[Amended 3-18-2003 by Ord. No. 63-2003; 4-20-2021 by Ord. No. 2021-48]
The head of the Bureau of Buildings, Department
of Development, City of New Rochelle, New York, shall be the Building
Official, and he shall act as the code enforcement official for those
provisions of the State Code as relate to the construction and repair
of structures, which shall include the NYStretch Energy Code –
2020 (NYStretch).
A.
Powers and duties of the Building Official shall be
as follows:
(1)
Applications and permits. The Building Official shall
authorize receipt of applications, authorize approval or disapproval
of the same, authorize issuance of permits for the erection and alteration
of buildings and structures, authorize inspections and examination
of premises for which such permits have been issued and enforce compliance
with the provisions of applicable codes.
(2)
Building notices and orders. The Building Official
shall authorize issuance of all necessary notices or orders to remove
illegal or unsafe conditions and authorize requiring the necessary
safeguards during construction in order to ensure compliance with
all State Code requirements for the safety, health and general welfare
of the public.
[Amended 3-18-2003 by Ord. No. 63-2003]
(3)
Inspections. The Building Official or his appointed
inspectors shall make the required inspections, or he may accept or
require reports of inspection of authoritative and recognized services
or professional engineers or registered architects; and all reports
of such inspections shall be in writing and certified by a responsible
officer of such authoritative service or by the responsible individual;
or he may engage such expert opinion as he may deem necessary to report
on technical issues that may arise, subject to the approval of the
City Manager.
(4)
Organization. The Building Official shall advise the
Commissioner of Development on the appointment of such number of officers,
technical assistants, inspectors and other employees of the Bureau
of Buildings as shall be necessary for the administration and enforcement
of the State Code and as authorized by the City Manager.
[Amended 3-18-2003 by Ord. No. 63-2003]
(5)
Records. The Building Official shall keep official
records of applications received, permits and certificates issued,
fees collected, reports of inspections and notices and orders issued.
File copies of all papers in connection with the building operations
shall be retained in the official records as long as the building
or structure to which they relate remains in existence or as otherwise
prescribed by state law. He shall keep an official record of all business
and activities of the Bureau specified in the provisions of the State
Code, and all such records shall be open to public inspection as prescribed
by state law.
[Amended 3-18-2003 by Ord. No. 63-2003]
B.
Relief from personal responsibility. The Building
Official, his appointed inspectors or any employee of the Bureau of
Buildings charged with the enforcement of the State Code, while acting
for the City of New Rochelle, shall not thereby render himself liable
personally, and he is hereby relieved from all personal liability
for any damage that may accrue to any persons or property as a result
of any act required or permitted in the discharge of his official
duties. Any suit instituted against any officer or employee because
of an act performed by him in the lawful discharge of his duties and
under the provisions of this code shall be defended by the Corporation
Counsel of the City until the final termination of the proceedings.
In no case shall the Building Official or any of his subordinates
be liable for any costs in any action, suit or proceeding that may
be instituted in pursuance of the provisions of this code, and any
officer or employee of the Bureau of Buildings, acting in good faith
and without malice, shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in
the performance of his official duties in connection therewith.
A.
Authority to adopt rules. The Building Official shall
have the power to adopt and promulgate rules and regulations in the
interest of public safety, health and welfare and to carry into effect
the provisions of this code. He shall interpret and implement the
provisions of this code in order to secure the intent thereof.
B.
Validity. Any rule adopted and promulgated by the
Building Official shall have the same force and effect as any provision
of this code, provided that such rule is not inconsistent with any
provision of this code or any other applicable laws. Prior to adopting
any rule, the Building Official shall obtain the approval of the Commissioner
of Development and the City Manager and, upon adoption, shall file
a copy of such rule with the City Clerk.
[Amended 3-18-2003 by Ord. No. 63-2003]
C.
Amendment and repeal. The Building Official may amend
or repeal any rule by the same procedure prescribed for its adoption.
[Amended 3-18-2003 by Ord. No. 63-2003; 12-13-2016 by Ord.
No. 254-2016]
No person, firm or corporation shall commence the erection,
construction, enlargement, alteration, removal, improvement, demolition,
excavation or conversion of any building or structure or part thereof,
or change the occupancy or use of any building or structure or part
thereof, or perform any work which must conform to the State Code,
or cause the same to be done, or shall erect any crane on private
property, without first filing with the Building Official an application
and obtaining a permit therefor, except as otherwise exempted under
the provisions of this code.
Exemptions from building permit requirements
shall be as follows:
A.
Ordinary repairs. Ordinary repairs may be made to
buildings and structures without application or notice to the Building
Official, but such repairs shall not include those which affect structural
features, egress or any work which must conform to the State Code
or affects the public health or general safety.
[Amended 3-18-2003 by Ord. No. 63-2003]
B.
