Village of Rockville Centre, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rockville Centre as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Awnings —  See Ch. 96.
Bowling alleys and pool halls — See Ch. 105.
Building code — See Ch. 112.
Building drains — See Ch. 118.
Dangerous and unsafe buildings — See Ch. 122.
Moving of buildings — See Ch. 126.
Numbering of buildings —  See Ch. 129.
Rehabilitation of buildings — See Ch. 132.
Master electricians — See Ch. 160.
Entertainment — See Ch. 163.
Escalators — See Ch. 169.
Fire escapes — See Ch. 181.
Fire prevention and control — See Ch. 185.
Licenses — See Ch. 222.
Lodging and boarding houses — See Ch. 225.
Plumbing — See Ch. 256.
Smoke emission — See Ch. 276.
Solid waste — See Ch. 283.
Streets and sidewalks — See Ch. 287.
Swimming pools — See Ch. 291.
Electric and water utilities — See Ch. 306.
Planning Board; site plan review; subdivision of land — See Ch. 330.
Signs and posting bills — See Ch. 335.
Zoning — See Ch. 340.
Article I General Provisions

§ 115-1 Legislative intent and history.

§ 115-2 Superintendent of Buildings.

§ 115-3 Building Inspectors.

§ 115-4 Restrictions on employees of Building Department.

§ 115-5 Duties and powers of Superintendent of Buildings.

§ 115-6 Records and reports.

§ 115-7 Cooperation of other departments.

§ 115-8 Application for building permit.

§ 115-9 Issuance or disapproval of building permit.

§ 115-10 Conditions of building permit.

§ 115-11 Revocation of permit.

§ 115-12 Stop orders.

§ 115-13 Abandonment of project.

§ 115-14 Supervision of construction; inspections.

§ 115-15 Qualifications for plumbers; Plumbers' Examining Board.

§ 115-16 Miscellaneous requirements.

§ 115-17 Excavations.

§ 115-18 Certificate of occupancy.

§ 115-19 Inspection prior to issuance of certificate of occupancy; required documents.

§ 115-20 Issuance of certificate of occupancy; contents of certificate.

§ 115-21 Temporary certificate of occupancy.

§ 115-21.1 Revocation or suspension of certificates of occupancy.

§ 115-21.2 Notification regarding fire or explosion.

§ 115-21.3 Operating permits.

§ 115-21.4 Firesafety and property maintenance inspections.

§ 115-22 Tests.

§ 115-22.1 Complaints.

§ 115-23 Penalties for offenses.

§ 115-24 Abatement of violations.

§ 115-25 Failure of enforcement officer does not legalize nonconforming practice.

§ 115-25.1 Recordkeeping.

§ 115-25.2 Program review and reporting.

§ 115-26 Electrical installations and inspections.

§ 115-27 Repair of damaged buildings.

§ 115-28 Fire limits.

§ 115-29 Elevators.

§ 115-30 Fees.

§ 115-31 Interpretation.

Article II Emergency Lighting in Residential Structures

§ 115-32 Definitions.

§ 115-33 Emergency lighting required; location.

§ 115-34 Approved power sources.

§ 115-35 Conditions for approval; inspections.

§ 115-36 Higher standards to prevail; repealer.

§ 115-37 Date for compliance.

§ 115-38 Penalties for offenses.

[Adopted 9-13-1971]

§ 115-1 Legislative intent and history.

[Amended 5-3-2005 by L.L. No. 3-2005]
The public health, safety and welfare requires the promulgation of a building code and of regulations consistent therewith. This chapter shall continue to provide for the administration and enforcement of Article 18 of the Executive Law, now known as the “New York State Uniform Fire Prevention and Building Code” (Uniform Code) as well as the International Building Code (IBC) in the Village of Rockville Centre. This article is adopted pursuant to § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided within this article, state law, the Uniform Code, and the IBC, all premises, regardless of use, are subject to the provisions that follow. The Board of Trustees of the Village of Rockville Centre (Board) had, by resolution passed on September 4, 1962, accepted the applicability of State Building Construction Code pursuant to the provisions of Article 18 of the Executive Law and is by law responsible for the administration and enforcement of the provisions of that code. To that end, the Village had rules and regulations relating to the administration and enforcement of such Building Construction Code. The adoption of this article in 1971 replaced those rules and regulations and defined the fire limits.

§ 115-2 Superintendent of Buildings.

[Amended 5-3-2005 by L.L. No. 3-2005]
There is hereby designated in the Village of Rockville Centre a Superintendent of Buildings and a Deputy Superintendent of Buildings, who shall be appointed by the Village Board at a compensation to be fixed by it. The Board of Trustees shall have the power to delegate to the Mayor the authority to designate the Deputy Superintendent to act in the absence, or inability to act, of the Superintendent of Buildings. The term “Superintendent of Buildings,” as used in this article, shall be the individual charged with the enforcement of this article.

§ 115-3 Building Inspectors.

[Amended 5-3-2005 by L.L. No. 3-2005]
The Board of Trustees (Board) may appoint one Building Inspector or more, as the need may appear, to act under the supervision of the Superintendent of Buildings and to exercise any portion of his or her powers and duties. The compensation of such Building Inspectors shall be fixed by the Board.

§ 115-4 Restrictions on employees of Building Department.

[Amended 5-3-2005 by L.L. No. 3-2005]
No officer or employee of the Building Department shall engage in any activity inconsistent with his or her duties or with the interests of the Building Department, nor shall he or she, during the term of his employment, engage directly or indirectly in any building construction or alteration or building repair business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Village of Rockville Centre, except that this provision shall not prohibit any employee from such activities in connection with the construction, alteration or repair of a building or structure owned by him and not constructed for sale.

