(15)
Any other construction elements deemed pertinent by the Building
Inspector in his or her sole discretion; and
(16)
Final Inspection after all work authorized by the building permit
has been completed.
C.
Remote inspections. At the discretion of the Building Inspector,
a remote inspection may be performed in lieu of an in-person inspection,
when in the opinion of the Building Inspector, the remote inspection
can be performed to the same level and quality as an in-person inspection
and the remote inspection shows to the satisfaction of the Building
Inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Building Inspector sufficient information
to make a determination, an in-person inspection shall be performed.
D.
Inspection results. After inspections, the Building Inspector shall
note the work or portion thereof satisfactory as completed, or the
permit holder, or his/her duly authorized designee, shall be notified
as to the manner in which the work fails to comply with the Uniform
Code, Energy Code or Village Code, including a citation to the specific
code provision or provisions of the Uniform Code or the Energy Code
that have not been met. Work not in compliance with any applicable
provision of the Uniform Code, Energy Code, or Village Code, including
a citation to the specific code provision or provisions of the Uniform
Code or the Energy Code, shall remain exposed until such work shall
have been brought into compliance with all applicable provisions of
the Uniform Code, the Energy Code, and the Village Code, is reinspected,
and found satisfactory as completed.
E.
The fees for construction inspections, including any additional fees
for reinspection, shall be determined by resolution of the Board of
Trustees. The current fee schedule is on file in the Village Clerk's
office. The fees for permits may vary with the nature of the building
and with the number of people that may occupy the building.
A.
The Building Inspector shall issue a stop-work order in accordance with the provisions of Chapter 214 to halt:
(1)
Any work that is determined by the Building Inspector to be contrary
to any applicable provision of the Uniform Code or Energy Code or
the Code of the Village of Rye Brook, without regard to whether such
work is or is not work for which the building permit is required,
and without regard to whether a building permit has or has not been
issued for such work; or
(2)
Any work that, in the opinion of the Building Inspector, is being
conducted in a dangerous or unsafe manner, without regard to whether
such work is or is not work for which a building permit is required,
and without regard to whether a building permit has or has not been
issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked;
or
(4)
Any unlawful use of a building or premises.
B.
A stop-work order shall state the reason for its issuance and the
conditions which must be satisfied before the work or use will be
allowed to resume.
A.
A certificate of occupancy or certificate of compliance shall be
required for any work which is the subject of a building permit and
for all structures, buildings, or portions thereof, which are converted
from one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.
The Building Inspector shall issue a certificate of occupancy or
certificate of compliance if the work which was the subject of the
building permit was completed in accordance with all applicable provisions
of the Uniform Code, Energy Code, the Village Code and, if applicable,
that the structure, building or portion thereof that was covered from
one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code, the Energy
Code and the Village Code. The Building Inspector shall inspect the
building, structure, or work prior to the issuance of a certificate
of occupancy or certificate of compliance.
C.
Application requirements.
(1)
The application for a certificate of occupancy or certificate of
compliance shall be submitted on forms furnished by the Building Department.
All application materials shall be submitted in electronic file format
acceptable to the Building Department in addition to at least one
original signed application form, or such other format or amount as
determined by the Building Department. The Building Department may
waive the electronic submission requirement only in extraordinary
cases of technical infeasibility.
(2)
The individual or entity seeking the certificate of occupancy or
compliance shall file with the Building Inspector a certified bill
of costs, including all costs of development, including but not limited
to engineering charges, architectural fees, engineering studies and
legal fees, interest and bank charges, site preparation and landscaping
costs as well as the cost of labor and construction materials both
actual and/or donated.
(a)
Said bill of costs shall be certified by a licensed engineer
or architect in charge of the project. If there is no engineer or
architect, the individual in charge of construction shall make the
certification.
(b)
If the estimated cost listed in the building permit was underestimated,
the building permit fee shall be corrected upon receipt of the certified
bill of costs.
D.
Prior to the issuance of any certificate of occupancy or certificate
of compliance, the Building Inspector shall determine that:
(1)
The inspected building, structure or work is in compliance with all
applicable provisions of the Uniform Code, the Energy Code and the
Village Code.
(2)
Where applicable, each written statement of structural observations
and/or a final report of special inspections adequately demonstrates
compliance with the applicable provisions of the Uniform Code and
the Village Code.
