[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown 5-6-1991 by L.L. No. 5-1991. Amendments noted where
applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 105.
Outdoor burning — See Ch. 109.
Electrical standards — See Ch. 139.
Environmental quality review — See Ch. 147.
Excavations — See Ch. 151.
Fire prevention — See Ch. 165.
Flood damage prevention — See Ch. 169.
Sewers — See Ch. 243.
Subdivision of land — See Ch. 263.
Water — See Ch. 297.
Zoning — See Ch. 305.
This chapter shall provide for administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (Uniform Code) in the Village of Tarrytown. This chapter
is adopted pursuant to § 10 of Article 2 of the Municipal
Home Rule Law. Except as otherwise provided within this chapter or
within the Uniform Code, all premises, regardless of use, are subject
to the provisions which follow.
The words and terms used in this chapter shall
have the same meanings as those contained in Executive Law Article
18, as added by Chapter 707 of the Laws of 1981, unless the context
may otherwise require.
A.
There is hereby created the appointive office of Code
Enforcement Officer. The Code Enforcement Officer shall be appointed
by the Board of Trustees at a compensation to be fixed by it.
The Code Enforcement Officer shall administer
and enforce all of the provisions of the New York State Uniform Fire
Prevention and Building Code. The Code Enforcement Officer may promulgate
rules and regulations, subject to the approval of the Board of Trustees,
to secure the intent of this chapter and the Uniform Code. Such rules
and regulations shall be published at least 10 days prior to their
effective date. The specific duties of the Code Enforcement Officer
shall be to:
A.
Receive applications and such fees as may be established
by the Board of Trustees.
B.
Approve or deny plans and specifications within 60
days, in writing, and issue permits for the erection and alteration
of buildings or structures or parts thereof.
C.
Inspect the premises for which such applications have
been received, plans approved or such permits issued.
D.
Approve or deny applications for certificates of occupancy
or certificates of compliance within 30 days after application therefor.
E.
Conduct periodic inspections as required by the Uniform
Code.
F.
Maintain all records on file in the office of the
Code Enforcement Officer, consisting of applications, permits, denials,
inspection reports, recommendations, complaints, violation orders,
certificates of occupancy, certificates of compliance, correspondence
and proof of payment of required fees.
G.
Issue, in writing, all appropriate notices or orders
to remove illegal or unsafe conditions.
H.
Require the necessary safeguards during the entire
course of construction or demolition.
I.
Serve notices and orders upon a property owner or
the owner's agent personally or by certified mail or by posting them
conspicuously on the premises to which the notice or order applies.
A.
It shall be unlawful to erect, construct, enlarge,
alter, improve, remove, demolish or use any building or structure
or portion thereof in violation of any provision of law, as well as
any regulation or rule of the municipality, or to fail in any manner
to comply with a notice, directive or order of the Code Enforcement
Officer or to commence the erection, construction, enlargement, alteration,
improvement, removal, demolition or use of any building or structure
or the installation of heating equipment without having applied for
and obtained a permit. However, no permit shall be required for the
performance of necessary repairs which are not of a structural nature
and which are done in conformance with the Uniform Code.
B.
Any person who shall fail to comply with a written order of the Code Enforcement Officer within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Code Enforcement Officer made thereunder shall be subject to the penalty provided in Chapter 1, General Provisions, Article II. Each day that a violation continues shall be deemed a separate offense.
C.
Appropriate action and proceedings may be taken at
law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to penalties otherwise prescribed by law.
A.
Requirements. A completed application for a building
permit must include:
(1)
The full name and address of the owner and of the
applicant and, if either shall be a corporation, the names and addresses
of their responsible officers.
(2)
A description of the site on which the proposed work
is to be done.
(3)
A statement of the use and occupancy of all parts
of the proposed building or structure.
(4)
A brief description of the proposed activity.
(5)
The fair market cost of the proposed work, with appropriate
substantiation.
(6)
Such other information as may reasonably be required
by the Code Enforcement Officer to establish compliance of the proposed
work with the requirements of the applicable building laws, rules
and regulations.
(7)
The signature of the owner or authorized agent.
B.
Each application for a building permit shall be accompanied
by three sets of plans and specifications, including a plot plan,
drawn to scale, showing the location and size of all proposed new
construction and all existing structures on the site, the nature and
character of the work to be performed and the materials to be incorporated,
the distance from lot lines and to structures on adjoining property,
widths and grades of adjoining streets, walks and alleys and, where
required by the Code Enforcement Officer, details of structural, mechanical
and electrical work, including computations, stress diagrams and other
essential technical data. Plans and specifications shall bear the
signature of the person responsible for the design and drawings and,
where required by §§ 7209 and 7307, as amended, of
Articles 145 and 147 of the Education Law of the State of New York,
the seal of a licensed architect or a licensed professional engineer.