Fences. The erection of a fence not exceeding six
feet in height shall be permitted without a building permit where
such fence is accessory to a dwelling, complies with the applicable
provisions of the Code of the City of New Rochelle and the Zoning
Ordinance, does not obstruct egress and is not required in conjunction
with the enclosure of an outdoor swimming pool.
C.
Other exemptions. The Building Official may, at his
discretion, waive the requirements for obtaining a building permit
where the work proposed meets all of the following requirements:
(1)
It is an alteration to an existing building or structure.
(2)
Construction costs are less than $10,000.
(3)
Structural features are not affected.
(4)
Firesafety features, such as smoke detectors, sprinklers,
fire separations, exits and the like, are not affected.
(5)
Electrical, plumbing and heating systems are not affected.
A.
Form of application. The application for a permit
shall be submitted in such form as the Building Official may provide,
with all the appropriate information entered and all appropriate sections
duly signed and acknowledged before a notary public or commissioner
of deeds, and shall be accompanied by the required fee.
B.
Design of buildings. Every building or part thereof,
or swimming pool and required enclosure, shall be designed as required
by the State of New York and the Building Official, by a registered
architect or a professional engineer, in accordance with this code.
C.
By whom application is made. Application for a permit
shall be made by the owner or lessee of the building or structure,
or agent of either, or by the professional engineer or registered
architect employed in connection with the proposed work. If the application
is made by a person other than the owner in fee or a registered architect
or professional engineer, it shall be accompanied by a duly verified
affidavit of the owner that the proposed work is authorized by the
owner in fee and that the applicant is authorized to make such application.
The full names and addresses of the owner, lessee, applicant and of
the responsible officers, if the owner or lessee is a corporate body,
shall be stated in the application.
D.
Affidavit to be filed with plans.
(1)
When affidavit is required. When plans are required
to be filed and such plans contemplate structural changes or structural
work, they shall be accompanied by an affidavit of a registered architect
or professional engineer stating that he has supervised the preparation
of the plans and that, to the best of his knowledge and belief, the
structure, if built in accordance with the plans, will conform to
the provisions of this code and will not conflict with any provisions
thereof or any other provisions of law applicable thereto, except
as specifically noted otherwise.
(2)
Requirement for additional affidavits. Where a professional
engineer has been employed in the preparation of the structural or
mechanical design, the structural or mechanical plans shall be accompanied
by his affidavit stating that the structural or mechanical design
drawings prepared under his supervision, to the best of his knowledge
and belief, conform to the laws governing building construction, except
as specifically noted otherwise.
E.
Practical difficulties. If there are practical difficulties
or unnecessary hardships involved in compliance with the provisions
of this code, the Building Official may vary or modify such provisions
where the granting of such variance or modification is not contrary
to the provisions of any other City, county, state or federal law.
The applicant may appeal the decision of the Building Official or
any provision of this code by applying to the New Rochelle Board of
Standards and Appeals and/or the Regional Board of Review for the
State Code, as may be applicable. All appeals shall be in writing
and in the form prescribed by the reviewing authority.
[Amended 3-18-2003 by Ord. No. 63-2003]
F.
Description of work. The application shall contain
a general description of the proposed work, its location, the use
and occupancy of all parts of the building or structure and of the
portions of the site or lot not covered by the building and such additional
information as may be required by the Building Official. In the case
of an application to demolish a building or structure, a suitable
photograph shall be a part of the description.
G.
Plans and specifications. The application for the
permit shall be accompanied by not less than two copies of specifications
and of plans drawn to scale, with sufficient clarity and detail dimensions
to show the nature and character of the work to be performed. When
quality of materials is essential for conformity with the Building
Code, specific information shall be given to establish such quality,
and in no case shall the code be cited by the term "legal" or its
equivalent as a substitute for specific information. The Building
Official may waive the requirement for filing plans when the work
involved is of a minor nature.
H.
Plot plan. There shall be included in the application for permit two copies of a plot plan as required by § 331-136 of the New Rochelle Zoning Ordinance.[1] In all cases, the plot plan for new buildings or major
additions thereto shall include the elevations at the exterior corners
of the building, the elevation of the lowest interior level and the
elevation at the street where the driveway will be constructed. Where
the work proposed requires extensive regrading or lies in an area
of special flood hazard, the plot plan shall include existing and
proposed topography for the entire premises at no greater than one-foot
intervals. Where the work proposed is in the proximity of structures
on adjacent lots, the plot plan shall include elevations at the proposed
footing bottoms and the existing footings of the adjacent structures.
All elevations shall be New Rochelle datum.
[Amended 3-18-2003 by Ord. No. 63-2003]
I.
Engineering details. The Building Official may require
adequate details of structural, mechanical and electrical work, including
computations, stress diagrams and other essential technical data,
to be filed. All engineering plans and computations shall bear the
seal and signature of the engineer or architect responsible for the
design.
J.
Sprinkler installations. Plans submitted for the installation
of sprinkler systems shall bear the approval of the American Insurance
Association or the Factory Mutual System or the Insurance Services
Office or any other qualified agency deemed acceptable to the Building
Official.