§ 115-5 Duties and powers of Superintendent of Buildings.

[Amended 5-3-2005 by L.L. No. 3-2005]
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Superintendent of Buildings shall:
A. 
Administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.
B. 
Have the power to adopt rules and, from time to time, to alter, amend, change or revoke such rules, to secure the intent and purpose of this article and a proper enforcement of the laws, ordinances and regulations governing building construction.
C. 
Receive and review applications and issue permits for the erection, alteration, removal and demolition of buildings or structures, or parts thereof, including plumbing, drainage, air conditioning, ventilation, heating, and examine the premises for which such applications have been received or such permits have been issued for the purpose of insuring compliance with laws, ordinances and regulations governing building construction.
D. 
Issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and, to insure compliance during the entire course of construction with the requirements of such laws, ordinances and regulations, make all inspections which, in his or her judgment, are necessary or proper for the carrying out of his or her duties, except that written reports of inspection from Building Inspectors or other employees of the Building Department, or from generally recognized and authoritative service and inspection bureaus, provided the same are certified by the responsible official thereof, may be accepted in lieu of any such inspections.
E. 
Have the right to require an applicant for a building permit to secure the performance of tests in the field by experienced, professional persons, or by accredited and authoritative testing laboratories or service bureaus or agencies, whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations covering building construction, to ensure the adequacy of infrastructure, utilities, water, sewers, sanitation and other resources and to evaluate the impact of the application on the environment. The performance of any tests described in this subsection shall be at the expense of the applicant for the building permit.
F. 
Receive and examine and approve or disapprove, within a reasonable time after receipt thereof, applications to install any new plumbing or drainage work in a building or structure, or to extend or alter any existing plumbing or drainage work, whether such work is to be connected with a sewer or not.
G. 
Have the right to enter any building or premises in said Village at any reasonable hour upon showing his or her badge of office, which right shall also extend to any officer or employee of the Building Department, so far as may be necessary for the performance of his duties.
H. 
Have all the powers of a peace officer of the Village, including the power of arrest.

§ 115-6 Records and reports.

[Amended 5-3-2005 by L.L. No. 3-2005]
A. 
The Superintendent of Buildings shall keep official records of all transactions and activities conducted by the Building Department, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices of orders issued in accordance with New York State Education Department laws.
B. 
The Superintendent of Buildings shall, yearly, submit to the Village Board a written report and summary of all business conducted by the Building Department, including permits and certificates issued, fees collected.

§ 115-7 Cooperation of other departments.

The Superintendent of Buildings may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the appropriate Police, Fire and Health Departments, and of all municipal or other officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 115-8 Application for building permit.

[Amended 5-3-2005 by L.L. No. 3-2005]
A. 
No person, firm, partnership, corporation or entity shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Superintendent of Buildings for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. 
Application for a building permit shall be made to the Superintendent of Buildings on forms provided by the Building Department and shall contain the following information:
(1) 
A description of the land on which the proposed work is to be done.
(2) 
A statement of the use or occupancy of all parts of the land and the proposed building or structure.
(3) 
The valuation of the proposed work.
(4) 
The name and address of the owner and the applicant and licensed professionals engaged to work on the project shall be shown. Where the applicant or owner is a corporation, the Superintendent of Buildings may require the names and addresses of all officers, directors and principal stockholders of said corporation, and shall require the applicant or owner to notify the Building Department of any changes to those names and addresses.
(5) 
A brief description of the nature of the proposed work.
(6) 
A schematic utility/service site plan, including but not limited to sewer, electric and water connections.
(7) 
At least two sets of construction documents (drawings and/or specifications) as set forth in Subsection D of this section, which:
[Amended 6-17-2008 by L.L. No. 6-2008]
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer or other authorized professional where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e) 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
(8) 
A statement of special inspections prepared in accordance with the provisions of the Uniform Code.
[Added 6-17-2008 by L.L. No. 6-2008[1]]
[1]
Editor's Note: this local law also redesignated former Subsection B(8) as B(9).
(9) 
Such other information as may reasonably be required by the Superintendent of Buildings to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
C. 
Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. The Superintendent of Buildings shall require a separate application to be filed for an elevator installation, but in case such separate application is filed by the same applicant in connection with and relating to an application to construct or alter a building or structure, it shall not be necessary to duplicate information contained in the application to construct or alter. Nothing in this section shall prevent the Superintendent of Buildings from requiring such additional information as may be necessary to an intelligent understanding of any proposed work.
D. 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan and property survey, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structure on adjoining property, including the grades thereof, widths and grades of adjoining streets, walks and alleys, and, where required by the Superintendent of Buildings, details of structural, mechanical and electrical work, including computations, stress programs and other essential technical data. Each application shall also be accompanied by a recent tax bill. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by §§ 7209 and 7307 of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. The Superintendent of Buildings may waive the requirement for filing plans and specifications for minor alterations.
E. 
Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Superintendent of Buildings prior to the commencement of such change of work.
F. 
No permit shall be issued until proof in form satisfactory to the New York State Superintendent of Insurance and the Superintendent of Buildings that Workers’ Compensation Insurance covering all operations on the building for which a permit is requested has been submitted to the Superintendent of Buildings and recorded by him for inspection by representatives of the New York State Department of Labor.

§ 115-9 Issuance or disapproval of building permit.

[Amended 5-3-2005 by L.L. No. 3-2005]
A. 
The Superintendent of Buildings shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith, and shall approve or disapprove the application within a reasonable time.
B. 
Upon approval of the application and upon receipt of all legal fees therefor, he or she shall issue a building permit to the applicant upon the form prescribed by him and shall affix his or her signature or cause his or her signature to be affixed thereto. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Superintendent of Buildings and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the Superintendent of Buildings or his or her authorized representative at all reasonable times.
C. 
If the application, together with plans, specifications and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Superintendent of Buildings shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Superintendent of Buildings shall cause such disapproval, together with the reasons therefor, to be transmitted to the applicant in writing.

