[HISTORY: Adopted by the Board of Trustees of the Village
of Valley Stream 12-17-2007 by L.L. No. 3-2007. Amendments noted where applicable.]
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Incorporated Village of Valley Stream. This
chapter is adopted pursuant to § 10 of the Municipal Home
Rule Law. Except as otherwise provided in the Uniform Code, other
state laws, or other sections of this chapter, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
of this chapter.
[Amended 12-19-2022 by L.L. No. 6-2022]
In this chapter:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A permit issued pursuant to § 2-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to Subsection B of § 2-7 of this chapter certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Village, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy.
Includes the Code Enforcement Officer and all Inspectors.
The Uniform Code and Energy Code.
The State Energy Conservation Construction Code, as currently
in effect and hereafter amended from time to time.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 2-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
An order issued by the Code Enforcement Officer pursuant to § 2-15 of this chapter.
The person to whom a building permit has been issued.
Includes 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.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 2-6 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law, as currently in effect and as
hereafter amended from time to time.
The Incorporated Village of Valley Stream.
A.
The
Office of Code Enforcement Officer is hereby created. The Code Enforcement
Officer shall administer and enforce all the provisions of the Uniform
Code, the Energy Code and this chapter. The Code Enforcement Officer
shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such application;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits such reasonable terms and conditions as the Code
Enforcement Officer may determine to be necessary;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates and operating permits, firesafety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code and this chapter, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code or this chapter;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The
Code Enforcement Officer shall be appointed by the Mayor with the
approval of the Board of Trustees. The Code Enforcement Officer shall
possess background experience related to building construction or
fire prevention and shall, within the time prescribed by law, obtain
such basic training, in-service training, advanced in-service training
and other training as that State of New York shall require for code
enforcement personnel, and the Code Enforcement Officer shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
C.
In
the event that the Code Enforcement Officer in unable to serve as
such for any reason, an individual shall be appointed by the Mayor
with the approval of the Board of Trustees to serve as Acting Code
Enforcement Officer. The Acting Code Enforcement Officer shall, during
the term of his or her appointment, exercise all powers and fulfill
all duties conferred upon the Code Enforcement Officer by this chapter.
D.
One
or more Inspectors may be appointed by the Mayor with the approval
of the Board of Trustees to act under the supervision and direction
of the Code Enforcement Officer and to assist the Code Enforcement
Officer in the exercise of the powers and fulfillment of the duties
conferred upon the Code Enforcement Officer by this chapter. Each
Inspector shall, within the time prescribed by law, obtain such basic
training, in-service training, advanced in-service training and other
training as the State of New York shall require for code enforcement
personnel, and each Inspector shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and regulations
promulgated thereunder.
E.
The
compensation for the Code Enforcement Officer and Inspectors shall
be fixed from time to time by the Board of Trustees of this Village.
[Amended 12-19-2022 by L.L. No. 6-2022]
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which 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 a building permit from the Code Enforcement Officer.
B.
Exemptions.
No building permit shall be required for work in any of the following
categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 144
square feet (13.88 square meters);
(2)
Installation of swings and other playground equipment associated
with one- or two-family dwellings or multiple single-family dwellings
and townhouses;
(3)
Installation of swimming pools associated with one- or two-family
dwellings or multiple single-family dwellings and townhouses where
such pools are designed for a water depth of less than 24 inches and
are installed entirely aboveground;
(4)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings and
townhouses;
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(10)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(11)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(12)
Repairs, provided that such repairs 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 which 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.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications
for building permits. Applications for a building permit shall be
made, in writing, on a form provided by or otherwise acceptable to
the Code Enforcement Officer. The application shall be signed by the
owner of the property where the work is to be performed or an authorized
agent of the owner. The application shall include such reasonable
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the Codes;
(c)
Show the location, construction, size, and character of all portions
of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information, including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical, fire-protection,
and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance with
an accurate boundary survey, showing the size and location of new
construction and existing structures and appurtenances on the site,
distances from lot lines, the established street grades and the proposed
finished grades, and, as applicable, flood hazard areas, floodways,
and design flood elevations; and
(i)
Evidence that the documents were prepared by a licensed and registered
architect in accordance with Article 147 of the New York State Education
Law or a licensed and registered professional engineer in accordance
with Article 145 of the New York State Education Law and practice
guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance
of building permits. An application for a building permit shall be
examined to ascertain whether the proposed work is in compliance with
the applicable requirements of the Uniform Code and Energy Code. The
Code Enforcement Officer shall issue a building permit if the proposed
work is in compliance with the applicable requirements of the Uniform
Code and Energy Code.
