[Adopted 12-7-1992 by L.L. No. 12-1992]
This Part 1 shall be known as the "Building
Construction and Use Standards Law of the Village of Airmont."
It is the intent of this Part 1 to provide for
the administration and enforcement of all laws, codes, ordinances,
rules and regulations applicable to the location, design, materials,
construction, alteration, repair, equipment, maintenance, use, occupancy,
removal or demolition of buildings, structures or appurtenances located
in the Village, together with the use of land as may be located in
the Village.
New York State Uniform Fire Prevention and Building
Code adopted by reference. The New York State Uniform Fire Prevention
and Building Code, or successor standards adopted by New York State,
is hereby adopted and recognized as the official Building Construction
Code of the Village for the purposes set forth therein and as it may
be amended from time to time.
A.
No person shall commence or continue erection, construction,
enlargement, alteration, removal, improvement, demolition, conversion,
structural repairs or installation of any building or structure or
of anything contained therein without first obtaining an appropriate
permit from the Building Inspector, nor shall any person change the
nature of the occupancy of any building or structure without first
obtaining an appropriate certificate from the Building Inspector.
B.
No permit shall be required for the performance of
repairs which are not structural in nature.
This Part 1 shall be enforced by a Building
Inspector and one or more Assistant Building Inspectors, as the Village
Board may appoint, or indirectly appoint by virtue of contracting
with another municipality for building inspection services, and deem
necessary (hereinafter collectively referred to throughout this Part
1 and otherwise in the laws of the Village as the "Building Inspector").
It shall be the duty of the Building Inspector and he is hereby empowered
to:
A.
Inspect any building, structure or land to determine
whether any violations of this Part 1, the Village Zoning Law, Housing
Law, New York State Uniform Fire Prevention and Building Code or successor
standards adopted by New York State, Fire, Sewage Disposal, Electrical
or Plumbing Codes or such other laws, rules and regulations, as he
shall be chargeable with inspection or enforcement of (sometimes hereinafter
collectively referred to as "the code"), have been committed or exist;
whether or not such building, structure or land is occupied; whether
such occupancy is in conformity with all of the applicable laws, rules
and regulations; whether or not a certificate of occupancy or use
has been issued; whether or not occupancy is in conformity with the
aforesaid certificates or such other certificates as the Building
Inspector shall issue; and otherwise generally inspect and enforce
all of the laws, rules and regulations relating to or affecting lots,
buildings or structures and their use and occupancy and have all of
the powers provided for in the Village Law of the State of New York.
B.
Issue such permits and certificates in conformity
with the laws, rules and regulations of the State of New York and
of the laws of the Village and to refuse to issue the same in the
event of noncompliance, which reason therefor shall be endorsed on
the application, and notice thereof given to the applicant, as is
provided in this Part 1.
C.
Keep the Village Board advised of all matters, as
the Village Board shall determine, relating to the enforcement of
this Part 1 and the appropriate laws, rules and regulations, make
and keep all records necessary and appropriate to the office, including
the issuance and denial of building permits, certificates of occupancy
and/or uses, of formal complaints of violation and the action taken
on same; and keep a record of all permits, certificates of occupancy
and use issued that shall be available for public inspection.
D.
Issue and post notices of violations, stop orders,
orders directing the remedying of any condition or omission that is
or creates a violation of this Part 1, or other applicable laws, rules
and regulations and revoke building permits, certificates of occupancy
and certificates of use.
E.
Make such inspections and reports as shall be required
by the Village Board for the enforcement, amendment or addition to
this Part 1 or of any applicable laws of the Village or rules and
regulations thereunder.
F.
Initiate court proceedings and perform such other
actions or duties as may be necessary or required to enforce any authority
or to invoke any penalty for the violation of any portion of this
Part 1 and the Code and its rules and regulations thereunder.
Any person who shall violate any order of the
Building Inspector issued under this Part 1 shall be deemed to have
violated this Part 1.
A.
An application for a building permit shall be made
to the Building Inspector, on the forms provided by him, and shall
contain the information and be accompanied by such fees, drawings
and specifications and other items as are set forth herein.
B.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove of the
application within one month from the receipt of the completed application
accompanied by all appropriate documents and fees.
(1)
Upon approval of the application, the Building Inspector
shall issue a permit upon the form prescribed by him and shall affix
his signature or cause his signature to be affixed thereto and endorse
the plans and specifications to show approval.
C.
One set of such approved plans and specifications
shall be retained in the files of the Building Inspector for such
time as shall be mandated by state law, but not less than 18 months.
The applicant shall, at all times, keep one set of the approved plans
and specifications, together with the building permit, at the building
site and open to inspection by the Building Inspector at all reasonable
times.
B.
If construction commenced within six months from the
issuance of the building permit but has not been completed by two
years from the issuance, the holder of the permit may apply to the
Building Inspector for an extension not to exceed six months. Upon
the payment of 25% of the fee required for the issuance of the original
building permit, the Building Inspector may, in his discretion and
for due cause, extend the permit for a period not to exceed six months
from the date of its expiration.
[Amended 1-3-2023 by L.L. No. 1-2023]
C.