K.
Amendments to application. Subject to the limitations of Subsection L of this section, amendments to a plan, application or other records accompanying the same may be filed at any time before completion of the work for which the permit is sought or issued, and such amendments shall be deemed part of the original application and shall be filed therewith.
L.
Time limitation on application. An application for
a permit for any proposed work shall be deemed to have been abandoned
six months after the date of filing, unless such application has been
diligently prosecuted or a permit shall have been issued, except that,
for reasonable cause, the Building Official may grant one or more
extensions of time for additional periods not exceeding 60 days each.
Where an application has been granted approval by the Board of Appeals
on Zoning, the proposed work shall be deemed abandoned one year after
the date of filing of the zoning resolution, and no extensions may
be granted by the Building Official.
A.
Action on application. The Building Official shall
cause to be examined all applications for permits and amendments thereto.
If the application or the plans do not conform to the requirements
of all pertinent laws within his jurisdiction, he shall reject such
application, in writing, stating the reasons therefor. If he is satisfied
that the proposed work conforms to the requirements of the State Code
and all the laws and ordinances applicable thereto, he shall issue
a permit therefor as soon as practicable.
[Amended 3-18-2003 by Ord. No. 63-2003]
B.
Supervision of construction.
(1)
Affidavit of potential inspection. No permit shall
be issued for the construction of a building or portion thereof which
is to have a total floor area in excess of 10,000 square feet or where
the Building Official determines that the nature of the work requires
professional supervision, until an affidavit is filed with the Bureau
of Buildings certifying that the construction of such building or
part thereof will be inspected by a professional engineer or registered
architect. The affidavit is to be signed, sworn to and acknowledged
by the engineer or architect who will inspect the construction and
is to have his professional seal affixed. In the event that such engineer
or architect shall, for any reason, discontinue his inspection of
the construction of the building or portion thereof at a time prior
to its completion, he shall immediately notify the Building Official
of such fact, and thereupon the building permit issued for such construction
shall be suspended, and no further work shall be done thereunder until
another such affidavit shall be filed with the Building Official certifying
that inspection of the construction has been resumed by another or
the same engineer or architect.
(2)
Final certificate required. No certificate of occupancy
will be issued for such building until a final certificate is filed
with the Bureau of Buildings by the engineer or architect who supervised
the construction that the building was, to the best of his knowledge,
in fact erected in conformity with the plans filed with the Bureau
of Buildings and, as erected, complies with the laws governing building
construction, except insofar as variations therefrom have been legally
authorized. Such variations shall be specified in the affidavit
C.
Suspension of permit. Any permit issued shall become
invalid unless the work authorized by it shall have been commenced
within 90 days after its issuance or if the work authorized by such
permit is suspended or abandoned for a period of six months after
the time the work is commenced, provided that, for cause, one or more
extensions of time for periods not exceeding 90 days each may be allowed
in writing by the Building Official.
D.
Previous approvals. Nothing in this code shall require
changes in the plans, construction or designated use of a building
for which a lawful permit has been heretofore issued or otherwise
lawfully authorized and the construction of which shall have been
actively prosecuted within 90 days after the effective date of this
chapter; and the entire building shall be completed as authorized
within two years after the date of approval of the application.
E.
Signature to permit. The Building Official shall attach
his signature to every permit, or he may authorize a subordinate to
affix such signature thereto.
F.
Approved plans. The Building Official shall cause
to be stamped or endorsed in writing on both sets of approved plans
the wording "These plans and application were examined and approved
as noted. They shall not be construed as authority to violate, cancel,
alter or set aside any provisions of the State Code, Zoning Ordinance
or any other local, county or state regulations," and one set of such
approved plans shall be retained by the Bureau of Buildings, and the
other set shall be kept at the building site, open to the inspection
of the Building Official or his authorized representative.
G.
Revocation of permits. The Building Official may revoke
a permit or approval issued under the provisions of this code when,
in his opinion, there was false statement or misrepresentation of
fact in the application or on the plans upon which the permit was
granted or in the event that, in the judgment of the Building Official,
the work being done under a permit deviates from the plans on file
or good construction practice.
H.
Posting of permit. The building permit shall be posted
in a conspicuous location on the site of operations, open to inspection
during the entire time of prosecution of the work and until the completion
of the same.
I.
Notice of start. At least 24 hours' notice of the
start of work under a building permit shall be given to the office
of the Building Official.
A.
Approval in part. The Building Official may issue
a temporary permit for the excavation for or construction of foundations
of a building or structure before the entire working drawings and
specifications for the whole building have been submitted, provided
that adequate information and detailed statements have been filed
complying with all the pertinent requirements of this article and
upon finding that any excavation or construction of footings and foundations
undertaken pursuant to the issuance of a temporary permit under this
section will not be detrimental to the public health, safety and welfare
of the City of New Rochelle. The holder of such temporary permit for
excavation for or footings and foundations of a building or structure
shall proceed at his own risk with the building operations and without
assurance that a permit for the entire structure will be granted.