§ 115-10 Conditions of building permit.

A. 
A building permit shall be effective for a period of three months after issuance to authorize the commencement and continuation of work in accordance with the application, plans and specifications on which it is based. If substantial work pursuant to the permit is commenced within three months after the date of its issuance, and such work actively continues until completion, the permit shall remain in effect during such period of time. In the event no substantial construction is performed in any period of 60 days or more during the term of a permit, the permit shall be deemed abandoned unless extended by the Superintendent of Buildings pursuant to this subsection. Notwithstanding any of the foregoing, a building permit shall not remain effective for a period in excess of one year from the date of issuance unless extended pursuant to this subsection. For good cause shown and at the discretion of the Superintendent, and upon payment of a fee as established by resolution of the Board of Trustees, the Superintendent may grant a maximum of two extensions of a permit for periods not exceeding three months each. Any further extensions shall require the approval of the Board of Trustees, which may be issued only upon written application and payment of any required extension fee.
[Amended 5-3-2005 by L.L. No. 3-2005; 5-3-2010 by L.L. No. 4-2010]
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.
C. 
The building permit card shall be displayed prominently on the job site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares.

§ 115-11 Revocation of permit.

[Amended 5-3-2005 by L.L. No. 3-2005]
The Superintendent of Buildings may revoke a building permit previously issued in the following instances:
A. 
Where he or she finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he or she finds that the building permit was issued in error, and should not have been issued, in accordance with applicable laws.
C. 
Where he or she finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Superintendent of Buildings.

§ 115-12 Stop orders.

[Amended 5-3-2005 by L.L. No. 3-2005; 6-17-2008 by L.L. No. 6-2008]
A. 
Whenever the Superintendent of Buildings has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he or she shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the reason for the stop order and the conditions under which the work may be resumed, and may be served upon the person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building under construction or being worked upon and sending a copy of the same by certified mail to said person.
B. 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in 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 as authorized by 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.

§ 115-13 Abandonment of project.

[Amended 5-3-2005 by L.L. No. 3-2005]
In the event of the abandonment of any building project, it shall be the duty of the holder of the permit or the owner of the premises, his agent or duly authorized representative, to backfill any open excavation up the street or ground level. In case the construction of the building or structure has proceeded beyond the cellar excavation, all incompleted structures or openings shall be completely boarded up in a manner satisfactory to the Superintendent of Buildings so as to prevent access to the building or structure, in order to limit and prevent danger to persons or property and possible fire hazards and to present a neat appearance.

§ 115-14 Supervision of construction; inspections.

[Amended 5-3-2005 by L.L. No. 3-2005]
A. 
No building which is to have a total floor area in excess of 10,000 square feet shall be constructed except under the supervision of a professional engineer or architect licensed or registered in the State of New York. The affidavit shall be signed and sworn to by the engineer or architect who will supervise the construction of such building and shall have his or her professional seal affixed. In the event that such engineer or architect shall, for any reason, discontinue his or her supervision of the construction of the building at any time prior to the completion, he or she shall notify the Superintendent of Buildings of such fact immediately, 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 Superintendent of Buildings certifying that supervision of the construction has been resumed by another or the same engineer or architect.
B. 
No certificate of occupancy will be issued for a building having a total floor area in excess of 10,000 square feet until a final certificate is filed with the Superintendent of Buildings by the engineer or architect who supervised the construction that the building was in fact erected in conformity with the plans therefor filed with the Building Department.
C. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Superintendent of Buildings or by an inspector authorized by the Superintendent of Buildings. The permit holder shall notify the Superintendent of Buildings when any element of work described in Subsection D of this section is ready for inspection.
[Added 6-17-2008 by L.L. No. 6-2008]
D. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
[Added 6-17-2008 by L.L. No. 6-2008]
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building 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) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permit has been completed.
E. 
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.
[Added 6-17-2008 by L.L. No. 6-2008]

§ 115-15 Qualifications for plumbers; Plumbers' Examining Board.

