[Adopted 1-6-1976 as Art. I of Ch. 8 of the 1976 Code]
[Amended 11-10-1999 by L.L. No. 3-1999; 10-5-2006 by L.L. No. 3-2006]
The Village of Flower Hill hereby adopts the
standards of the New York State Fire Prevention and Building Code
(Uniform Code) in accordance with the provisions of § 381
of the New York Executive Law.
A. Building permits required. Except as otherwise provided in Subsection
B hereof, a building permit shall be required for any work that must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained the same from the Village.
B. Exemptions. No building permit shall be required for
work in any of the following categories:
(1) Painting, wallpapering, tiling, carpeting, or other
similar finish work.
(2) Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances.
(3) Repairs, provided that the same do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof or of any structural beam or load-bearing
component;
(b)
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
that affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire protection system for any period of time.
C. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection
B hereof shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. Waiver per
New York Department of Health regulations regarding location of septic
systems.
[Added 5-2017 byOrd. No.
9-2017]
(1) Purpose.
The State of New York Codes, Rules and Regulations, Title 10, Department
of Health, Chapter II, Part 75, Standards for Individual Onsite Water
Supply and Individual Onsite Wastewater Treatment Systems, Appendix
75-A, Wastewater Treatment Standards - Residential Onsite Systems
[Statutory Authority: Public Health Law § 201(1)(l)], 75-A.4,
Soil and Site Appraisal, regulates separation requirements for septic systems,
that mandates that the distance between a dwelling and septic system
and property line and septic system be 10 feet each. As many properties
in the Village of Flower Hill do not have front yards sufficient to
allow such separation, the Board of Trustees has determined that a
waiver of this section is required.
(2) Waiver.
Where the distance between a septic system leaching pool and dwelling
is less than 20 feet and the distance between a septic system leaching
pool and a property line is less than 10 feet as required by regulations,
the Building Inspector shall have the authority to approve the installation
and location per the 1979 General Waiver to Nassau County by the New
York State Department of Health.
[Amended 11-10-1999 by L.L. No. 3-1999]
The Village Clerk or Village Clerk-Treasurer
be and is hereby instructed to file a certified copy of this article
in the principal office of the State Fire Prevention and Building
Code Council and in the office of the Secretary of State at Albany,
New York.
[Adopted 1-6-1976 as Art. II of Ch. 8 of the 1976 Code]
No change in nature of occupancy shall be made
unless such change is authorized under the provisions of this article
and is covered by the certificate of occupancy.
Any building to be demolished shall be taken
down story by story. No materials shall be placed on any floor during
demolition that would render it unsafe, but all shall be at once lowered
to the ground.
[Amended 11-6-2000 by L.L. No. 3-2000]
The Building Inspector may request admittance,
at a reasonable time and upon due notice to an occupant or an owner,
onto any property or into any structure in the Village where he has
reasonable grounds to suspect that a violation or unsafe condition
exists, and the refusal, failure or neglect to admit him shall constitute
a violation of this Code. At any site at which a building permit has
been issued, the Building Inspector shall have the right to enter
and inspect the work at a reasonable hour, without notice, and the
refusal, failure or neglect to admit him shall constitute a violation
of this Code, and shall be grounds for the cancellation of this building
permit.
The Board of Trustees shall have authority to
order, conduct or accept tests for any building materials or construction
and to prescribe the procedure for the approval of new materials or
construction not covered in this article. Such procedure shall include
due public notice and listing and placing on file of all orders and
regulations.
[Added 7-6-2009 by L.L. No. 12-2009]
Notwithstanding any of the foregoing, the use of synthetic stucco
for residential construction projects is prohibited.
[Amended 11-6-2000 by L.L. No. 3-2000]
Any applicant for a permit or any owner, lessee,
architect or builder or agent thereof who may be conducting a building
operation shall have the right of appeal to the Board of Appeals from
any decision or act of the Inspector, provided that such appeal is
filed within 60 days of the rendering of such opinion or the commission
of such act.
[Added 5-4-2009 by L.L. No. 6-2009]
Any permit granted under this Code for which
there is no other expiration period specifically otherwise set shall
expire three months from the day upon which it was granted.
[Added 12-7-2009 by L.L. No. 25-2009; amended 5-3-2010 by L.L. No. 7-2010; 2-6-2017 by L.L. No. 3-2017]
A. Definition. A surety bond is defined as a three-party agreement that
legally binds together a principal who needs the bond (property owner
or contractor), an obligee who requires the bond (Village) and a surety
company that sells the bond. If the principal fails to perform the
agreement by not completing all work that would result in a certificate
of occupancy, the bond will cover the cost of full completion by the
Village or surety company.
B. A surety bond or deposit (may also be known as a performance bond, construction bond, site improvement bond, contract bond or by some other name), in the sum set forth in Chapter
A243, Fees, Charges, and Deposits, shall be posted by an applicant who is required to do so in order to guarantee completion by the surety company or reimbursement to the Village for any costs incurred by the noncompletion of a project to the point where a certificate of occupancy would be issued.
C. The bond or deposit amount shall be established by resolution of
the Board of Trustees and may be changed from time to time as the
Board deems necessary.
D. For the purposes of this section, the completion of construction
and issuance of a certificate of occupancy shall be a reimbursable
event.