Village of Bayville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 4-13-1964. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction regulations — See Ch. 12.
Plumbing and plumbing permits — See Ch. 52.
Individual sewage disposal systems — See Ch. 61.
Subdivision of land — See Ch. 66.
Water — See Ch. 77.
Zoning — See Ch. 80.

§ 13-1 Appointment of Building Inspector.

[Amended 1-13-1975 by L.L. No. 1-1975]
There is hereby designated in the Village of Bayville a public official to be known as the Building Inspector, who shall be appointed by the Village Board at a compensation to be fixed by it.

§ 13-2 Appointment of Acting Building Inspector.

[Amended 1-13-1975 by L.L. No. 1-1975]
In the absence of the Building Inspector, or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Village Board, to designate a person to act on behalf of the Building Inspector and to exercise all of the powers conferred upon him by this chapter.

§ 13-3 Powers and duties.

A. 
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall 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.
[Amended 1-13-1975 by L.L. No. 1-1975]
B. 
He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.
C. 
He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
D. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.

§ 13-4 Issuance of summonses.

[Added 1-13-1975 by L.L. No. 1-1975; amended 9-24-1979 by L.L. No. 1-1979; 10-25-1987 by L.L. No. 7-1987]
For the purposes of this chapter, the Board of Trustees hereby authorizes the Building Inspector, or the Village Engineer of the Incorporated Village of Bayville or any person, organization or firm appointed or retained by the Village Board to perform the functions or responsibilities of said Building Inspector, and the employees of such organization or firm acting within the scope of their employment in furtherance of such functions or responsibilities, to issue summonses for illegal violations of this chapter. The Board of Trustees hereby authorizes the Village Superintendent of Water or his designated deputy to issue summonses for violations of this chapter and Chapter 77 herein, as the same refers to noncompliance or violations of water use, water rates and water supply only.

§ 13-5 Records and reports.

[Amended 1-13-1975 by L.L. No. 1-1975]
A. 
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.
B. 
The Building Inspector shall submit monthly to the Village Board a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigations pending.

§ 13-6 Cooperation of other departments.

[Amended 1-13-1975 by L.L. No. 1-1975]
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 13-7 Application for building permit.

[Amended 1-13-1975 by L.L. No. 1-1975]
A. 
No person, firm or corporation 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 Building Inspector 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. The Board of Trustees may in its discretion impose any condition it deems reasonable with respect to the issuance of any building permit or separate building permit.
[Amended 3-28-1977 by L.L. No. 5-1977]
B. 
Application for a building permit shall be made to the Building Inspector on forms provided by him 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 of the building or structure.
(3) 
The valuation of the proposed work.
(4) 
The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations.
(5) 
A brief description of the nature of the proposed work.
(6) 
A duplicate set of plans and specifications as set forth in Subsection D of this section.
(7) 
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
C. 
Application 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. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
D. 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, 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, widths of adjoining streets, walks and alleys, and, where required by the Building Inspector, the relationship of structures on adjoining property, grades of adjoining streets, details of structural, mechanical and electrical work, including computations, street diagrams and other essential technical data. Each plan shall state the habitable floor area and each plot plan shall give its area in terms of acreage. Plans and specifications shall bear the signature of the registered architect or licensed professional engineer responsible for the design and drawings for buildings costing over $10,000.
E. 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the approval of the Building Inspector.
F. 
No permit for the demolition of any building or structure within the Village shall be issued until security in the form of cash, certified check or a performance bond is filed with the Village Clerk. The security shall ensure the removal of rubble and debris, ensure that the premises will be returned to a suitable condition after completion of demolition and ensure that any conditions set by the Board of Trustees pursuant to § 13-7A of this chapter shall be complied with.
[Added 3-28-1977 by L.L. No. 5-1977]
G. 
Letter of availability of water required; installation of double-check valve.
[Added 10-25-1987 by L.L. No. 7-1987]
(1) 
No building permits or approval for erection of a new building or approval of any addition or alteration to an existing building or any substantial change in use in a commercial building or for installation or expansion of a swimming pool, hot tub or Jacuzzi shall be issued without a letter of availability of water supply being first issued by the Village Superintendent of Water, who shall examine all such applications, including the plans and specifications submitted herewith, and decide whether or not to issue such a letter of availability of water supply.
[Amended 7-24-2000]
(2) 
No building permits or approval for installation of a lawn sprinkler system shall be issued without a letter of availability of water supply being first issued by the Village Superintendent of Water, who shall examine all applications for such lawn sprinkler system, including the plans and specifications submitted therewith, and make a decision as to whether or not to issue such a letter of availability of water supply. Each application for a lawn sprinkler system shall contain a lot plan showing types of soil, plants, lawn, grass, clock, heads, zone and gallons of water per minute to be used. The applicant or sprinkler system installation contractor shall complete General Form 236, or other appropriate form requested by the county or New York State authorities.
[Amended 7-24-2000]
(3) 
The sprinkler system installation contractor shall supply and install a double-check valve as required by the Village Superintendent of Water, so as to protect the public water system. The Superintendent of Water shall decide if a licensed plumber is required for such work.