A. 
Qualifications of plumbers. No person shall engage in the business of plumbing or do any plumbing work within the Village of Rockville Centre unless he or she shall be duly licensed by the Village of Rockville Centre and maintain insurance coverage as provided in this article, proof of which shall be filed with the Superintendent of Buildings.
[Amended 5-16-1983 by L.L. No. 6-1983; 8-8-2005 by L.L. No. 5-2005]
B. 
Application for license. Any person desiring a master plumber's license shall make application in writing to the Plumbers' Examining Board, which Board shall arrange for an examination of such applicant. Where, however, the applicant is, at the time of making the application, a duly licensed master or employing plumber, maintaining his or her principal place of business in any other municipality in the State of New York, which maintains standards equal to those of the Village of Rockville Centre, he or she may submit a certified or photostatic copy of a certificate of competency issued by such municipality. In such case, examination may be waived and the application approved, provided that such municipality has signified in writing its willingness to reciprocate in like manner with the Village of Rockville Centre. No certificate of competency shall be issued to any applicant unless he or she has been examined by the Plumbers' Examining Board of the Village of Rockville Centre. The fee in such cases shall be the same as for those requiring examination by the Plumber's Examining Board.
[Amended 5-3-2005 by L.L. No. 3-2005; 8-8-2005 by L.L. No. 5-2005]
C. 
After such examination, said Plumbers' Examining Board shall endorse on said application its approval or disapproval thereof and, if approved, shall issue a certificate of competency. If the application shall be passed on without examination as hereinbefore provided, said Board shall endorse on said application its approval or disapproval thereof and, if approved, shall issue a certificate of approval. Upon issuance of such certificate of competency or approval and compliance with the other provisions of this article, the Board of Trustees through the Village Clerk may issue to such applicant a license to do business as a master plumber in the Village of Rockville Centre.
D. 
Notice of change. Whenever a licensed master plumber shall retire from business or remove his or her place of business from the place named in his or her application for license, the Building Department shall be notified of such retirement or removal and shall be given the address of the new place of business in case of such removal.
[Amended 5-3-2005 by L.L. No. 3-2005; 8-8-2005 by L.L. No. 5-2005]
E. 
Revocation of license. A license granted under the provisions of this section may be revoked by the Board of Trustees after notice to the licensee that it is proposed to revoke the license and a hearing in the matter at which the licensee shall have an opportunity to appear and be heard in relation to such revocation, in accordance with Chapter 222 of the Rockville Centre Code.
[Amended 5-3-2005 by L.L. No. 3-2005]
F. 
License restricted to individual. No master plumber shall directly or indirectly allow his or her license to be used in connection with work not actually done by him or her or under his or her supervision. A partnership or corporation may establish, engage in, or carry on the business of plumbing under a master plumber's license granted in accordance with the provisions hereof to a master plumber who is a partner or an officer of such corporation, and who is engaged in such business as supervising or directing master plumber, and who will be responsible for the carrying on of said business in accordance with the provisions of the laws, ordinances and regulations of the state, county and Village applicable to said business.
[Amended 5-3-2005 by L.L. No. 3-2005]
G. 
Insurance. Every master plumber shall file with the Village Clerk before issuance of a license, and upon each renewal of said license, as hereinafter provided, proof of maintenance of an insurance policy with minimum limits of one million dollars ($1,000,000) primary insurance and two million dollars ($2,000,000) excess insurance, indemnifying and saving harmless the Village of Rockville Centre of and from all damages or claims of damages to a public sewer, water service mains or pipes, to a highway or the surface thereof, to public or private property or to any person, arising from unlawful or negligent acts or omissions of said master plumber, his or her agents or employees, or anyone operating under the authority of his or her license, in making connection with a public sewer, in opening a public sewer, or in making an opening or excavation in a public highway, public square or public park, or in maintaining, guarding, refilling or working in or about such opening or excavation, or in maintaining or guarding objects or materials taken from such opening or excavation or used in connection therewith. Said insurance coverage shall remain in full force and effect until the 31st day of December of the year of its issuance, unless sooner canceled by the Board of Trustees, and shall be and remain security for indemnity for damages, as aforesaid, during the time it is in force. Renewal insurance policies shall in all cases be filed with the Superintendent of Buildings on or before December 31 of each year.
[Amended 5-16-1983 by L.L. No. 6-1983; 5-3-2005 by L.L. No. 3-2005; 8-8-2005 by L.L. No. 5-2005]
H. 
Plumbers' Examining Board. The Board of Trustees shall appoint a Plumbers' Examining Board which shall consist of three members, one of whom shall be designated as Chairman. The Board of Trustees may also appoint not more than three alternate members of said Examining Board, who shall sit in the place of absent or recused regular members of the Board in the order of seniority of their appointment. The members and alternate members of said Examining Board shall hold office at the pleasure of the Board of Trustees and shall receive such compensation as the Board of Trustees may fix. Members of said Examining Board shall be master plumbers who shall have had not less than 10 years' practical experience in the plumbing trade. The Plumbers' Examining Board shall meet at the call of the Superintendent of Buildings. Notice of meetings of the Board shall be given to members and alternate members by mailing notice of the time and place of meeting, addressed to each member and alternate member at his or her last known post office address, at least 24 hours before the time of such meeting. Notice of such meetings shall also be given in accordance with the New York State Open Meetings Law.[1] The Plumbers' Examining Board shall make rules and regulations for the conduct of its business as an Examining Board. Said Examining Board shall have the power to examine all applicants for a license, shall determine their fitness for a license under this article and shall recommend to the Superintendent of Buildings that a license be issued to each qualified applicant who passes such examination.
[Amended 5-3-2005 by L.L. No. 3-2005; 8-8-2005 by L.L. No. 5-2005; 9-10-2007 by L.L. No. 5-2007]
[1]
Editor's Note: See Art. 7 of the New York State Public Officers Law.

§ 115-16 Miscellaneous requirements.

A. 
Leaders. All buildings hereafter constructed shall be provided with proper leaders for conducting water from the roofs. In no case shall the water from leaders be allowed to flow upon the sidewalk. The water from the leaders shall be conducted by proper pipe or pipes below the surface to a dry well. In new buildings leaders may be placed inside of wall.
B. 
Street encroachments.
(1) 
General. Except as otherwise provided in this section, no part of a building hereafter erected or altered shall project beyond the property line.
(2) 
Projection permits revocable. Any permission, expressed or implied, to construct part of a structure so as to project beyond the building line, is revocable at will by the Board of Trustees.
(3) 
Structural support. The footings of street walls may project not more than 12 inches, when such projecting parts of footings are not less than seven feet below the curb level.
(4) 
Permissible projections.
(a) 
No door shall be hung so as to project more than 12 inches, when fully open, beyond the street property line.
(b) 
Marquees at entrances to hotels, theaters and moving-picture houses may extend only beyond the property line and across the sidewalk to within four feet of the curbline, provided they are not less than 10 feet above the curb level at all points, except that if such marquee does not project more than five feet from the building, same may be not less than eight feet above the curb level at all points. Marquees shall be constructed of iron and wire glass or other incombustible materials, securely supported from the building and properly drained, and provided further that the plans and specifications thereof are approved by the Superintendent of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005]
(5) 
Areas. Every area existing when this article becomes effective that is open at the top and that projects into any street or public walk shall be covered at the top with an iron or steel grating set flush with the sidewalk.
(6) 
[1]Project prohibited by other law not legalized. Nothing in this article shall be deemed to authorize any projection beyond the property line that is prohibited by any other law or ordinance.
[1]
Editor's Note: Former Subsection B(6), Cellar stairs, cellar doors, was repealed 5-3-2005 by L.L. No. 3-2005. This local law also redesignated former Subsection B(7) as B(6).

