Village of Buchanan, NY Chapter 67 Building Construction

[HISTORY: Adopted by the Board of Trustees of the Village of Buchanan as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Dangerous buildings and structures — See Ch. 63.

Driveways — See Ch. 73.

Electrical standards — See Ch. 79.

Environmental quality review — See Ch. 83.

Flood damage prevention — See Ch. 97.

Numbering of lots — See Ch. 113.

Plumbing — See Ch. 133.

Property maintenance — See Ch. 137.

Quarrying and blasting — See Ch. 143.

Sewers — See Ch. 155.

Soil disturbances and excavations — See Ch. 159.

Subdivision of land — See Ch. 171.

Swimming pools — See Ch. 175.

Water — See Ch. 195.

Zoning — See Ch. 211.

Article I Fees

[Adopted 10-4-1971 by L.L. No. 1-1971 (Ch. 10 of the 1971 Code); amended in its entirety 2-7-2011 by L.L. No. 9-2011]

§ 67-1 Building Department fees.

[Amended 3-5-2012 by L.L. No. 3-2012]

Building Department fees shall be as set from time to time by resolution of the Board of Trustees.

§ 67-2 (Reserved) [1]

[1] Editor’s Note: Former § 67-2, Building Department and licensing fees, was repealed 3-5-2012 by L.L. No. 3-2012.

Article II Adoption of Standards; General Regulations

[Adopted 6-18-1990 by L.L. No. 11-1990 (Ch. 9 of the 1971 Code)]

§ 67-3 Legislative intent.

It is the intent of this code to provide minimum standards, provisions and requirements to ensure safe and stable design, methods of construction and uses of materials in buildings or structures hereafter erected, constructed, enlarged, altered, repaired, moved or demolished in the Village of Buchanan; to regulate the construction, equipment, maintenance, alteration and inspection of such buildings or structures in the Village of Buchanan; to provide for the securing of building permits; to set penalties for the violation of the terms of this code; and to provide an appeal procedure.

§ 67-4 Declaration of policy.

It is hereby declared to be the policy of the Board of Trustees of the Village of Buchanan that the following rules and regulations are hereby established relating to the construction, maintenance, alteration, removal and inspection of the buildings in the Village of Buchanan, which rules and regulations are for the general welfare, health and safety of the Village and shall be construed accordingly.

§ 67-5 Word usage.

[Amended 3-5-2012 by L.L. No. 3-2012]

Except where specified in Chapter 211, Zoning, Article II, § 211-5, as amended from time to time, all words used in this article shall carry their customary meanings. Words used in the present tense include the future. The singular number shall include the plural, and the plural the singular. The word "building" includes all other structures of every kind, regardless of similarity to buildings. The word "lot" shall include the words "plot," "piece" or "parcel." The phrase "use for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for." The word "person" includes a corporation as well as an individual. The words "occupied" or "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used." The word "shall" is mandatory. The word "may" is permissive. The words "he" and "him" shall be read to also include "she" and "her" as the case may warrant.

§ 67-5.1 Definitions.

[Added 3-5-2012 by L.L. No. 3-2012]

As used in this article, the following terms shall have the meanings indicated:

BUILDING INSPECTOR

The Inspector appointed pursuant to § 67-9 of the Code of the Village of Buchanan.

BUILDING PERMIT

A permit issued pursuant to § 67-10 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.

CERTIFICATE OF OCCUPANCY

A certificate issued pursuant to § 67-11 of the Code of the Village of Buchanan.

CODE ENFORCEMENT OFFICER

The Code Enforcement Officer appointed pursuant to § 67-9 of the Code of the Village of Buchanan.

ENERGY CODE

The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

PERMIT HOLDER

The person to whom a building permit has been issued.

PERSON

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.

STOP-WORK ORDER

An order issued pursuant to Subsection F of § 67-10 of the Code of the Village of Buchanan.

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

VILLAGE

The Village of Buchanan.

§ 67-6 Applicability.

This article shall apply only to buildings or structures located in the incorporated area of the Village of Buchanan.

§ 67-7 Adoption of standards.

[Amended 3-5-2012 by L.L. No. 3-2012]

The Board of Trustees hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Code (the New York State Code) and the State Energy Conservation Construction Code (the Energy Code) in and for the Village in accordance with the provisions of § 381, Subdivision 2, of the Executive Law of the State of New York and other applicable laws of the state, and as they may be amended from time to time, as the Official Building Construction Code of the Village of Buchanan.

§ 67-8 Effect on other provisions and approvals.

A. No provision of the New York State code shall be construed to repeal, modify or constitute an alternative to any lawful zoning or other regulation of the Village of Buchanan which is more restrictive than the state code.