(1)
Temporary permits. Application for temporary excavation, footing and foundation permits shall be submitted to the Building Official in accordance with § 111-10A through and including § 111-10F of this chapter. The excavation drawings required shall contain a survey of all property lines, existing and proposed grades, details of required drainage adequate for the proposed work, protection of City streets and adjoining properties and utilities, together with the excavation limits and existing topography and such other information as the Building Official may require.
(2)
Waiver of vested right. An agreement between the City
of New Rochelle and the applicant for the permit, in a form satisfactory
to and approved by the Department of Law, shall be executed and filed
with the Building Official, which said agreement shall contain the
applicant's waiver of the vesting of any right which might come or
be acquired by the issuance of such permit for the performance of
any work thereunder in favor of the applicant, together with an undertaking
to apply for and obtain such further approvals or permits as may be
required by any law, ordinance or regulation for the further prosecution
of the work subsequent to the issuance of any such temporary permit
and to proceed with all due diligence with the completion of the work
for which any excavation or construction of footings and foundations
is made pursuant to any temporary permit issued under the provisions
of this section.
(3)
Filing of surety bond. A surety bond shall be filed
in a penal sum sufficient to guarantee backfilling of any excavation
made or the removal of footings and foundations constructed and restoration
of the premises to the condition previously existing as nearly as
may be possible, which said bond shall be in a form satisfactory to
and approved by the Department of Law. The finding of the Building
Official shall be conclusive with respect to any penal sum required.
(4)
Authority to issue temporary permits. Such temporary
permit may be issued by the Building Official upon compliance with
the conditions set forth above without the prior approval of any other
City department which otherwise has jurisdiction over such construction.
(5)
Time limitation of temporary permits. The work to
be performed shall be completed six months from the date of the issuance
of the temporary permit, and the temporary permit so issued shall
expire six months from the date of issuance. Upon application on or
before the expiration of any such permit, the Building Official may,
if, in his judgment, good cause is shown and the public health, safety
and welfare of the City will not be jeopardized, extend such permit
for one further period not to exceed an additional six months.
(6)
Revocation of temporary permits. Any temporary permit
issued pursuant to the provisions of this subsection may be revoked
by the Building Official upon a finding that any of the conditions
affixed thereto have not been complied with or upon a finding that
the public health, safety and welfare is jeopardized by the works
or by the actions of the applicant subsequent to the issuance of such
permit or upon the failure of the applicant to proceed with due diligence
in the obtaining of further necessary approvals or permits for the
completion of the construction for which said temporary permit was
issued within six months from the date of issuance or extension thereof.
The failure of the applicant to whom the temporary permit has been
issued to obtain any and all necessary approvals and permits for the
further progress of the work for which the temporary permit is issued
within a period of six months from the date of issuance thereof shall
be deemed prima facie evidence of noncompliance with provisions of
this section.
B.
Permits for temporary structures. A building permit
for a temporary structure (a tent for commercial or public use, a
tent on private property for more than three days, a trailer not for
a construction project, a structure for remediation of contamination
as required by Department of Environmental Conservation (DEC) and
similar temporary facilities) may be issued by the Building Official
upon application and compliance with all applicable provisions of
the State Code, Zoning Code, N.F.P.A. and all other applicable laws,
ordinances or regulations.
[Amended 6-17-1997 by Ord. No. 127-1997; 3-18-2003 by Ord. No. 63-2003]
(1)
Removal of temporary structure. Prior to the issuance
of any such building permit, the applicant shall execute an agreement
for the removal of the structure in accordance with such building
permit and shall file a surety bond for such removal if required by
the Building Official. The bond shall be in the amount estimated to
be the cost of removal.
(2)
No certificate of occupancy will be required for temporary
structures. Permits will expire after removal date.
C.
Excavation permits. The Building Official may issue permits for excavation for purposes other than the construction of buildings, provided that an application in accordance with Subsection A(1) of this section is submitted, the requirements of this section are complied with and said excavation will not be detrimental to the public health, safety and welfare of the City of New Rochelle.
(1)
Planning Board approval. At the time of filing an
application with the Bureau of Buildings, an application shall be
filed with the Planning Board. No permit to excavate shall be issued
prior to Planning Board approval of the excavation.
(2)
Restrictions. No such excavation shall be made within
10 feet of any street line nor unless adequate barricades are erected
and maintained and adequate provisions made for the prevention of
flying dust.
(3)
Filing of surety bond. Before the issuance of such
excavation permit, the applicant shall execute and file with the City
Clerk a bond, approved by the Department of Law, in the sum of $5,000
with a surety company as surety and conditioned for the faithful performance
of the conditions contained in this code, the observance of all municipal
ordinances and to indemnify the City for any damage to City property.
(4)
Time limitation of excavation permits. The permit
shall expire by limitation 30 days from the date of its issue unless
extended.