§ 115-17 Excavations.

A. 
When excavation exceeds four feet. If such excavation is not intended to be, or shall not be carried to a depth of more than four feet below the curb, the owner of any wall, building or structure, the safety of which may be affected by said excavations, shall preserve and protect the same from injury and support the same by proper foundations; and, when necessary for that purpose, shall be permitted to enter upon the premises where such excavation is to be made. In case such wall, building or structure, however, is so located that the curb to which it is properly referred is at a higher level than the curb to which the excavation is referred, such part of any necessary underpinning or foundation as may be due to the difference in curb levels shall be made and maintained at the joint expense of the person causing the excavation to be made and the owner of such wall, building or structure.
B. 
Superintendent of Buildings may act. If the persons whose duty it shall be under the provisions of this code to properly guard and protect an excavation, or to prevent adjoining earth from caving in or to preserve or protect any wall, building or structure from injury, shall neglect or fail to do so after having had a notice from the Superintendent of Buildings, such official may enter upon the premises and employ such labor, and furnish such materials and take such steps as, in his or her judgment, may be necessary to prevent adjoining earth from caving in, or to make such wall, building or structure safe and secure, or to prevent the same from becoming unsafe and dangerous, at the expense of the person whose duty it is to keep the same safe and secure.
[Amended 5-3-2005 by L.L. No. 3-2005]

§ 115-18 Certificate of occupancy.

A. 
No building hereafter erected shall be used or occupied, in whole or in part, until a certificate of occupancy shall have been issued by the Superintendent of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005]
B. 
No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Superintendent of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005]
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Superintendent of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005]
D. 
The owner or his or her agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, for new construction and/or major alterations involving structural changes, there shall be filed with the Superintendent of Buildings an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work and who, by reason of his or her experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. There shall also be filed an affidavit of final cost, a final survey and a certificate issued by an electrical inspection agency, as defined by § 115-26 of the Rockville Centre Village Code.
[Amended 3-6-1995 by L.L. No. 1-1995; 5-3-2005 by L.L. No. 3-2005]
E. 
In addition to the certification when required by this section as to compliance with approved plans and specifications, and provisions of the law, all certificates of occupancy shall state the purpose for which the building(s) shall be used in the several parts, the maximum permissible live loads on the several floors, the number of persons that may be accommodated in the several stories, in case such number is limited by any provision of all applicable ordinances or the approved specifications, and all stipulations of the permit, if any.

§ 115-19 Inspection prior to issuance of certificate of occupancy; required documents.

[Amended 5-3-2005 by L.L. No. 3-2005; 6-17-2008 by L.L. No. 6-2008]
A. 
Before issuing a certificate of occupancy, the Superintendent of Buildings shall examine, or cause to be examined, all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he or she may conduct such inspections as he or she deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained in the Building Department a record of all such examinations and inspections, together with a record of findings of violation of the law.
B. 
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 Superintendent of Buildings, at the expense of the applicant for the certificate of occupancy, shall be provided to the Superintendent of Buildings prior to the issuance of the certificate of occupancy:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.

§ 115-20 Issuance of certificate of occupancy; contents of certificate.

A. 
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulation, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Superintendent of Buildings shall issue a certificate of occupancy upon the form provided by the Building Department. If it is found that the proposed work has not been properly completed, the Superintendent of Buildings shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
[Amended 5-3-2005 by L.L. No. 3-2005]
B. 
A certificate of occupancy shall be issued, after compliance and within 30 days after application therefor is made.
C. 
The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the provisions of the applicable building and zoning laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
D. 
Contents of certificates of occupancy. A certificate of occupancy shall contain the following information:
[Added 6-17-2008 by L.L. No. 6-2008]
(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 is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy 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 official issuing the certificate of occupancy and the date of issuance.

§ 115-21 Temporary certificate of occupancy.

[Amended 5-3-2005 by L.L. No. 3-2005]
Upon request, the Superintendent of Buildings may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed provided such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good cause and at the discretion of the Superintendent of Buildings, he or she may allow a maximum of two extensions for periods not exceeding three months each.

§ 115-21.1 Revocation or suspension of certificates of occupancy.

[Added 6-17-2008 by L.L. No. 6-2008]
If the Superintendent of Buildings determines that a certificate of occupancy 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 Superintendent of Buildings within such period of time as shall be specified by the Superintendent of Buildings, the Superintendent of Buildings shall revoke or suspend such certificate.

§ 115-21.2 Notification regarding fire or explosion.

[Added 6-17-2008 by L.L. No. 6-2008]
The Chief of any fire department providing fire-fighting services for a property within the Village shall promptly notify the Superintendent of Buildings of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 115-21.3 Operating permits.