B. Permits, licenses, certificates and other authorizations to conform. No board, agency, officer or employee of the Village shall issue, grant or approve a permit, license, certificate or other authorization, including special permits and variances by the Board of Appeals, for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of any land or building that would not be in compliance with the provisions of the Building Code. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of the Building Code shall be null and void and of no effect, without the necessity of any proceedings for revocation or nullification thereof. Any permit, license, certificate or other authorization issued in violation hereof shall be unlawful and no action shall be taken by any board, agency, officer or employee of the Village of Buchanan which purports to validate any such violation.

§ 67-9 Enforcement official; powers and duties.

This article shall be enforced by a Building Inspector and/or the Code Enforcement Officer, as the Village Trustees may appoint, hereinafter referred to throughout this article and otherwise in the Code as the "Building Inspector." The Building Inspector is hereby empowered to:

A. Inspect any building, structure or land to determine whether any violation of this article or such other laws, rules and regulations within his jurisdiction has been committed or exists; whether or not such building, structure or land is occupied; whether such occupancy is in conformity with all the applicable laws, rules and regulations; 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. The Building Inspector shall have all of the powers provided for under the Village Law and General Municipal 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 this article and refuse to issue the same in the event of noncompliance, which reason therefor shall be set forth on the application and notice thereof given to the applicant, as is provided for in this article.

C. Keep the Village Trustees advised of all matters as the Village Trustees shall determine, relating to enforcement of this article and other 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 the same; and keep a record of all permits, certificates of occupancy and uses issued that shall be available for public inspection.

D. Issue and post notice of violations, stop orders, orders directing the remedying of any condition or omission that is or creates a violation of this article or applicable laws, rules and regulations and revoke building permits, certificates of occupancy and certificates of use when appropriate.

E. Make such inspections and reports as shall be required by the Village Trustees for enforcement of this article or of any other section of the Code of the Village of Buchanan and the rules and regulations thereunder.

§ 67-10 Building permits.

A. Building permits shall be granted only in conformance with regulations. No building permit shall be issued unless the proposed construction or use is in conformance with all of the provisions of this article and other applicable laws, rules and regulations.

B. Building permits required.

(1) No building or structure shall be erected, constructed, enlarged, structurally altered or moved until a permit therefor has been issued by the Building Inspector.

(2) For the purpose of this code, any building or structure under 64 square feet and eight feet in height shall not require a permit.

C. Building permit application procedure; information and fees.

(1) Application for a building permit shall be made to the office of the Building Inspector, on forms provided by him, shall contain the following information and shall be accompanied by the following documents and materials:

(a) Each application shall contain the following information:

[1] The full name and address of the owner and of the applicant, including the names and addresses of each officer and director of any corporation.

[2] Identification of the property, including the Tax Map section, block and lot, the address and/or location of the proposed activity, the zoning district and the lot area in square feet.

[3] A description of the proposed activity.

[4] The cost of the proposed work.

[Amended 3-5-2012 by L.L. No. 3-2012]

[5] A statement of the use and occupancy of all parts of the land and of the buildings and/or structure.

(b) Each application for a building permit shall be accompanied by plans and specifications, including plot plans as required, drawn to scale, showing the location and size of all proposed new construction as well as existing structures on the site; the nature and character of the work to be performed and the materials to be incorporated; distance from lot lines; and, where required by the Building Inspector, details of structural, mechanical and electrical work. Plans and specifications shall bear the signature of the person responsible for the design and drawings. The architect's or engineer's signature and New York State license number shall also be included, if deemed necessary by the Building Inspector.

[Amended 3-5-2012 by L.L. No. 3-2012]

(2) The application shall be made by the owner or lessee or agent of either or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application.

(3) Any amendment to the application or to the plans and specifications accompanying the same must be filed and approved by the Building Inspector prior to the completion of the work, and such amendments shall comply with the provisions of this article. The refusal to accept such an amendment by the Building Inspector shall be in writing.

(4) Every application for a building permit pursuant to this article shall be accompanied by payment of a fee in accordance with the schedule of fees set forth in Article I of this chapter.

(5) 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.

(a) 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.

(b) If the application is disapproved by the Building Inspector, he shall return the plans and specifications to the applicant and otherwise comply with § 67-9 of this article. Each disapproval shall be filed in the office of the Building Inspector.

(6) 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 two years. 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. A copy of the building permit shall be posted at the building site at all times in a location visible from the public street nearest to the property.

D. Expiration of permits.

(1) Every building permit shall automatically expire at the end of one year from the date of issuance and shall thereafter be void and of no effect.

(2) If construction has been commenced within one year from the issuance of the building permit, but has not been completed, the holder of the permit may apply to the Building Inspector for an extension not to exceed six months. The Building Inspector may, in his discretion and for good cause, extend the permit for a period not to exceed six months.

(3) 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.

E. Hours of operation for work covered by permit. No construction work shall be permitted in the incorporated area of the Village of Buchanan except between the hours of 8:00 a.m. and 7:00 p.m., excluding Sundays and holidays, when no construction work shall be permitted at any time.

