Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of New Rochelle, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (17) Index
[Amended 3-18-2003 by Ord. No. 63-2003]
A. 
Duties of the Board of Standards and Appeals.
(1) 
The Board of Standards and Appeals shall have the power to vary or modify the provisions of this code except those sections which are provisions of the State Code, or within the Downtown Overlay Zone as designated in Chapter 331, where the Planning Board shall have authority.
[Amended 12-12-2017 by Ord. No. 249-2017]
(2) 
The Board shall also have the power to vary or modify certain provisions of the New York State Multiple Residence Law as permitted under said law.
(3) 
The owner of a building which has been designated as unsafe by the Building Official shall have the right to appeal to the Board of Standards and Appeals, except in cases of emergency.
(4) 
In all cases, any variation or modification granted by the Board of Standards and Appeals, City of New Rochelle, shall not be less restrictive than the provisions of the Code or any other county, state or federal law.
B. 
Constitution of Board of Standards and Appeals.
(1) 
Membership of Board. The Board of Standards and Appeals shall consist of five members appointed by the Mayor for one- , two- or three-year terms, plus the Building Official, ex officio (without vote).
(2) 
Selection and qualifications of Board members. Each member shall be a licensed professional engineer or architect or a builder or superintendent of building construction, each of at least 10 years' experience, five years of which shall have been in responsible charge of work; and at least one of the members shall be a professional engineer with a structural or architectural engineering background. The present Board members shall continue to serve their unexpired terms. In the event that several appointments are to be made simultaneously, the Mayor may appoint members to differing terms of office as per Subsection B(1) above so that a continuity of policy and familiarization is attained.
(3) 
Absence of members. During the absence of a member by reason of disability or disqualification, the appointing officer may designate a qualified substitute.
(4) 
Chairman of Board. The Board may select one of its members to serve as Chairman, for a period of one year.
(5) 
Exemption of members. No member of the Board shall pass on any question in which he is engaged as contractor or material dealer, or in the preparation of plans or specifications, or in which he has any personal interest, directly or indirectly.
C. 
Appeals and new rules procedure.
(1) 
Notice of meeting. The Board shall meet upon notice of the Chairman or at stated periodic meetings if warranted by the volume of work. In cases of an appeal from an unsafe designation, the meeting shall be held within three days of notice of the Chairman.
(2) 
Meetings. All meetings and hearings shall be public. In the case of a hearing of a complaint or appeal, all interested parties shall be given an opportunity to be heard.
D. 
Decisions of Board of Standards and Appeals.
(1) 
Action of Board. When an appeal is made to the Board, the Board shall declare no jurisdiction or affirm, modify or reverse the decision of the Building Official by a concurring vote of three members.
(2) 
Resolutions of Board. Every action of the Board shall be by resolution, and certified copies shall be furnished to the appellant, in the case of appeal only, and to the Building Official.
(3) 
Determining vote. Failure to secure three concurring votes of an appeal shall be deemed a confirmation of the decision of the Building Official, except that the appellant shall be entitled to further hearing before a full Board if there were not five qualified members present when the vote was taken.
(4) 
Enforcement of decision. The Building Official may take immediate action in accordance with the decision of the Board and shall have the power to enforce said decisions in accordance with the provisions of this code.
E. 
Court review. Every decision of the Board shall be subject to review as provided in Article 78 of the Civil Practice Law and Rules. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the City.[1]
[1]
Editor's Note: Former Art. X, Modifications of State Standards, which followed this subsection, was repealed 3-18-2003 by Ord. No. 63-2003.