[Added 6-17-2008 by L.L. No. 6-2008]
A. 
Operating permits required.
(1) 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(b) 
Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 50 persons or more; and
(e) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees of the Village.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A(1) shall be required to obtain an operating permit prior to commencing such activity or operation.
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 Superintendent of Buildings. Such application shall include such information as the Superintendent of Buildings deems sufficient to permit a determination by the Superintendent of Buildings that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Superintendent of Buildings 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 Superintendent of Buildings, at the expense of the applicant.
C. 
Inspections. The Superintendent of Buildings or an inspector authorized by the Superintendent of Buildings shall inspect the subject premises prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A(1) of this section is to be conducted at a location, the Superintendent of Buildings may require a separate operating permit for each such activity, or the Superintendent of Buildings 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 be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Superintendent of Buildings to be consistent with local conditions. 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 Superintendent of Buildings, payment of the applicable fee, and approval of such application by the Superintendent of Buildings.
F. 
Revocation or suspension of operating permits. If the Superintendent of Buildings 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.
G. 
Fee. The fee specified in or determined in accordance with the provisions of this Code must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 115-21.4 Firesafety and property maintenance inspections.

[Added 6-17-2008 by L.L. No. 6-2008]
A. 
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Superintendent of Buildings or an inspector designated by the Superintendent of Buildings 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 not included in Subsection A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least once every 12 months.
B. 
Inspections permitted. In addition to the inspections required by Subsection A firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Superintendent of Buildings or an inspector designated by the Superintendent of Buildings at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Superintendent of Buildings of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Superintendent of Buildings of any other information, reasonably believed by the Superintendent of Buildings 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 B shall be construed 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.
C. 
OFPC inspections. Nothing in this section or in any other provision of this Code 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.
D. 
The fee specified in or determined in accordance with this Code must be paid prior to or at the time each inspection is performed pursuant to this section. This Subsection D shall not apply to inspections performed by OFPC.

§ 115-22 Tests.

[Amended 5-3-2005 by L.L. No. 3-2005]
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not comply with the requirements of the applicable building laws, ordinances or regulations, the Superintendent of Buildings may require the same to be subjected to tests, at the applicant's expense, in order to furnish proof of such compliance.

§ 115-22.1 Complaints.

[Added 6-17-2008 by L.L. No. 6-2008]
The Superintendent of Buildings 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, the Village Code, or any other local law, ordinance, rule 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 Superintendent of Buildings may deem to be 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 this Code.
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.

§ 115-23 Penalties for offenses.

[Amended 1-22-1990 by L.L. No. 1-1990; 5-3-2005 by L.L. No. 3-2005]
In accordance with § 382 of Article 18 of the Executive Law of the State of New York:
A. 
In addition to and not in limitation of any power otherwise granted by law, every local government and its authorized agents shall have the power to order in writing the remedying of any condition found to exist in, on or about any building in violation of the Uniform Fire Prevention and Building Code and to issue appearance tickets for violations of the Uniform Code.
B. 
Any person, having been served, either personally or by registered or certified mail, with an order to remedy any condition found to exist in, on, or about any building in violation of the Uniform Fire Prevention and Building Code, who shall fail to comply with such order within the time fixed by the regulations promulgated by the Secretary[1] pursuant to Subdivision 1 of § 381 of this article,[2] such time period to be stated in the order, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction of any building who shall knowingly violate any of the applicable provisions of the Uniform Code or any lawful order of a local government, a county or the Secretary made thereunder regarding standards for construction, maintenance, or fire protection equipment and systems, shall be punishable by a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both.
[1]
Editor's Note: Section 372(15) of the Executive Law defines the “Secretary” as New York State's Secretary of State.
[2]
Editor's Note: The phrase “this article” refers to Article 18 of the Executive Law.
C. 
Where the construction or use of a building is in violation of any provision of the Uniform Code or any lawful order obtained thereunder, a Justice of the Supreme Court at a special term in the judicial district in which the building is located may order the removal of the building or an abatement of the condition in violation of such provisions. An application for such relief may be made by the Secretary,[3]an appropriate municipal officer, or any other person aggrieved by the violation.
[3]
Editor's Note: Section 372(15) of the Executive Law defines the “Secretary” as New York State's Secretary of State.

§ 115-24 Abatement of violations.

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts or conduct a business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.

§ 115-25 Failure of enforcement officer does not legalize nonconforming practice.

[Amended 5-3-2005 by L.L. No. 3-2005]
No oversight or dereliction of duty on the part of the Superintendent of Buildings or on the part of any employee of the Building Department shall legalize the erection, construction, alteration, removal of, use or occupancy of a building or structure that does not conform to the applicable building or plumbing laws, ordinances or regulations or that does not conform with the provisions of an application, plans or specifications on the basis of which a building permit or plumbing permit was issued or that does not conform to the applicable provisions of the Rockville Centre Code.

§ 115-25.1 Recordkeeping.

[Added 6-17-2008 by L.L. No. 6-2008]
A. 
The Superintendent of Buildings 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, 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;
(8) 
All other features and activities specified in or contemplated by this chapter; and
(9) 
All fees charged and collected.
B. 
All such records shall be subject to the Freedom of Information Law,[1] and to the extent required by such law shall be 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 required by state law and regulation.
[1]
Editor's Note: See Public Officers Law § 84 et seq.

§ 115-25.2 Program review and reporting.

[Added 6-17-2008 by Ord. No. 6-2008]
A. 
The Superintendent of Buildings shall annually submit to the Board of Trustees of the Village a written report and summary of all business conducted by the Superintendent of Buildings and the inspectors, including a report and summary of all transactions and activities described in § 115-25.1 and a report and summary of all appeals or litigation pending or concluded.
B. 
The Superintendent of Buildings shall annually submit to the Secretary of State, on behalf of the Village, on a form prescribed by the Secretary of State, a report of the activities of the Village relative to administration and enforcement of the Uniform Code.
C. 
The Superintendent of Buildings 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 the Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village in connection with administration and enforcement of the Uniform Code.

§ 115-26 Electrical installations and inspections.