If construction has not been commenced within six
months from the date of issuance of the building permit, the holder
of the permit may apply to the Building Inspector for an extension
to commence work not to exceed a date one year from the issuance of
the building permit upon the payment of 25% of the original building
permit fee. The Building Inspector shall have discretion to grant
such extension upon a showing of good cause.
[Amended 1-3-2023 by L.L. No. 1-2023]
D.
Failure to complete the work within the time prescribed
shall require that a new building permit application be filed and
a new permit issued before any work may commence or continue.
The Building Inspector may revoke a building
permit issued in any one of the following circumstances:
A.
That there has been a false statement or misrepresentation
as to a material fact in the application, plans, specifications, or
other accompanying documents, upon which the building permit was based.
B.
That the building permit was issued in error and should
not have been issued in accordance with the applicable laws.
C.
That the holder or the applicant has failed to meet
the requirements of an approved site plan or subdivision map.
D.
That the work being performed under the permit is
not in accordance with the provision of the application, the permit,
the plans or specifications.
E.
That the holder of the permit has failed or refused
to comply with a stop order issued by the Building Inspector under
this Part 1.
Whenever the Building Inspector shall determine
that work on any building or structure or upon any land is being or
has been conducted in violation of any of the provisions of the New
York State Uniform Fire Prevention and Building Code, or successor
standards adopted by New York State, state, federal, county or Village
laws, rules or regulations or has failed to meet or violates any requirement
of an approved site plan or subdivision plan, including but not limited
to the required drainage, grade or elevation plans, sewer and septic
plans, approved road profile plans and such other plans or specifications
upon which a building permit was issued, or that any work is being
conducted in a dangerous or unsafe manner, then the Building Inspector
shall notify the owner of the property or the owner's agent, or the
person performing the work, to suspend and halt work. Such direction
by the Building Inspector (a stop-work order) shall be in writing
and delivered to the owner, or the owner's agent, or the person performing
the work or affixed to any part of said structure or upon the land.
Such stop-work order shall state the reasons therefor and the conditions
under which the work may be resumed. Should work continue in violation
of the stop-work order, the Building Inspector may, without further
notice, revoke the building permit and, if there is a certificate
of occupancy or use, revoke the same.
A.
Except for buildings constructed prior to February
5, 1930, no building shall be used or occupied in whole or in part
unless or until a certificate of use or a certificate of occupancy,
as appropriate, shall have been issued by the Building Inspector,
and then only in conformity with said certificate(s).
B.
Partial certificate of occupancy or use. A partial
certificate of occupancy or use for periods of 90 days, but not more
than one year in the aggregate, for a building, structure or part
thereof shall be issued before the entire work shall have been completed;
provided, nonetheless, that such portion or portions for which the
certificate is issued may be occupied safely. The Building Inspector
shall require a cash deposit or an irrevocable letter of credit drawn
on a bank and in a form satisfactory to the Village Attorney to insure
and guarantee the completion of the structure. The Building Inspector
shall determine the sum of said cash or letter of credit.
C.
No change shall be made in the use or occupancy of
a building or structure unless a certificate of occupancy authorizing
the change of use shall have been issued. A change in use shall include,
but not be limited to, a change in or of the type, class, nature or
scope of the goods, services or operation maintained in the building
or structure.
A.
A certificate of occupancy shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which it applies, for the purposes therein
stated.
C.
If the Building Inspector shall determine that the
improvement, construction, etc., was made in conformity with the building
permit and the requirements of all applicable codes, he shall issue
a certificate of occupancy or use as the case may be.
If after the issuance of a certificate of occupancy or use, the Building Inspector shall determine that there has been a violation of § 80-11C or that there has been a violation or set of circumstances which would authorize the revocation of a building permit pursuant to § 80-9 or 80-10, the Building Inspector may revoke the certificate of occupancy or use that had been issued.
The Building Inspector or his authorized agent,
upon the showing of proper credentials or in the discharge of his
duties, may enter upon any land or building or structure at any reasonable
hour, subject to all applicable laws.
Any person committing an offense against or violating any section or provision of this Part 1 shall be punishable by a maximum fine of $1,000 or a maximum term of imprisonment of one year, or both.
Nothing contained herein shall be deemed to
limit or prevent prosecution pursuant to the Multiple Residence Law
or the Executive Law of the State of New York.
Whenever the Building Inspector shall approve
or disapprove, act or fail to act or otherwise perform any of his
duties and shall render a decision thereon, such decision shall be
reviewable by appeal to the Zoning Board of Appeals from the Building
Inspector's decision. Such appeal shall be taken not more than 30
days after the filing of the decision of the Building Inspector in
the office of the Building Inspector.
The enforcement official as designated in § 80-5 shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this Part 1 or for any order of the Building Inspector.
As used in this Part 1, the following terms
shall have the meanings indicated:
Includes but is not limited to an individual, a partnership,
a joint venture, a corporation, an unincorporated association, a firm
or any other form of entity, contractors, subcontractors or journeymen.
Rules and regulations to implement this Part
1 may be established by resolution of the Board of Trustees.