(3)
Where applicable, the flood hazard certifications adequately demonstrate
compliance with the applicable provision of the Uniform Code and the
Village Code.
(4)
Where applicable, each written statement of the results of tests
performed to show compliance with the Energy Code adequately demonstrates
compliance with the applicable provisions of the Energy Code.
(5)
Any seals, insignias, and manufacturers' data plates as required
for factory-manufactured buildings and/or manufactured homes comply
with the requirements of the Uniform Code or the Energy Code.
E.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)
Building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address, and tax map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy or certificate of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupancy load of the assembly areas in the structure; if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit;
(9)
The signature of the official issuing the certificate of occupancy
or certificate of compliance; and
(10)
The date of issuance of the certificate of occupancy or certificate
of compliance.
F.
Filing of approval authority's resolution with certificate of
occupancy. A certified copy of any Board of Trustees or Planning Board
approval or resolution granting site plan approval, a special use
permit, a wetland permit, a steep slope permit or a erosion and sediment
control permit shall be provided to the Building Inspector by the
approving authority within a reasonable period of time. The Building
Inspector shall attach the aforementioned duplicate to the copy of
the building permit maintained in the Building Department's files
and to the certificate of occupancy and make a notation on the certificate
of occupancy indicating the date of the approval authority's
resolution and the type of approval(s) granted.
The Fire Chief shall notify the Building Inspector of any of
any fire or explosion involving any structural damage, fuel-burning
appliance, chimney, or gas vent.
A.
Operating permits required. 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 the applicable Maximum Allowable Quantity
tables found in Chapter 50 of the FCNYS;
(2)
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;
(c)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
(d)
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
(f)
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(g)
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire byproducts or operating a tire rebuilding plant;
(h)
Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
(i)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
(j)
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law Section 270;
(k)
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)
Section 308, "Open Flames." Removing paint with a torch, or
using open flames, fire, and burning in connection with assembly areas
or educational occupancies; and
(m)
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle.
(3)
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in section R327.5 of the RCNYS.
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(7)
Parking garages;
(8)
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; and
(9)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Board of Trustees.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by the Building Department.
Such application shall include such information as the Building Inspector
deems sufficient to permit a determination by him/her 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.
C.
Inspections. The Building Inspector shall inspect the subject premises
prior to the issuance of an operating permit. Such inspections shall
be performed either in-person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the discretion
of the Building Inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Building Inspector that
the premises conform with the applicable requirements of the Uniform
Code and the Village Code. Should a remote inspection not afford the
Village sufficient information to make a determination, an in-person
inspection shall be performed. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder shall be notified as to the manner
in which the premises fails to comply with either or both the Uniform
Code or the Village Code, including a citation to the specific provision
or provisions that have not been met.
D.
Multiple activities. In any circumstances in which more than one activity listed in § 91-11A of this chapter is to be conducted at a location, the Building Inspector may require a separate operating permit for each activity, or the Building Inspector may, in their discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits.
(1)
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(a)
One hundred eighty days for tents, special event structures,
and other membrane structures;
(b)
Sixty days for alternative activities at a sugarhouse;
(c)
Three years for other processes or activities or for operating
any type of building, structure, or facility as determined by resolution
adopted by the Village; and
(d)
One year for all other activities, structures, and operations.
(2)
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.
F.
All operating permits concerning places of public assembly shall
state the number of people who may safely occupy the premises.
G.
All operating permits shall be displayed in a prominent location
as directed and approved by the Building Inspector, or his or her
designees.
H.
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 any applicable provisions of the Uniform
Code, such operating permit shall be revoked or suspended.
I.
The fees for permits shall be determined by resolution of the Board
of Trustees. The current fee schedule is on file in the Village Clerk's
office. The fees for permits may vary with the nature of the building
and with the number of people that may occupy the building.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Building Inspector
at the following intervals:
(1)
At least once every 12 months for buildings that contain an assembly
area.
(2)
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining or recreational facilities; and
(3)
At least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B.