§ 13-8 Issuance of building permit.

[Amended 1-13-1975 by L.L. No. 1-1975]
A. 
The Building Inspector 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.
[Amended 9-24-1979 by L.L. No. 11-1979]
B. 
Upon approval of the application and upon receipt of the legal fees therefor, the building permit shall be issued to the applicant in the form prescribed by the Village, with the signature of the Building Inspector affixed thereto.
[Amended 9-24-1979 by L.L. No. 11-1979]
C. 
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 Building Inspector 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 Building Inspector or his authorized representative at all reasonable times.
D. 
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

§ 13-9 Performance of work under permit.

A. 
A building permit shall be effective to authorize the commencing of the work in accordance with the application, plans and specifications on which it is based for a period of 12 months after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each.
[Amended 1-13-1975 by L.L. No. 1-1975]
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. 
A permit under which no work is started within three months shall expire by limitation.

§ 13-10 Fees.

[Amended 1-13-1975 by L.L. No. 1-1975; 2-25-1985 by L.L. No. 3-1985]
A. 
At the time of application for a building permit, the following applicable fees shall be paid to the Village:
(1) 
Building permit fees.
(2) 
Plumbing permit fees.[1]
[1]
Editor's Note: See Ch. 52, Plumbing, Art. II, for specific provisions.
(3) 
Tree and soil removal permit fees.[2]
[2]
Editor's Note: See Ch. 72, Trees, for specific provisions.
(4) 
Street excavation permit fees.[3]
[3]
Editor's Note: See Ch. 64, Streets and Sidewalks, Art. I, for specific provisions.
(5) 
Certificate of occupancy fee.
(6) 
Demolition permit fee.
(7) 
Application fee for letter of availability from Superintendent of Water.
[Added 10-25-1987 by L.L. No. 7-1987]
(8) 
Application fee for fire sprinkler system.
[Added 10-25-1987 by L.L. No. 7-1987]
(9) 
Application fee for lawn sprinkler system.
[Added 10-25-1987 by L.L. No. 7-1987]
B. 
Building permit and certificate of occupancy fees.
(1) 
The fee for a building permit or certificate of occupancy shall be determined according to the following schedule. Said schedule may be revised as determined from time to time by resolution of the Board of Trustees to be necessary.
[Amended 7-24-2000; 8-28-2000 by L.L. No. 2-2000; 12-8-2003 by Res. No. 2003-123]
Value of Work
Fee
Up to $1,000.
$50.00
  Each additional $1,000 or fraction thereof
$10.00
  Certificate of occupancy
  For first $1,000
$35.00
  Each additional $1,000 or fraction thereof
  $5.00
  For change of use (business)
$10.00
Certificate of completion on alterations where certificate of occupancy does not apply
  Up to $10,000
$25.00
  Each additional $1,000 or fraction thereof
  $5.00
Inspection for new certificate of occupancy
$150.00
Duplicate copies of certificate of occupancy, each
$25.00
Cesspools and/or septic systems (sanitary system),[4] each
$50.00
Plumbing or drainage permit
  For first 5 fixtures
$50.00
  For each additional fixture
$10.00
Gas piping and/or new gas installation with mercury test required
$50.00
Fire sprinkler permit
  For first 100 heads
$75.00
  For each additional 20 heads
$10.00
Gasoline storage tank permit
  For first 1,000 gallons
$75.00
  For each additional 1,000 gallons or fraction thereof
$10.00
  Oil burner installation permit, each
$30.00
Oil tank installation permit, each
$25.00
Gas burner heating unit permit
$30.00
Street opening permit
$25.00
Curb cut permit, per linear foot
  $5.00
Demolition permit ($2,500 bond or certified check required)
$100.00
Application to the Superintendent of Water for fire sprinkler system, lawn sprinkler system, swimming pool, hot tub, Jacuzzi, heat pump and solar energy system and change of commercial use and tap into main waterline
As provided herein
  Lawn sprinkler system application
    For first 100 heads
$50.00
    For each additional 20 heads
$10.00
  Swimming pool
$30.00
    Inground pool
$150.00 + additional extras
    Aboveground pool
      First $1,000
$50.00 + additional extras
      Each additional $1,000 or fraction thereof
$10.00
  Heat pump (from well)
$30.00
  Solar energy system
$30.00
Dry wells
$35.00
Fence
$20.00
Fireplaces
$50.00
Fees for applicant to change the nature of use for commercial buildings, to be paid to Water Department
  Filing fee
$ 15.00
  Inspection fee
  $10.00
Fees for applicant to tap into main waterline, to be paid to Water Department
  Labor costs
$100.00
  Fee
20% over cost of parts, as determined by the Superintendent of Water
Mother/Daughter special use permit
$300.00
  Annual renewal
$50.00
[4]
Editor's Note: Standards for the installation of such facilities are established by the Nassau County Health Department, as adopted by resolution of the Board of Trustees 8-14-1972.
(2) 
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. All permits shall expire in one year, and the renewal fee is $50.
(3) 
Failure to file for a permit before work is begun will cause the permit fee to be doubled.
C. 
For the purpose of Subsection B herein, and without any effect on the valuation of property for real property tax purposes, work shall be valued on the basis of the gross square footage of the proposed building or structure, as determined from time to time by resolution of the Board of Trustees, according to the use to which the building or structure shall be put. Such valuation shall be expressed in a form similar to the following:
Type of Use
Cost of Work
(per square foot)
One-story, one-family residential dwelling
Two-story, one-family residential dwelling
  First story
  Second story
Office buildings, shopping centers, professional buildings and all other commercial uses
NOTE: Valuation is to be determined by use of: Mean square foot cost minus the Dodge book or other national recognized construction cost indicator, with a minimum of $50.