The Code Enforcement Officer may waive the requirements for filing
plans and specifications for minor alterations and issue a building
permit so stating.
C.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Code
Enforcement Officer, and approval shall be received from the Code
Enforcement Officer prior to the commencement of such change of work.
D.
Display. The building permit and plans must be located
on the building premises or property and available for inspection
at all times by the Code Enforcement Officer.
E.
Expiration. A building permit issued pursuant to this
chapter shall expire one year from the date of issuance. The permit
may, on written request, be renewed for two successive six-month periods.
[Added 3-20-2006 by L.L. No. 5-2006;
amended 6-15-2020 by L.L. No. 5-2020]
Except for structures that have been damaged by fire or storm and pose an imminent threat to health and safety, no demolition permit shall be issued involving a structure unless the applicant for said permit has an approved site plan for the construction being proposed and he/she has obtained a building permit for the new construction pursuant to § 97-6 of this chapter.
[Amended 9-18-2006 by L.L. No. 13-2006]
A.
The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Building
Inspector:
(1)
Occupancy and use of a building hereafter erected,
structurally altered or moved or any change in the use of an existing
building.
(2)
Occupancy, use or any change in the use of any land.
(3)
Occupancy or use after sale or transfer of any improved
real property, including a condominium. Upon sale or transfer of any
such real property, an updated certificate of occupancy, issued no
earlier than 30 days before closing, shall be required before the
premises may by used or occupied. It shall be the obligation of the
seller to apply for and obtain the updated certificate of occupancy
unless the parties agree otherwise in their contract of sale.
B.
Existing floor layout plans of all levels (including
the basement) must be submitted to the Building Department by a licensed
engineer or architect in a scale not less than 1/4 inch equals one
foot, zero inches, indicating size and use of all rooms. Dimensions
should include all space inside exterior walls or party walls.
C.
A temporary certificate of occupancy may be issued
if the building or structure or a designated portion of a building
or structure is sufficiently complete that it may be put to the use
for which it is intended A temporary certificate of occupancy shall
expire in six months, but it may be renewed an indefinite number of
times.
A.
Work for which a building permit is in effect shall
be inspected for approval prior to enclosing or covering each stage
of construction, including building location, site preparation, excavation,
foundation, framing, superstructure, electrical, plumbing and heating
and air conditioning. It shall be the responsibility of the applicant
to inform the Code Enforcement Officer that the work is ready for
inspection.
B.
Existing buildings not subject to inspection under Subsection A shall be subject to periodic inspections for compliance with the Uniform Code. Notwithstanding any requirement of this section to the contrary, no regular, periodic inspections of occupied dwelling units shall be required. This shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to the public health, safety or welfare.
A permit for installation of a solid-fuel-burning heating appliance, chimney and flue in any dwelling unit shall be obtained as provided in § 97-6. If the enforcement official, after inspection, determines that the installation is in compliance with the Uniform Code, he shall issue a certificate of compliance on a form to be prescribed by resolution of the Board of Trustees. A violation of this section and of Subdivision 5 of § 378 of the Executive Law shall be punishable as provided in Chapter 1, General Provisions, Article II.
[Added 10-6-2008 by L.L. No. 15-2008]
A.
Where required. Prior to the issuance of a building
permit for any commercial building, where access to or within a commercial
building is restricted because of secured openings or where immediate
access is necessary for life-saving or fire-fighting purposes, the
Code Enforcement Official is authorized to require a key box to be
installed in an approved location. The key box shall be of an approved
type and shall contain keys to gain necessary access as required by
the Code Enforcement Official.
B.
Locks. An approved lock shall be installed on gates
or similar barriers when required by the Code Enforcement Official.
C.
Key box maintenance. The operator of the building
shall immediately notify the Code Enforcement Official and provide
the new key when a lock is changed or rekeyed. The key to such lock
shall be secured in the key box.
[Added 4-4-2022 by L.L. No. 4-2022]
A.
Notwithstanding
the procedures specified in this chapter, the Village of Tarrytown
hereby adopts the New York State Unified Solar Permit for the processing
and approval of eligible small-scale photovoltaic systems (25 kilowatts
or less).
B.
The Building
Inspector is empowered to accept the New York State Unified Solar
Permit for small-scale photovoltaic systems (less than 25 kilowatts),
along with fees as may be established for the filing thereof, and
to issue building permits upon satisfactory review and approval of
same.