B.
Compliance with code. The permit shall be a license
to proceed with the work and shall not be construed as authority to
violate, cancel, alter or set aside any of the provisions of the State
Code, except as specifically stipulated by modification or legally
granted variation as described in the application, nor shall such
issuance of a permit prevent the Building Official from thereafter
requiring a correction of errors in plans or in construction or of
violations of the State Code.
[Amended 3-18-2003 by Ord. No. 63-2003]
C.
Compliance with permit. All work shall conform to
the approved application and plans for which the permit has been issued
and any approved amendments thereto. No change from the approved plans
shall be made until revised or amended plans have been submitted to
and approved by the Building Official. These amended or revised plans
shall be submitted by a professional engineer or registered architect
who is the designer named in the application for the permit filed
with the Bureau of Buildings, or, in lieu thereof, the Bureau of Buildings
shall be notified of a change in designer, and said new designer shall
make the submission.[1]
[1]
Editor's Note: Amended during codification.
D.
Compliance with plot plan. All new work shall be located
strictly in accordance with the approved plot plan.
E.
Change in plot plan. No lot or plot shall be changed,
increased or diminished in area from that shown on the approved plot
plan, unless a revised diagram showing such changes, accompanied by
the necessary affidavit of the owner or applicant, shall have been
filed and approved by all departments, boards, agencies, etc., having
jurisdiction.
F.
Supervision. The Building Official may require an
application for a permit for the structural use of concrete, welding
or pile driving to have a competent inspector satisfactory to the
Building Official at all times on the work site while concrete is
being mixed or deposited or welding or pile driving performed. Such
inspector shall make daily reports to the Building Official on the
progress of the work.
[Amended 3-18-2003 by Ord. No. 63-2003]
Structures or buildings subject to the provisions
of the State Code hereafter erected without a permit and not in conformity
with the State Code shall be removed.
A.
Demolition prohibited where taxes and/or assessments are unpaid. No permit shall be granted for the demolition, removal or destruction of a building or structure where there are unpaid City taxes and/or assessments against the property upon which the building or structure is situated. The City Council may, by resolution, waive these provisions. This, however, shall not apply to unsafe buildings and structures covered by § 111-20 of this chapter.
B.
Vermin and rodents. The Building Official shall require
written certification that a building or structure is vermin- or rodent-free,
submitted by an individual duly licensed by the State of New York
to perform such work, prior to the granting of a permit for the demolition,
removal or destruction of a building or structure.
B.
New buildings. No building hereafter erected shall
be used or occupied, in whole or in part, until the certificate of
occupancy shall have been issued by the Building Official.
C.
Buildings hereafter altered or changed in use. No
building hereafter enlarged, changed, extended or altered or changed
from one use group or occupancy to another, in whole or in part, and
no building hereafter altered for which a certificate of occupancy
has not been heretofore issued shall be occupied or used until the
certificate shall have been issued by the Building Official certifying
that the work has been completed in accordance with the provisions
of the approved permit, except that any use or occupancy which was
not discontinued during the work of alteration shall be discontinued
within 30 days after the completion of the alteration unless the required
certificate is secured from the Building Official.
D.
Existing buildings. Upon application from the owner
of an existing building, the Building Official may issue a certificate
of occupancy, provided that there are no violations of law or orders
of the Building Official pending and it is established, after inspection
and investigation, that the alleged use of the building has heretofore
legally existed. Nothing in this code shall require the removal, alteration
or abandonment of or prevent the continuance of an uninterrupted occupancy
of a lawfully existing building, unless such use is deemed to endanger
public safety and welfare.
E.
Temporary certificate of occupancy.
(1)
Upon application of a holder of a permit, the Building
Official may issue a temporary certificate of occupancy for a building
or structure, or part thereof, before the entire work covered by the
permit shall have been completed, provided that such portion or portions
may be occupied safely prior to full completion of the building without
endangering life or public welfare. This temporary certificate of
occupancy may be issued by the Building Official for a period not
exceeding 90 days during the completion of any alterations that are
required under the provisions of any law or ordinance. Temporary certificates
may be renewed by the Building Official for periods not exceeding
90 days, but in no event shall temporary certificate of occupancy
renewals exceed a total of 12 months. Such temporary certificates
shall not be construed as in any way altering the respective rights,
duties or obligations of the owner or of the City respective to the
use or occupancy of the land or building or any other matter covered
by this code.
(2)
When landscaping or screening, or both, are required
under site plans approved by the Planning Board, pursuant to which
a building permit has been issued, and such work has not been completed,
no temporary certificate of occupancy shall be issued, unless the
applicant for such certificate complies with the following requirement:
(a)
Deposits with the application a performance
bond, issued by an insurance company authorized to do business in
the State of New York, guaranteeing satisfactory completion of the
work required within the time limitation of the certificate, or any
extension thereof, in a penal sum equal to the cost of the work, as
estimated by the Commissioner of Public Works; or
(b)
Deposits a certified check to the order of the
City of New Rochelle with the application, in a sum equal to the cost
of the work, as estimated by the Commissioner of Public Works, together
with an agreement to perform the work within the time limitation of
the certificate or any extension thereof and, in default thereof,
giving the City of New Rochelle the option to perform the work, to
apply the sum deposited to the cost and to charge the applicant for
any cost of the work in excess of the deposit.