Remote inspections. At the discretion of the Building Inspector a
remote inspection may be performed in lieu of in-person inspections
when, in the opinion of the Building Inspector, the remote inspection
can be performed to the same level and quality as an in-person inspection
and the remote inspection shows to the satisfaction of the Building
Inspector or such authorized Inspector that the premises conform with
the applicable provisions of 19 NYCRR Part 1225 and the publications
incorporated therein by reference and the applicable provisions of
19 NYCRR Part 1226 and the publications incorporated therein by reference.
Should a remote inspection not afford the Building Inspector sufficient
information to make a determination, an in-person inspection shall
be performed.
C.
Inspections permitted.
(1)
In addition to the inspections required by § 91-12A, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector authorized to perform fire safety and property maintenance inspections at any time upon:
(a)
The request of the owner of the property to be inspected or
an authorized agent of such owner;
(b)
Receipt by the Building Inspector of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(c)
Receipt by the Building Inspector of any other information,
reasonably believed by the Building Inspector to be reliable, giving
rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist;
(2)
Nothing in this subsection shall be construed as permitting an inspection
under any circumstances under which a court order or warrant permitting
such inspection is required, unless such court order or warrant shall
have been obtained.
D.
OFPC inspections.
(1)
Nothing in this section or in any other provision of this chapter
shall supersede, limit or impair the powers, duties and responsibilities
of the New York State Office of Fire Prevention and Control ("OFPC")
and the New York State Fire Administrator under Executive Law § 156-e
and Education Law § 807-b.
(2)
Notwithstanding any other provision of this section to the contrary,
the Building Inspector may accept an inspection performed by OFPC
or any other authorized entity pursuant to Education Law §§ 807-a
and 807-b and/or Executive Law § 156-e, in lieu of a fire
safety and property maintenance inspection performed by the Building
Inspector, provided that:
(a)
The Building Inspector is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR § 1203.2(e);
(b)
The Building Inspector is satisfied that such inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(c)
Such inspections are performed no less frequently than once
a year;
(d)
A true and complete copy of the report of each such inspection
is provided to the Building Inspector; and
E.
All fire safety certificates shall be displayed in a prominent location
as directed and approved by the Building Inspector, or his or her
designees.
F.
Applications fire safety and property maintenance inspections.
(1)
An application for fire safety and property maintenance inspection,
or for any renewal thereof, shall be in writing upon a form to be
furnished by the Building Department.
(2)
The application shall include such information as the Building Inspector
deems sufficient to permit a determination by him/her 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)
Before issuing any fire inspection certificate, the Building Inspector
shall make all necessary investigations to ascertain that the building
complies with all state, county, Village and other applicable laws.
G.
The fees for permits shall be determined by resolution of the Board
of Trustees. The current fee schedule is on file in the Village Clerk's
office. The fees for permits may vary with the nature of the building
and with the number of people that may occupy the building. This subsection
shall not apply to inspections performed by OFPC.
A.
Any person who owns, controls or is in possession of a construction
site shall:
(1)
Provide adequate and suitable methods for the collection, storage,
handling and disposal of all litter and/or debris that may be generated
or found at the construction site. Such methods shall be implemented
and maintained throughout the course of construction to its completion
and shall include providing a receptacle, container or dumpster container
of sufficient size and dimensions to contain such litter and/or debris.
(2)
Ensure that all litter and/or debris located upon construction sites
is deposited into receptacles, containers, or dumpster containers
on a daily basis.
(3)
Ensure that once dumpsters become filled they are promptly removed
from the construction site.
(4)
Place and maintain all construction materials within the confines
of the lot lines of the construction site.
(5)
Sweep all sidewalks, streets or rights-of-way adjacent to or abutting
the construction site at least once per week or more frequently should
any litter and/or debris be found dumped, deposited, placed or thrown
on said sidewalk, street or right-of-way.
B.
No person who owns, controls or is in possession of a construction
site shall:
(1)
Dump, deposit, place, throw, leave, bury, maintain or cause or permit
the dumping, depositing, placing, throwing, leaving, burying or maintaining
of litter and/or debris at any construction site.
(2)
Transfer litter and/or debris from one construction site to another.
(3)
Dump, deposit, place, throw, leave, maintain or cause or permit the
dumping, depositing, placing, throwing, leaving or maintaining of
dust, sand, mud, dirt, litter and/or debris on any sidewalk, street
or right-of-way adjacent to or abutting any construction site.