§ 13-11 Revocation of permit.

[Amended 1-13-1975 by L.L. No. 1-1975]
The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he 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 finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
C. 
Where he 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 Building Inspector.

§ 13-12 Stop-work orders.

[Amended 1-13-1975 by L.L. No. 1-1975]
A. 
Whenever the Building Inspector 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 the application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, 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 conditions under which the work may be resumed and may be served upon a 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 and sending a copy of the same by registered mail.
B. 
Whenever the Superintendent of Water or his deputy has reasonable grounds to believe that work on any building or structure or water supply structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or the water department rules under Chapter 77 herein or not in conformity with the provisions of the application, plans or specifications or letter of availability of water supply or the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property, 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 or water supply activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a 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 water supply structures and sending a copy of the same to such person by certified mail, all as the same refers to noncompliance or violations of water use, water rates and water supply.
[Added 10-25-1987 by L.L. No. 7-1987]

§ 13-13 Right of entry.

Any building official, upon showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 13-14 Certificate of occupancy.

[Amended 1-13-1975 by L.L. No. 1-1975]
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 Village.
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 Village.
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 Village. The requirements of this subsection shall apply to all zoning districts, including the Business District, and shall apply wherever the use of buildings in the Business District is changed, irrespective of the fact that the use or type of occupancy of the building is a permitted use in said district.
[Amended 1-22-1979 by L.L. No. 4-1979]
D. 
The owner or his agent shall make application for a certificate of occupancy. The application is to be accompanied by a certificate of the New York Board of Fire Underwriters and a final survey showing the building location, location of sanitary facilities, distances to the nearest boundary and the area of the plot.

§ 13-15 Inspections prior to issuance of certificate.

[Amended 1-13-1975 by L.L. No. 1-1975]
Before issuing a certificate of occupancy, the Building Inspector 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 may conduct such inspections as he 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 violations of the law.

§ 13-16 Issuance 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 regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, a certificate of occupancy shall be issued on forms prescribed by the Village. If it is found that the proposed work has not been properly completed, the certificate of occupancy shall not be issued and the work shall be ordered to be completed in conformity with the building permit and in conformity with the applicable building regulations.
[Amended 1-13-1975 by L.L. No. 1-1975]
B. 
Certificates of occupancy shall be approved by and issued over the signature of the Building Inspector.
[Amended 1-13-1975 by L.L. No. 1-1975; 9-24-1979 by L.L. No. 11-1979]
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 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.

§ 13-17 Temporary certificate.

[Amended 1-13-1975 by L.L. No. 1-1975]
Upon request, a temporary certificate of occupancy may be issued 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.

§ 13-18 Tests for compliance.

[Amended 1-13-1975 by L.L. No. 1-1975]
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 13-19 Penalties for offenses.

A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Building Inspector or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
[Amended 1-13-1975 by L.L. No. 1-1975]
B. 
Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this chapter, or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder, shall be punishable by a fine of not more than $500 or 30 days in jail, or both. Each day that a violation continues shall be deemed a separate offense.
[Amended 1-13-1975 by L.L. No. 1-1975]
C. 
Except as provided otherwise by law, such violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.
D. 
This section shall not apply to violations of the provisions of the State Building Construction Code punishable under § 385 of the Executive Law of the State of New York, nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.

§ 13-20 Abatement of violations; payment of costs.

A. 
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, conduct or business in or about any premises. These remedies shall be in addition to the penalties prescribed in the preceding section.
B. 
All orders issued by the Building Inspector shall have the prior approval of the Board of Trustees. Court costs for any proceedings resulting from the enforcement of this chapter shall be paid by the violator.
[Added 1-13-1975 by L.L. No. 1-1975]

§ 13-21 Fire limits.

The fire limits of the Incorporated Village of Bayville, as established and amended from time to time by the Board of Trustees of the Village, shall bound the more congested business area within a fire district where a fire hazard is deemed to exist. Such fire limits shall be designated as stated in the New York State Building Construction Code.[1]
[1]
Editor's Note: See Ch. 12, Building Construction.

§ 13-22 Matters not covered in code.

[Amended 1-13-1975 by L.L. No. 1-1975]
All matters and questions relating to building or building operations necessary for the safety and public welfare but not covered or provided for in this chapter shall be decided by the Building Inspector according to the best trade practices or recognized standards of competent authorities having jurisdiction or specializing in the same, and the decision shall be binding as if contained in this chapter.