G.
Building
permits to be displayed. Building permits shall be visibly displayed
at the work site and shall remain visible until the authorized work
has been completed.
H.
Work
to be in accordance with construction documents. All work shall be
performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer reasonably
determines that such change warrants a new or amended building permit,
such change shall not be made until and unless a new or amended building
permit reflecting such change is issued.
I.
Time
limits. Building permits shall become invalid unless the authorized
work is commenced within 12 months following the date of issuance.
Building permits shall expire 24 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of any applicable fee, and approval of the application by
the Code Enforcement Officer.
J.
Revocation
or suspension of building permits. If the Code Enforcement Officer
determines that a building permit was issued in error because of incorrect,
inaccurate or incomplete information, or that the work for which a
building permit was issued violates the Uniform Code or the Energy
Code, the Code Enforcement Officer shall revoke the building permit
or suspend the building permit until such time as the permit holder
demonstrates that:
[Amended 12-19-2022 by L.L. No. 6-2022]
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements
of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar building service systems, including underground and
rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factory manufactured buildings
and manufactured homes; and
(11)
A final inspection after all work authorized by the building permit
has been completed.
C.
Remote
inspections. At the discretion of the Code Enforcement Officer or
Inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
Inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or by such authorized
Inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized Inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D.
Inspection
results. After inspection, the work or a portion thereof shall be
noted as satisfactory as completed, or the permit holder shall be
notified as to where the work fails to comply with the Uniform Code
or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
A.
Authority
to issue. The Code Enforcement Officer is authorized to issue stop-work
orders pursuant to this section. The Code Enforcement Officer shall
issue a stop-work order to halt:
(1)
Any work that is reasonably determined by the Code Enforcement Officer
to be materially contrary to any applicable provision of the Uniform
Code or Energy Code, without regard to whether such work is or is
not work for which a building permit is required, and without regard
to whether a building permit has or has not been issued for such work;
or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the reasonable opinion of the Code Enforcement Officer, without
regard to whether such work is or is not work for which a building
permit is required and without regard to whether a building permit
has or has not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Contact
of stop-work orders. Stop-work orders shall be in writing, be dated
and signed by the Code Enforcement Officer, state the reason or reasons
for issuance, and, if applicable, state the conditions which must
be satisfied before work will be permitted to resume.
C.
Service
of stop-work orders. The Code Enforcement Officer shall cause the
stop-work order, or a copy thereof, to be served on the owner of the
affected property (and, if the owner is not the permit holder, on
the permit holder) personally or by certified mail, return receipt
requested. The Code Enforcement Officer shall be permitted, but not
required, to cause the stop-work order, or a copy thereof, be served
on any builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking park or
assisting in work affected by the stop-work order, personally or by
certified mail, return receipt requested; provided, however, that
failure to serve any person mentioned in this sentence shall not affect
the efficacy of the stop-work order.
D.
Effect
of stop-work order. Upon the issuance of a stop-work order, the owner
of the affected property, the permit holder, and any other person
performing, taking part in, or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 2-15 of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
[Amended 12-19-2022 by L.L. No. 6-2022]
A.
Certificates
of occupancy or certificates of compliance required. A certificate
of occupancy or certificate of compliance shall be required for any
work which is the subject of a building permit and for all structures,
buildings, or portions thereof which are converted from one use or
occupancy classification or subclassification to another. Permission
to use or occupy a building or structure, or portion thereof, for
which a building permit was previously issued shall be granted only
by issuance of a certificate of occupancy or a certificate of compliance.
B.
Issuance
of certificates of occupancy and certificates of compliance. The Code
Enforcement Officer shall promptly issue a certificate of occupancy
or a certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an Inspector authorized by the
Code Enforcement Officer shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy or a certificate
of compliance. In addition, where applicable, the following documents
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.