(4)
Place on any sidewalk, street or right-of-way adjacent to or abutting
any construction site any form of construction materials.
C.
All construction material and demolition material staging areas for construction sites must be located on the construction site, and no material staging area or a portion thereof shall be permitted upon any sidewalk, street, or right-of-way, and shall be located to comply with the tree protection guidelines set forth in Chapter 235, Attachment 1.
D.
All receptacles, containers or dumpster containers located upon construction
sites or adjacent thereto shall be maintained in such a manner so
as to prevent any litter and/or debris from escaping and becoming
scattered throughout the construction site or the general neighborhood.
E.
Construction trailers shall be located on the construction site rather
than on a sidewalk, street or right-of-way, shall not obstruct egress
from buildings or structures, and shall otherwise comply with the
provisions of the Village Code in all respects.
F.
Whenever one or more portable toilets are to be placed upon a construction
site, portable toilets shall be located on the construction site and
not on a sidewalk, area designated for a sidewalk, street or public
right-of-way, and they shall be located a minimum of 15 feet from
all lot lines and at such locations so as to minimize adverse aesthetic
conditions, and the doors thereof shall not face any street. Portable
toilets located upon construction sites shall be serviced at regular
intervals so as to prevent overloading, the escape of materials contained
therein and so as to prevent obnoxious odors or nuisances of any type
escaping therefrom.
A.
The Building Inspector shall review and investigate complaints which
allege or assert the existence of conditions or activities that fail
to comply with the Uniform Code, the Energy Code, the Village Code,
or any regulation adopted for administration and enforcement of the
Uniform Code or the Energy Code. The process for responding to a compliant
shall include such of the following steps as the Building Inspector
may deem to be appropriate:
(1)
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
(2)
If a violation is found to exist, providing the owner of the affected
property and any other Person who may be responsible for the violation
with notice of the violation and opportunity to abate, correct or
cure the violation;
(3)
If appropriate, issuing a Stop-Work Order or Notice of Unsafe Structure
if deemed appropriate by the Building Inspector;
(4)
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
Condition assessments - general requirements.
(1)
The owner or operator of each parking garage shall cause such parking
garage to undergo an initial condition assessment, periodic condition
assessments, and such additional condition assessments as may be required
by this section.
(2)
Each condition assessment shall be conducted by or under the direct
supervision of a professional engineer.
(3)
A written report of each condition assessment shall be prepared, and provided to the Village in accordance with the requirements of Subsection E of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
B.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and December
14, 2021, then prior to October 1, 2021.
(3)
Any parking garage construction prior to the effective date of this
chapter that has not undergone an initial condition assessment prior
to that effective date shall undergo an initial condition assessment
within six months of the effective date of this chapter.
C.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments every three years.
D.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes
a recommendation by the responsible professional engineer that an
additional condition assessment of such parking garage, or any portion
of such parking garage, be performed before the date by which the
next periodic condition assessment would be required, the Village
shall require the owner or operator of such parking garage to cause
such parking garage (or, if applicable, the portion of such parking
garage identified by the responsible professional engineer) to undergo
an additional condition assessment no later than the date recommended
in such condition assessment report.
(2)
If the Village becomes aware of any new or increased deterioration
which, in the judgment of the Village, indicates that an additional
condition assessment of the entire parking garage, or of the portion
of the parking garage affected by such new or increased deterioration,
should be performed before the date by which the next periodic condition
assessment would be required, the Village shall require the owner
or operator of such parking garage to cause such parking garage (or,
if applicable, the portion of the parking garage affected by such
new or increased deterioration) to undergo an additional condition
assessment no later than the date determined by the Village to be
appropriate.
E.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Village immediately upon completion. Such
condition assessment report shall be sealed and signed by the responsible
professional engineer, and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended timeframe for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in his or her professional judgment.
F.
Review of condition assessment reports.
(1)
The Village shall take such enforcement action or actions in response
to the information in such condition assessment report as may be necessary
or appropriate to protect the public from the hazards that may result
from the conditions described in such report.
(2)
In particular, but not by way of limitation, the Village shall, by
Order to Remedy or such other means of enforcement as the Village
may deem appropriate, require the owner or operator of the parking
garage to repair or otherwise remedy all deterioration, all conditions
that cause deterioration, and all unsafe conditions identified in
such condition assessment report.