[Amended 3-6-1995 by L.L. No. 2-1995; 5-3-2005 by L.L. No. 3-2005; 4-26-2011 by L.L. No. 8-2011[1]]
A. 
All electrical installations must comply in all respects with the applicable provisions of the New York State Uniform Building and Fire Prevention Code and the rules and regulations of the Village Municipal Electric Utility as amended at the date of installation. All work must be filed with and approved by an electrical inspection agency approved by the Village of Rockville Centre.
B. 
Inspections.
(1) 
Inspection of electrical work shall only be performed by an electrical inspector approved by the Village Board of Trustees.
(2) 
Insurance.
(a) 
Inspection of electrical work shall only be performed by an approved electrical inspector which carries public liability insurance. Such insurance shall:
[1] 
Name the Village of Rockville Centre as an additional insured.
[2] 
Be in an amount not less than $10,000,000 for all damages arising out of bodily injury to one person.
[3] 
Be in an amount not less than $10,000,000 for all damages arising out of bodily injury in any one accident nor less than $10,000,000 for property damage.
[4] 
Remain in full force and effect throughout the period such inspector is approved to perform electrical inspections in the Village of Rockville Centre.
(b) 
Said insurance shall provide that no cancellation or material modification of such policy shall be effective unless at least 15 days' prior notice thereof is given by registered or certified mail to the Superintendent of Buildings of the Village of Rockville Centre.
(3) 
No electrical inspector shall perform any electrical inspections in the Village of Rockville Centre unless a valid and current certificate of insurance is on file with the Superintendent of Buildings of the Village of Rockville Centre.
C. 
No person, while acting as an electrical inspector, shall inspect any electrical work which he or she has performed in his or her capacity as a licensed master electrician, or which was performed under such person's supervision or behalf. No electrical inspector shall perform any electrical inspection of any installation or premises or electrical work with which such electrical inspector or any principal or employee of such inspector, has any direct or indirect affiliation.
D. 
The Village Board of Trustees may, by resolution, designate one or more qualified persons or entities to act as an electrical inspector for the Village of Rockville Centre. Any person or entity so designated shall be required, upon request of the Village Building Department or Electric Department to perform in any one official year not more than two inspections without charge to the Village.
[1]
Editor’s Note: This local law also provided that it take effect upon adoption and filing, except that Subsection D not take effect until 7-1-2011.

§ 115-27 Repair of damaged buildings.

[Amended 5-3-2005 by L.L. No. 3-2005]
A. 
When prohibited. Within the fire limits, any existing frame, wood or other combustible structure which, in the judgment of the Superintendent of Buildings, may be damaged from any cause whatsoever to an amount greater than 1/2 of its value, exclusive of foundations, shall not be repaired or rebuilt, but shall be taken down, except that if said frame building shall have been occupied exclusively as a one-family residence when said building is damaged by fire, or otherwise mentioned above, the amount of permissible damage shall be increased to 75%.
B. 
In case the owner or owners of the structure which may be damaged or in need of repairs shall be dissatisfied with the decision of the Superintendent of Buildings as to the extent of such damage or need of repairs, then the amount or extent of such damage or required repairs shall be determined by competent engineers, architects or builders of at least 10 years' experience, one appointed by the Superintendent of Buildings, one by the owner or owners of the structure and, in case these two do not agree, one selected by them jointly. The report of these shall be reduced to writing and, when signed by any two of them, shall be conclusive. No building the subject of survey shall be in any manner repaired, altered or rebuilt until after the decision of the surveyors shall have been rendered. The expense of the expert appointed by the owner shall be paid by him, the expense of the expert appointed by the Building Official shall be paid by the Village, and the expense of the third expert shall be paid in equal parts by the owner and the Village.

§ 115-28 Fire limits.

[Amended 11-21-1977 by L.L. No. 7-1977]
Fire Limit A is hereby established to include all districts other than Residential A District; provided, however, that one- or two-family residences in Residential B or C Districts shall be considered to be excluded from Fire Limit A.

§ 115-29 Elevators.

[Amended 12-4-1972; 11-21-1977 by L.L. No. 8-1977]
A. 
It shall be the duty of the owner of the building to place a mirror or mirrors in the rear of elevators so as to make the interior thereof visible to a person prior to entering such elevator, such mirror to be of a design and size prescribed by the Superintendent of Buildings so as to ensure proper safety; and to supply the Building Department with a certificate of inspection from an acceptable elevator company or insurance company. The required inspection and testing shall be made at intervals as follows:
(1) 
Six months for power passenger elevators.
(2) 
Six months for escalators and power freight elevators.
(3) 
Twelve months for hand elevators, self-powered and dumbwaiters.
B. 
The certificate shall indicate that the elevator, escalator and/or dumbwaiter is in proper working order and complies with the regulations of the Uniform Code and generally accepted standards.
[Amended 5-3-2005 by L.L. No. 3-2005]
C. 
If the owner fails to supply the certificates, as required, the Building Department shall have said elevator or escalator inspected. The fee for such inspection shall be at the levels fixed from time to time by resolution of the Board of Trustees of the Village of Rockville Centre. Such fee shall be paid by the owner of the building.
D. 
Any person who knowingly and willfully violates any of the provisions of this section or violates or fails to comply with any order or requirements of an inspector, or other official charged with the duty of inspecting elevators, shall be guilty of a violation punishable to the maximum extent provided by law but not to exceed $500 or imprisonment for not more than 15 days.

§ 115-30 Fees.