Contents
of certificates of occupancy and certificates of compliance. A certificate
of occupancy and certificate of compliance shall contain the following
information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy or the certificate of compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary
certificate. The Code Enforcement Officer shall be permitted to issue
a temporary certificate allowing the temporary occupancy of a building
or structure, or a portion thereof, prior to completion of the work
which is the subject of a building permit. However, in no event shall
the Code Enforcement Officer issue a temporary certificate unless
the Code Enforcement Officer determines 1) that the building structure,
or the portion thereof covered by the temporary certificate, may be
occupied safely, 2) that any fire- and smoke-detecting or fire-protection
equipment which has been installed is operational, and 3) that all
required means of egress from the building or structure have been
provided. The Code Enforcement Officer may include in a temporary
certificate such terms and conditions as he or she deems necessary
or reasonably appropriate to ensure safety or to further purposes
and intent of the Uniform Code. A temporary certificate shall be effective
for a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and the Energy Code.
E.
Revocation
or suspension of certificates. If the Code Enforcement Officer determines
that a certificate of occupancy or certificate of compliance or a
temporary certificate was issued in error because of incorrect, inaccurate
or incomplete information, and if the relevant deficiencies are not
corrected to the satisfaction of the Code Enforcement Officer.
The chief of any fire department providing firefighting services
for a property within this Village shall promptly notify the Code
Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Incorporated Village
of Valley Stream shall be identified and addressed in accordance with
the same procedures utilized in stop-work orders.
[Amended 12-19-2022 by L.L. No. 6-2022]
A.
Operation permits required. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings as listed below:
(2)
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
FCNYS Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;
(b)
FCNYS Chapter 24, "Flammable Finishes." Operations utilizing
flammable or combustible liquids, or the application of combustible
powders regulated by Chapter 24 of the FCNYS;
(c)
FCNYS Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
(d)
FCNYS Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
(f)
FCNYS Chapter 32, "High-Piled Combustible Storage." High-piled
combustible storage facilities with more than 500 square feet (including
aisles) of high-piled storage;
(g)
FCNYS Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant;
(h)
FCNYS Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work, welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
(i)
FCNYS Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;
(j)
FCNYS Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270;
(k)
FCNYS Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)
FCNYS Section 308, "Open Flames." Removing paint with a torch,
or using open flames, fire, and burning in connection with assembly
areas or educational occupancies; and
(m)
FCNYS Section 319, "Mobile Food Preparation Vehicles." Operating
a mobile food preparation vehicle in accordance with the permitting
requirements established by this Local Law, as now in effect or as
hereafter amended from time to time.
(3)
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in section R327.5 of the RCNYS;
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by the Village.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an Inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit. Such inspections shall
be performed either in-person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the sole discretion
of the Code Enforcement Officer or an Inspector authorized by the
Code Enforcement Officer, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or Inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
code enforcement program. Should a remote inspection not afford the
Village sufficient information to make a determination, an in-person
inspection shall be performed. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder shall be notified as to the manner
in which the premises fail to comply with either or both of the Uniform
Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall remain in
effect until reissued, renewed, revoked, or suspended, but in no event
to exceed as follows:
F.
The effective period of each operating permit shall be specified
in the operating permit. An operating permit may be reissued or renewed
upon application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
G.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
[Amended 12-19-2022 by L.L. No. 6-2022]
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an Inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings are not included in Subsection A(1) or (2) of this subsection, and all nonresident buildings, structures, uses and occupancies are not included in Subsection A(1) or (2) of this subsection, shall be performed at least once every 24 months.
B.
Remote inspections. At the discretion of the Code Enforcement Officer
or Inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized Inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized Inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized Inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner.
(2)
Receipt by the Code Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
Receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist; provided,
however, that nothing in this subsection shall be constructed as permitting
an inspection under any circumstances under which a court order or
warrant permitting such inspection is required, unless such court
order or warrant shall have been obtained.
D.