(3)
All repairs and remedies shall comply with the applicable provisions
of the Uniform Code and the Village Code.
(4)
This section shall not limit or impair the right of the Village to
take any other enforcement action, including but not limited to suspension
or revocation of a parking garage's operating permit, as may
be necessary or appropriate in response to the information in a condition
assessment report.
G.
The Village shall retain all condition assessment reports for the
life of the parking garage. Upon request by a professional engineer
who has been engaged to perform a condition assessment of a parking
garage, and who provides the Village with a written statement attesting
to the fact that he or she has been so engaged, the Village shall
make the previously prepared condition assessment reports for such
parking garage (or copies of such reports) available to such professional
engineer. The Village shall be permitted to require the owner or operator
of the subject parking garage to pay all costs and expenses associated
with making such previously prepared condition assessment reports
(or copies thereof) available to the professional engineer.
H.
This section shall not limit or impair the right or the obligation
of the Village:
(1)
To perform construction inspections;
(2)
To perform such periodic fire safety and property maintenance inspections;
and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Village by means of its own inspections or observations, by
means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
A.
The Building Inspector shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Village as required by the Uniform Code. Such determinations shall
be made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include but shall not necessarily
be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within
the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
The fees to be charged for applications and inspections provided
by the New York State Uniform Fire Prevention and Building Code may
be established by resolution of the Board of Trustees. The current
License and Fee Schedule is on file in the Village Clerk's office.
A.
The Building Inspector shall keep permanent official records of all
transactions and activities conducted by all Code Enforcement Personnel,
including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All condition assessment reports received;
(9)
All fees charged and collected; and
(10)
All other features and activities specified in or contemplated
by this chapter.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Building Inspector shall annually submit to Board of Trustees a written report and summary of all business conducted by the Building Inspector, including a report and summary of all transactions and activities described in § 91-18A and a report and summary of all appeals or litigation pending or concluded.
B.
The Building Inspector shall annually submit to the Secretary of
State, on behalf of this Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village relative to administration
and enforcement of the Uniform Code.
C.
The Building Inspector shall, upon request of the New York State
Department of State, provide to the New York State Department of State
true and complete copies of the records and related materials this
Village is required to maintain; true and complete copies of such
portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A.
Except as otherwise provided in § 91-3C, the Building Inspector, Assistant Building Inspector, and Director of Public Works of the Village of Rye Brook or their duly authorized designee shall be authorized, in the performance of their duties, to conduct inspections of premises or parts of premises at such times and in such manner as such official may find convenient or necessary, with the consent of the person in possession or occupancy.
B.
If admission is refused or cannot be obtained from the person in
possession or occupancy, such official shall be authorized to obtain
a warrant to make an inspection, provided that reasonable or probable
cause is shown.
C.
In the case of an emergency, such official may, without a warrant,
enter any premises or parts of premises to inspect the same, at any
time, without the permission of the person in possession or occupancy.
D.
No person or persons shall prevent, block, impede, obstruct, or otherwise
willfully interfere with the inspector during the performance of his/her
lawful duties.
This chapter shall not be construed to hold any official of
the Village responsible for any damages to persons or property by
reason of the inspection or reinspection authorized herein or failure
to inspect or reinspect as required by any permits under this chapter,
nor shall be or she be liable for any damage to persons or property
by reason of the Building Inspector's exercising his or her discretion
as provided in this chapter.
A.
Orders to Remedy.
(1)
The Building Inspector is authorized to order in writing the remedying
of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy
Code, or the Village Code.
(2)
An Order to Remedy shall be in writing; shall be dated and signed
by the Building Inspector; shall specify the condition or activity
that violates the Uniform Code, the Energy Code, or the Village Code;
shall specify the provision or provisions of the Uniform Code, the
Energy Code, or the Village Code which is/are violated by the specified
condition or activity.
(3)
An order to remedy shall include a statement substantially similar
to the following: "The person or entity served with this Order to
Remedy must completely remedy each violation described in this Order
to Remedy by _____ [specific date], which is 30 days after the date
of this Order to Remedy."