[Amended 12-4-1972]
A. 
All fees prescribed in this section shall be collected by the Superintendent of Buildings, and no permits shall be issued by the Superintendent of Buildings until such fees have been paid. The Superintendent of Buildings is authorized to fix by regulation a schedule of square feet and/or cubic feet for buildings or structures of varying types of construction and classes of occupancy to serve as the basis for determining estimated costs. The estimated cost, which shall be the amount of money that would ordinarily be expended for good safe construction in the erection of the complete building or structure exclusive of interior decoration of the structure, shall be determined by the Superintendent of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005]
B. 
The fee for any permit, license or certificate of occupancy or the installation or alteration of furnaces or heat-producing appliances, elevators, standpipe systems, sprinkler systems, refrigerator systems or central air-conditioning connections, oil burners or tanks, gasoline tanks or the renewal of licenses as required by the provisions of this article shall be at the levels fixed from time to time by resolution of the Board of Trustees of the Village of Rockville Centre.
C. 
Every license shall expire on the 31st day of December of the year in which it is issued but may be renewed without examination for each succeeding year upon payment, on or before January 31st of such succeeding year, of such fee as may be fixed from time to time by resolution of the Board of Trustees of the Incorporated Village of Rockville Centre.

§ 115-31 Interpretation.

The powers enumerated in this article shall be interpreted liberally to effectuate the purposes thereof and shall not be construed as limitations of powers.
[Adopted 11-19-1979 by L.L. No. 10-1979]

§ 115-32 Definitions.

The following definitions shall apply throughout this article:
EMERGENCY LIGHTING
An independent lighting system other than that of the principal lighting system, powered by a source of electricity independent of such principal lighting system, which is capable of providing an amount of illumination for exits, aisles, halls, passageways, corridors, stairways or other areas so as to provide a light intensity of at least 0.5 footcandle power at the floor or ground level for a period of not less than 30 minutes, and which shall operate automatically and independently in the event of failure of the electrical current in the principal lighting system.
EMERGENCY POWER
An independent power system other than that supplied by the principal electrical system, which will generate a sufficient quantity of electricity to operate all electrically powered machines, equipment, instruments, devices or contrivances as required in this article.
MULTIPLE DWELLING
Any building providing three or more apartment units to rent.
ROOMING HOUSE
Any building providing rooms for rent properly licensed pursuant to the provisions of Chapter 225 of the Code of the Village of Rockville Centre.

§ 115-33 Emergency lighting required; location.

A. 
No building herein defined shall be occupied unless and until an emergency lighting system shall be installed and maintained in accordance with the provisions of this article.
B. 
Emergency lighting. Emergency lighting systems shall be provided as follows:
(1) 
Rooming houses and boardinghouses: to illuminate all exit halls, corridors and stairways.
(2) 
Multiple dwellings: In all buildings providing three apartment units or more, there shall be provided an emergency lighting system for all exits, aisles leading directly to exits, stairways, stair enclosures, elevators and all halls, passageways and corridors exceeding 100 feet in length.

§ 115-34 Approved power sources.

Emergency lighting systems will be connected directly to rechargeable-type storage batteries that are certified capable of achieving the desired result. All installations and sources of emergency power will be subject to the direct approval of the Superintendent of the Department of Buildings.

§ 115-35 Conditions for approval; inspections.

A. 
It shall be the responsibility of each owner, agent or lessee of any building requiring emergency lighting and/or power as required by this article to submit a plan of such system to the Building Department for approval prior to installation, showing the number of units, size, location, life and replacement span of the power source as recommended by the manufacturer and any other pertinent or requested information applicable thereto.
B. 
Emergency lighting and power sources shall be capable of sustaining such lighting and/or power for a minimum period of 30 minutes or for such longer periods of time as required by the Superintendent of Buildings, due to the presence of special or unusual conditions.
C. 
Transfer to the required emergency lighting and/or power source shall be made within 15 seconds upon failure of the principal system.
D. 
All exit lights and exit directional signs shall be connected to or supplied with emergency lighting.
E. 
All emergency lighting and power equipment systems shall be designed to incorporate testing devices which are easily accessible to authorized representatives of the Village of Rockville Centre.
F. 
All emergency lighting and/or power systems shall be maintained in an operative condition at all times while the building, as defined in this article, is occupied.
G. 
It shall be the duty of the inspecting officer of the Building Department to inspect the installation upon completion to ascertain whether the system has been installed in conformity with the approved plans prior to approval and acceptance by the Building Department, and at such other times to determine whether or not such system is being maintained in an operative condition.

§ 115-36 Higher standards to prevail; repealer.

In any case where a provision of this article is found to be in conflict with the provisions of any building, fire, safety or health law, ordinance, law or code of this Village of Rockville Centre existing on the effective date of this article, the provision which establishes the higher standard for the promotion and protection of the health, safety and welfare of the people shall prevail. In any case where a provision of this article is found to be in conflict with the provision of any other law, ordinance or code of this Village of Rockville Centre existing on the effective date of this article which establishes a lower standard for the promotion and protection of the health, safety and welfare of the people, the provision of this article shall be deemed to prevail, and such other laws, ordinances or codes are hereby declared to be repealed to the extent that they may be in conflict with this article.

§ 115-37 Date for compliance.

The owner or owners of any multiple dwelling or rooming house as defined in § 115-32 of this article shall comply with the provisions of this article on or before April 1, 1980; provided, however, that the time for compliance may be extended by the Village Clerk-Treasurer if there is an application made by such owner or owners to the Village Clerk-Treasurer. Such application must be filed no later than February 15, 1980, and must contain a sworn statement by the applicant that the applicant has contracted for the installation of the emergency lighting required by this article but that the installation has not been either begun or completed, and will show the date of the completion.

§ 115-38 Penalties for offenses.

A. 
For any and every offense against the provisions of this article, the owner, general agent or contractor of a building or premises where such offense shall have been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in the commission of any such offense or who maintains a building or premises in which any offense shall exist, is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
B. 
In the event that such offense shall continue for a period in excess of one week, each additional week or part of a week shall constitute a separate violation.