F.
Application for certificate of occupancy.
(1)
Form of application. The application for a certificate
of occupancy shall be submitted in such form as the Building Official
may prescribe, all duly signed and acknowledged before a notary public
or commissioner of deeds, and shall be accompanied by the required
fee.
(2)
By whom application is made. Application for a certificate
of occupancy shall be made by the owner or lessee of the building
or structure, or agent of either, or by the engineer or architect
employed in connection with the application. If the application is
made by a person other than the owner in fee or an architect or engineer,
it shall be accompanied by a duly verified affidavit of the owner
that the application is authorized by the owner in fee and that the
applicant is authorized to make such application. The full names and
addresses of the owner, lessee, applicant and of the responsible officers,
if the owner or lessee is a corporate body, shall be stated in the
application.
(3)
Affidavit to be filed with application. Applications to the Building Official for certificates of occupancy for a structure, the plans for which were accompanied by an affidavit as required by § 111-10D of this chapter and/or in accordance with § 111-11B of this chapter, shall be accompanied by an affidavit of the registered architect or professional engineer who filed the original plans or of the registered architect or professional engineer who supervised the construction. If the application for the certificate of occupancy is not accompanied by the affidavit of the registered architect or professional engineer who filed the original plans or who supervised the construction, it shall be accompanied by the affidavit of a registered architect, professional engineer or the superintendent of construction who supervised the construction and it shall state that the deponent has examined the approved plan of the structure for which a certificate of occupancy is sought and, to the best of his knowledge and belief, the structure has been erected in accordance with the approved plans and, as erected, complies with the laws governing building construction, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
(4)
Survey. All applications for a certificate of occupancy for a new building or structure or any addition or extension to an existing building or structure shall be accompanied by a survey of the property certified by a professional land surveyor licensed in the State of New York, showing the location of the work for which the building permit was issued. However, in those cases where zoning requirements are not involved and where the Building Official makes a determination that the construction work is insubstantial (porch, one-story small additions, etc.), the Building Official may accept the following procedure in lieu of a survey: A statement on the approved plans shall be submitted, signed by the registered architect or professional engineer who prepared the same, certifying that he has personally measured the proposed work and that the as-built structure conforms to the approved plans, and/or the inspection by the building construction inspector, who will certify on the approved plans that the dimensions as-built conform to the approved plans. There will be a separate fee for the above procedure in lieu of a survey. Such fee is as set forth in § 111-42.
G.
Final approvals required. No certificate of occupancy
will be issued for a building or structure governed by the provisions
of this code until all of the work in connection with the construction,
installation, repair, etc., has been finally accepted and approved
by the Building Official or other agency having jurisdiction.
H.
Contents of certificate. When, in the opinion of the
Building Official, a building or structure is entitled thereto, the
Building Official may issue a certificate of occupancy after written
application. The certificate shall certify compliance with the provisions
of this code and any other applicable laws and ordinances and any
variances and/or modifications thereto and the purpose for which the
building or structure may be used in its several parts. The certificate
of occupancy shall specify the use group in accordance with the provisions
of this code, the maximum live load on all floors as prescribed in
this code, the occupancy load in the building and all parts thereof
as defined in this code and any special stipulations and conditions
of the building permit.
I.
Certificate of compliance. In lieu of a certificate
of occupancy, the Building Official may, under certain circumstances,
issue a certificate of compliance for demolition, signs, billboards,
minor alterations or repairs, etc., to a building or structure. The
Building Official or his authorized agent or any other agency having
jurisdiction shall, upon approved final inspection, issue a certificate
of compliance or approval for the installation of an elevator, mechanical
equipment, refrigeration, air-conditioning or ventilating apparatus,
plumbing, gas piping, electric wiring, heating system or any other
equipment coming under the provisions of the Building Code or other
said agency.
A.
Posted use and occupancy. Every building and structure
and part thereof hereinafter constructed, altered or changed in use
or occupancy for high-hazard, storage, mercantile, industrial or business
use, all as defined in the code, shall be posted on all floors by
the owner with a suitably designed placard in a form designated by
the Building Official, which shall be securely fastened to the structure
in a readily visible place, stating the use group, the fire hazard,
the live load and the occupancy load.
B.
Posted occupancy load. Every building and structure
and part thereof designed for use as a place of public assembly shall
be posted by the owner with an approved placard designating the maximum
occupied load as prescribed in the State Code. The provisions of this
section of this code shall be enforced by the Fire Department of the
City of New Rochelle, New York.
[Amended 3-18-2003 by Ord. No. 63-2003]
A.