(4)
The Order to Remedy may include provisions ordering the person or
entity served with such Order to Remedy to:
(a)
Begin to remedy the violations described in the Order to Remedy
immediately, or within some other specified period of time which may
be less than 30 days;
(b)
Continue diligently to remedy such violations until each such
violation is fully remedied; and, in any event, to complete the remedying
of all such violations within 30 days of the date of such Order to
Remedy; and/or
(c)
Take such other protective actions (such as vacating the building
or barricading the area where the violations exist) which are authorized
by this chapter or by any other applicable statute, regulation, rule,
local law or ordinance, and which the Building Inspector may deem
appropriate, during the period while such violations are being remedied.
(5)
The Building Inspector shall cause the Order to Remedy, or a copy
thereof, to be served on the owner of the affected property personally
or by registered mail or certified mail within five days after the
date of the Order to Remedy. The Building Inspector shall be permitted,
but not required, to cause the Order to Remedy, or a copy thereof,
to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other Person
taking part or assisting in work being performed at the affected property
personally or by registered mail or certified mail within five days
after the date of the Order to Remedy; provided, however, that failure
to serve any Person mentioned in this sentence shall not affect the
efficacy of the Compliance Order.
B.
Appearance tickets. The Building Inspector, or his or her designee,
are authorized to issue appearance tickets for any violation of the
Uniform Code or the Village Code.
C.
Nothing in this section shall be construed as requiring the Village
to issue an order to remedy in a given situation if, in the judgment
of the Village, such violations can be addressed adequately by the
use of other enforcement tools or by other means.
D.
Penalties.
(1)
Any applicant, owner, lessee, tenant, occupant or builder or an agent
of any of the above who violates or who is an accessory to the violation
of the provisions of this chapter shall be guilty of a misdemeanor
under the Penal Law and, upon conviction thereof, shall be punishable
for each offense by a minimum fine of $250, such fine shall not exceed
$1,000; or by imprisonment not exceeding six months, or by both such
fine and imprisonment. Each day, or part thereof, of such violation
shall constitute a separate offense, punishable by like fine or penalty
as herein set forth. Violations shall be prosecuted and penalties
collected in the manner prescribed by law effective in the Village
of Rye Brook.
(2)
Where a building has been altered in violation of any provision of
the Uniform Code, Village Code, or any lawful order obtained thereunder,
and such alteration impedes a person's egress from such building
during a fire or other emergency evacuation, the owner of such building
who has knowledge of such alteration or should have had knowledge
of such alteration shall, upon conviction thereof, be subject to a
civil penalty of up to $7,500.
E.
Injunctive relief.
(1)
An action or proceeding may be instituted in the name of this Village,
in a court of competent jurisdiction, to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce, any provision of
the Uniform Code, the Energy Code, this chapter, or any term or condition
of any building permit, certificate of occupancy, certificate of compliance,
temporary certificate, stop-work order, operating permit, order to
remedy, or other notice or order issued by the Building Inspector
pursuant to any provision of this chapter.
(2)
In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this chapter, or any stop-work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this chapter, an action or proceeding may be commenced
in the name of this Village, in the Supreme Court or in any other
court having the requisite jurisdiction, to obtain an order directing
the removal of the building or structure or an abatement of the condition
in violation of such provisions.
(3)
No action or proceeding described in this subsection shall be commenced
without the appropriate authorization from the Board of Trustees.
F.
Remedies not exclusive. No remedy or penalty specified in this section
shall be the exclusive remedy or remedy available to address any violation
described in this chapter, and each remedy or penalty specified in
this chapter shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
chapter. Any remedy or penalty specified in this section may be pursued
at any time, whether prior to, simultaneously with, or after the pursuit
of any other remedy or penalty specified in this chapter or in any
other applicable law. In particular, but not by way of limitation,
each remedy and penalty specified in this chapter shall be in addition
to, and not in substitution for or limitation of, the penalties specified
in Subdivision (2) of Section 382 of the Executive Law, and any remedy
or penalty specified in this section may be pursued at any time, whether
prior to, simultaneously with, or after the pursuit of any penalty
specified in Subdivision (2) of Section 382 of the Executive Law.
The Board of Trustees may, by resolution, authorize the Mayor
to enter into an agreement, in the name of the Village, with other
governments to carry out the terms of this chapter, provided that
such agreement does not violate any provision of the Uniform Code,
the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other
applicable law.