F. Stop-work orders. Whenever the Building Inspector shall determine that work on any building or structure is being or has been conducted in violation of any of the provisions of any applicable laws, rules and 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. 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.

G. Revocation of permits. The Building Inspector may revoke a building permit issued in any one of the following circumstances:

(1) Where 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.

(2) Where the building permit was issued in error and should not have been issued in accordance with the applicable laws.

(3) Where the holder or the applicant has failed to meet the requirements of an approved site development plan or subdivision plan.

(4) Where the work being performed under the permit is not in accordance with the provisions of the application, the permit, the plans or specifications.

(5) Where the holder of the permit has failed or refused to comply with a stop-work order issued by the Building Inspector under Subsection F.

§ 67-11 Certificates of occupancy and/or use.

A. Certificates of occupancy required.

(1) Except for buildings constructed prior to 1951, 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).

(2) 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. A change of occupancy shall include a change of owner, tenant, subtenant or occupant of any use in any structure, building or location other than a single-family residence.

B. Issuance of certificates of occupancy and/or use.

(1) A certificate of occupancy and/or use 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.

(2) Before issuing a certificate:

(a) The owner or his agent shall make application for a certificate of occupancy and/or use. Accompanying this application and before the issuance of a certificate of occupancy and/or use, there shall be filed with the Building Inspector an affidavit of the owner or the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with this article and these regulations and the requirements of any approved subdivision, plat or site plan except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.

(b) Prior to the issuance of a certificate of occupancy, every application must be accompanied by an affidavit of final cost of construction.

(c) Every application for a certificate of occupancy pursuant to this article shall be accompanied by payment of a fee in accordance with the standard schedule of fees.

(d) The Building Inspector shall examine or cause to be examined all buildings, structures and sites for which the application has been filed.

(3) If the Building Inspector shall determine that the improvement, construction, etc., was made in conformity with the building permit and the requirements of the Code of the Village of Buchanan and all other applicable laws, rules and regulations, he shall issue a certificate of occupancy or use, as the case may be.

C. If, after the issuance of a certificate of occupancy or use, the Building Inspector shall determine that there has been a violation of Subsection A(2) or that there has been a violation or set of circumstances which would authorize the revocation of a building permit pursuant to § 67-10F or G, the Building Inspector may revoke the certificate of occupancy or use that had been issued.

§ 67-12 Enforcement; penalties for offenses.

A. Right of entry. The Building Inspector or his authorized agent, upon the showing of proper credentials and in the discharge of his duties, may enter upon any land or building or structure at any reasonable hour, subject to all applicable laws.

B. Violations. Any person, including any firm, corporation or other entity, owner, builder, architect, engineer, tenant, contractor, subcontractor, construction superintendent, agent or other person taking part or assisting in the construction or use of any building, structure or land shall be guilty of a violation of this article if they:

(1) Violate any provision of this article.

(2) Build or alter any structure or use any land in violation of any statement, plan, map or application submitted to the Village of Buchanan.

(3) Fail to comply with a written order or notice of the Building Inspector within the time fixed for compliance therewith.

(4) Violate any order, notice, directive, permit or certificate approval of the Building Inspector or other authority or agency of the Village of Buchanan.

C. Complaint of violation. Whenever a violation of any provision of this article occurs, any person may file a complaint with the Building Inspector, who shall properly record such complaint and investigate the same.

D. Fines or offenses. Any person committing a violation of any provision of this article shall be guilty of an offense punishable by not less than a fine of $100 nor more than $350 or by imprisonment for a period not to exceed six months, or both, for conviction of a first offense. For conviction of a second offense, both of which were committed within a period of five years, a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both, shall be imposed; and, upon conviction for a third or subsequent offenses, all of which were committed within a period of five years, a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both, shall be imposed. Each week's continued violation shall constitute a separate additional violation hereunder.

E. Civil penalty. If any person fails to abate, cure or terminate any violation of this article within 10 calendar days after written notice of the same has been personally served upon said person or has been sent to said person by certified mail to the person's home or business address, said person shall be subject to a civil penalty of not less than $100 nor more than $3,000, recoverable by suit brought by the Village of Buchanan and/or retained by it. Each week's continued violation shall constitute a separate and additional violation hereunder and shall subject the person to an additional civil penalty.

F. Cumulative remedies.

(1) The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law.

(2) In the event that any land is used or structure is erected, constructed, altered or maintained in violation of this article, any regulation made pursuant thereto or any detailed statement or plan submitted and approved thereunder, in addition to other lawful remedies, any appropriate action to proceedings may be instituted to prevent such unlawful use, erection, construction, alteration or maintenance, to restrain, correct or abate such violation, to prevent the occupancy of such structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

G. Prosecution under statutory provisions. 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.

§ 67-13 Appeals.

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 based on the New York State Uniform Fire Prevention and Building Code, such decision shall be reviewable by appeal to the Village Trustees.