Work for which a building permit has been issued under
this code shall be inspected for approval by the Building Official
or his representative prior to enclosing or covering any portion thereof
and upon completion of each stage of construction. It shall be the
responsibility of the owner, applicant or his agent to inform the
Building Official that the work is ready for inspection and to schedule
such inspection. Inspection shall include but not be limited to the
following:
(1)
Soil and form. A soil and form inspection shall be
performed after the footings are excavated and the forms placed.
(2)
Footing and foundation. A footing and foundation inspection
shall be performed after the forms are stripped, the footings and
foundation in place and prior to backfilling.
(3)
Structural elements, frame and masonry. A structural
element inspection shall be performed after the erection of the structural
elements of the structure are in place and secured, after all firestopping,
pipes, ducts and wiring are in place and prior to lathing and plastering
or the installation of drywalls, paneling and wall insulation.
(4)
Additional inspections. Those structures requiring
continuous inspection where various stages in their construction advance
in successive stages are further subject to the following inspection:
(a)
No reinforcing nor structural steel nor any
part of any wall, building or structure shall be covered or concealed
in any manner whatsoever without first being inspected and approved
by the Bureau of Buildings.
(b)
No mechanical installation in any building or
structure shall be covered or concealed in any manner whatsoever without
first being inspected and approved by the Bureau of Buildings and
any other department or agency having jurisdiction.
(5)
Energy code inspection. All structures and buildings
and additions thereto and all new equipment requiring compliance with
the New York State Energy Conservation Code shall be inspected and
approved during the course of construction and upon completion.
(6)
Inspections by other agencies. Where the performance
of work as stated in a building permit requires inspections and approvals
of other City agencies or agencies of the county, state or federal
government, it is the obligation of the owner of the premises to have
such inspections performed and copies thereof submitted to the Bureau
of Buildings. Such inspections and approvals will be required whether
or not they are expressly required on the permit issued by the Bureau
of Buildings.
(7)
Final inspection. A final inspection is to be performed
upon completion of work for which a permit has been issued and before
the issuance of a certificate of occupancy or certificate of compliance.
After such inspection all deviations from the approved plans and permit
shall be noted, if any, and the holder of the permit notified in writing.
No certificate of occupancy or certificate of compliance may be issued
until all required inspections are performed and approval obtained.
B.
Elevators.
[Amended 11-19-2002 by Ord. No. 206-2002; 1-15-2019 by Ord. No.
2019-1]
(1)
Frequency of inspections. All passenger elevators shall be inspected
at least once a year, and every freight elevator, escalator, dumbwaiter,
chairlift and amusement device shall be inspected at least once a
year. All such inspections shall be performed by qualified elevator
inspectors (QEI) approved by the Building Official. Certificates of
all such inspections shall be submitted within 15 days of performance
thereof and a certificate of elevator or lift compliance shall be
issued by the Building Official if the results of the inspections
are satisfactory. The provisions of this section shall not apply to
elevators, dumbwaiters and amusement devices that are inspected and
approved at least once a year by any other department or agency of
the county, state or federal government.
(2)
Acceptance tests. All new, relocated and altered elevators,
dumbwaiters, moving stairways, amusement devices and special hoisting
and conveying equipment shall undergo acceptance tests and inspections
by qualified elevator inspectors (QEI) approved by the Building Official,
all at the expense and responsibility of the owner. Certificates of
such tests and inspections shall be submitted to the Building Official
within 15 days of performance thereof.
(3)
Safety tests. When requested by the Building Official,
safety tests shall be performed on elevators, dumbwaiters, moving
stairways, amusement devices and special hoisting and conveying equipment
by qualified elevator inspections (QEI) approved by the Building Official,
all at the expense and responsibility of the owner.
C.
Required electrical certification. Upon completion
of an electrical installation which has been authorized by permit,
the electrical contractor shall submit a certification of satisfactory
completion as issued by the New York Board of Fire Underwriters or
any other electrical inspection agency duly authorized by the New
Rochelle Board of Electrical Examiners and City Council to perform
electrical inspections in the City of New Rochelle. All procedures
for inspection prior to completion shall be as prescribed by the aforementioned
Board.
[Amended 5-21-1996 by Ord. No. 107-1996]
D.
Plant inspection. Unless otherwise provided by an
agency of the state or federal government, materials or assemblies
shall be inspected at the point of manufacture or fabrication.
E.
Inspection reports. All inspection reports shall be
in writing and shall be certified by the licensed individual or licensed
authority or responsible officer of the service or the individual
when expert inspection services are accepted. A label or mark of approval
permanently fixed to the product indicating that the factory inspection
has been performed shall be accepted in lieu of the aforesaid report
in writing.
F.
Complaints. Upon notification of a bona fide complaint
within his jurisdiction, the Building Official shall cause the premises
to be inspected by the Bureau of Buildings. Upon finding conditions
or activities allegedly failing to comply with the provisions of this
code, the Building Official shall initiate appropriate action. The
Building Official shall maintain all pertinent records relative to
action taken under the provisions of this section.