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary,
the Code Enforcement Officer may accept an inspection performed by
the Office of Fire Prevention and Control or other authorized entity
pursuant to sections 807-a and 807-b of the Education Law and/or section
156-e of the Executive Law, in lieu of a fire safety and property
maintenance inspection performed by the Code Enforcement Officer or
by an Inspector, provided that:
(1)
The Code Enforcement Officer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR section
1203.2(e);
(2)
The Code Enforcement Officer is satisfied that such inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(3)
Such inspections are performed no less frequently than once a year;
(4)
A true and complete copy of the report of each such inspection is
provided to the Code Enforcement Officer; and
[Added 12-19-2022 by L.L. No. 6-2022]
A.
The Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within the
Village as required by the Uniform Code. Such determinations shall
be made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include but shall not necessarily
be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termites; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
B.
The Code Enforcement Officer shall prepare a written record of the
climatic and geographic design criteria determined pursuant to this
section, shall maintain such record within the office of the Code
Enforcement Officer, and shall make such record readily available
to the public.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps
as the Code Enforcement Officer may deem to be necessary and appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation or otherwise proceeding in the manner described in § 2-15 of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
Personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Board of Trustees a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in § 2-13 of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of the Incorporated Village of Valley Stream,
on a form prescribed by the Secretary of State, a report of the activities
of the Incorporated Village of Valley Stream relative to administration
and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials this information
and accounts of the activities of the Incorporated Village of Valley
Stream in connection with administration and enforcement of the Uniform
Code.
A.
Compliance orders. The Code Enforcement Officer is authorized to
order, in writing, the remedying of any condition or activity found
to exist in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this chapter. Upon finding
that any such condition or activity exists, the Code Enforcement Officer
shall issue a compliance order. The compliance order shall (1) be
in writing; (2) be dated and signed by the Code Enforcement Officer;
(3) specify the condition or activity that violates the Uniform Code,
the Energy Code, or this chapter; (4) specify the provision or provisions
of the Uniform Code, the Energy Code, or this chapter which is/are
violated by the specified condition or activity; (5) specify the period
of time which the Code Enforcement Officer deems to be reasonably
necessary for achieving compliance; (6) direct that compliance to
be achieved within the specified period of time; and (7) state that
an action or proceeding to compel compliance may be instituted if
compliance is not achieved within the specified period of time. The
Code Enforcement Officer shall cause the compliance order, or a copy
thereof, to be served on the owner of the affected property personally
or by registered mail/certified mail. The Code Enforcement Officer
shall be permitted, but not required, to cause the compliance order,
or a copy thereof, to be served on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work being performed
at the affected property personally or by certified mail, return receipt
requested; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and each inspector
is authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this chapter, or any term or condition of any building
permit, certificate of occupancy or certificate of compliance, temporary
certificate, stop-work order, operating permit or other notice or
order issued by the Code Enforcement Officer pursuant to any provision
of this chapter, shall be liable to a civil penalty of not more than
$200 for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of the Incorporated Village of
Valley Stream.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of the Incorporated Village of Valley Stream, in a court of competent
jurisdiction, to prevent, restrain, enjoin, correct, or abate any
violation of, or to enforce, any provision of the Uniform Code, the
Energy Code, this chapter, or any term or condition of any building
permit, certificate of occupancy, certificate of compliance, temporary
certificate, stop-work order, operating permit, compliance order,
or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter. In particular, but not by way of
limitation, where the construction or use of a building or structure
is in violation of any provision of the Uniform Code, the Energy Code,
this chapter, or any stop-work order, compliance order or other order
obtained under the Uniform Code, the Energy Code, this chapter, an
action or proceeding maybe commenced in the name of the Incorporated
Village of Valley Stream, in the Supreme Court or in any other court
having the requisite jurisdiction, to obtain an order directing the
removal of the building or structure or an abatement of the condition
in violation of such provisions. No action or proceeding described
in this subsection shall be commenced without the appropriate authorization
from the Board of Trustees.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 2-6 of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 2-6 of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Board
of Trustees. Such fee schedule may thereafter be amended from time
to time by like resolution. The fees set forth in, or determined in
accordance with, such fee schedule or amended fee schedule shall be
charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
The Board of Trustees may, by resolution, authorize the Mayor
to enter into an agreement, in the name of the Incorporated Village
of Valley Stream, with other governments to carry out the terms of
this chapter, provided that such agreement does not violate any provision
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