A.
Right of entry. In the discharge of his duties, the
Building Official or his authorized representative shall have the
authority, upon showing the proper identification, to enter at any
reasonable hour any building, structure or premises in the municipality
to enforce the provisions of the State Code.
[Amended 3-18-2003 by Ord. No. 63-2003]
B.
Municipal cooperation. The Building Official or his
authorized representative may request and shall have made available
to him the assistance and cooperation of the police, fire and other
municipal officials in the performance of his duties.
A.
Unsafe building procedure. All buildings or structures
that endanger the health, safety or welfare of the public shall be
deemed to be unsafe buildings or structures. Such buildings or structures
shall be repaired or removed in accordance with the following provisions
and procedures herein established. A completely vacant building, unguarded
or open at door or window or roof, shall be deemed a fire hazard and
unsafe within the meaning of the code.
B.
Power to examine. The Building Official shall have
the power to examine every building or structure reported as dangerous,
unsafe structurally or constituting a fire hazard and which endangers
the health, safety or welfare of the public. After such examination,
the Building Official shall make a report of his findings.
C.
Unsafe building notice. Whenever the Building Official
finds that a building or structure is unsafe, he shall cause notice
to be served upon the owner and all other persons having an interest
in such property or structure and, in the case of an absentee or unknown
owner, to the person to whom tax bills are mailed, either personally
or by certified mail, return receipt requested, addressed to the last
known addresses as shown by the records of the City Treasurer, containing
a description of the premises, a statement of the particulars in which
the building or structure is unsafe or dangerous and an order of the
Building Official requiring the same to be repaired or removed; if
such service is made by registered mail, a copy of said notice shall
at the same time be posted on the premises.
[Amended 11-20-2018 by Ord. No. 2018-226]
D.
Owner responsibility. The owner so served shall commence
the repair or removal of such building or structure within a period
of 30 days from the date of mailing the notice.
E.
Copy of notice. A copy of such notice shall be filed
in the office of the Clerk of the County of Westchester, which notice
shall be filed by such Clerk in the same manner as a notice of pendency
pursuant to Article 65 of the Civil Practice Law and Rules and shall
have the same effect as a notice of pendency as therein provided,
except as otherwise hereinafter provided in this section. A notice
so filed shall be effective for a period of one year from the date
of filing; provided, however, that it may be vacated upon the order
of the Judge or Justice of a court of record or upon the consent of
the Corporation Counsel. The Clerk of the County of Westchester shall
mark such notice with any record or docket thereof as canceled of
record upon the presentation and filing of such consent or of a certified
copy of such order.
F.
Hearings. The Building Official shall provide for
a hearing to be afforded to the owner, notice of which shall be served
upon the owner, specifying the time and place when the hearing will
be held, and to such other persons having an interest in the property
or structure affected. The notice may be included in the notice to
repair or demolish.
G.
Failure of owner. In the event that the owner fails,
neglects or refuses to repair or remove the same within the period
of 30 days herein provided, then the City is authorized to enter upon
and remove the building or structure or make the necessary repair
to render the building or structure safe.
H.
Costs. All costs and expenses incurred by the City
in connection with proceedings to repair or remove an unsafe building
or structure shall be assessed against the land on which such building
or structure is located, including the cost of actually removing the
same.
A.
Vacating building. When, in the opinion of the Building
Official, there is actual and immediate danger of failure or collapse
of a building or structure or any part thereof which would endanger
life, or when any structure or part of a structure has fallen and
life is endangered by the occupation of the building, the Building
Official is hereby authorized and empowered to order and require the
inmates and occupants to vacate the same forthwith. He may cause to
be posted at each entrance to such building a notice declaring the
building unsafe and prohibiting its occupancy, and it shall be unlawful
for any person to enter such building or structure, except for the
purpose of making the required repairs or of demolishing the same.
B.
Temporary safeguards. When, in the opinion of the
Building Official, there is actual and immediate danger of collapse
or failure of a building or structure or any part thereof which would
endanger life, and the owner fails to take sufficient remedial measures,
the Building Official may cause the necessary work to be done to render
such building or structure or part thereof temporarily safe, whether
or not the legal procedure herein described has been instituted. The
cost thereof shall be chargeable to the owner.
C.
Closing streets. When necessary for the public safety,
the Building Official may temporarily authorize the closing of sidewalks,
streets, buildings and structures and places adjacent to such unsafe
buildings and prohibit the same from being used.
D.
Emergency repairs. For the purposes of this section,
the Building Official may employ the necessary labor and materials
to perform the required work as expeditiously as possible.
E.
Costs of emergency repairs. Cost incurred in the performance
of emergency work shall be paid from the municipal treasury on certificate
of the Building Official, and the legal authority of the municipality
shall institute appropriate action against the owner of the premises
where the unsafe building or structure was located for the recovery
of such costs.
