[HISTORY: Adopted by the Board of Trustees of the Village of Greenport at time of adoption of Code 5-16-1996 by L.L. No. 3-1996 (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 37.
Unsafe buildings — See Ch. 53.
Floodplain development — See Ch. 68.
Rental properties — See Ch. 103.
Subdivision and merger of land — See Ch. 118.
Wetlands, floodplains and drainage — See Ch. 142.
Zoning — See Ch. 150.
[Pursuant to Article 18 of the New York State Executive Law, the New York State Uniform Fire Prevention and Building Code (Uniform Code), as updated, including the International Codes and the New York Supplement, will be the controlling provisions in the Village of Greenport.[1]]
[1]
Editor's Note: This statement was amended 8-24-2017 by L.L. No. 4-2017 to clarify its language.
For the purpose of promoting the general welfare of the Village of Greenport, the Village Board does hereby enact this Article to regulate the use and occupation of property within the Village of Greenport in accordance with the powers and authority granted it under the New York Village Law. This Article contains provisions for building permits, certificates of occupancy and inspections.
In order for a better understanding of these matters, the following is a summary of relevant information:
A. 
Building permits.
(1) 
A building permit is used by the Village of Greenport to determine whether proposed construction complies with relevant zoning laws[1] and building codes. A permit is required prior to the commencement of construction in order to establish the mechanism whereby the village receives notice that construction is contemplated for a certain piece of property. Such notice is of benefit not only to the village but also to other interested members of the community.
[1]
Editor's Note: See Ch. 150, Zoning.
(2) 
The application for a building permit requires information sufficient to enable the local officials issuing the permit to make the determination that the proposed work will be in conformance with the requirements of Chapter 150, Zoning. Adoption of the permit system provides officials with an opportunity to review all proposed work for code compliance prior to the commencement of construction activity.
(3) 
Exceptions to the requirements for a building permit are the following;
(a) 
Necessary repairs which do not materially affect structural features.
(b) 
Replacement of windows and doors.
(c) 
Alterations to existing buildings, provided that they:
[1] 
Do not materially affect structural features.
[2] 
Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits.
[3] 
Do not involve the installation or extension of electrical systems.
[4] 
Do not include the installation of solid-fuel-burning heating appliances and associated chimneys or flues.
(4) 
Although exceptions to the requirements for a building permit are permitted for the three (3) types of construction listed above, such work still must comply with any applicable provisions of the New York Uniform Fire Prevention and Building Code. Furthermore, it is within the power of local officials to inspect such construction to determine whether such construction conforms to the New York Uniform Fire Prevention and Building Code despite the fact that the minimum standards allow exceptions.
(5) 
Fees are charged by the village as part of the application process for a building permit. These fees provide income to offset, at least in part, the costs incurred in enforcing the code. The amount of fees charged are established within the legislation.
(6) 
The village requires a permit fee to be paid at the time that the application is filed. The fee charged is designed to cover the whole construction process. The initial fee is based on an estimated cost of construction, and if the actual construction costs are greater, the fee is adjusted to reflect the actual costs before issuing a certificate of occupancy.
B. 
Certificate of occupancy. The certificate of occupancy is a device used to restrict the use of a building or structure to a specific type of use or occupancy. This Article prohibits the use of new buildings or new additions to existing buildings until a certificate of occupancy has been issued. By issuing a certificate of occupancy, the village acknowledges that construction has been completed and that no material violations of applicable code provisions have been observed during the course of construction.
C. 
Inspections.
(1) 
The Village of Greenport has an ongoing comprehensive program of inspections essential to successful enforcement. Such inspections include the following;
(a) 
When a building permit has been issued, inspections are conducted during the course of construction for the purpose of observing the compliance of construction with the code.
(b) 
Prior to the issuance of a certificate of occupancy.
(c) 
Periodic general inspection by code enforcement officers.
(d) 
In response to bona fide complaints regarding conditions or activities allegedly failing to comply with the code.
(2) 
Through such inspections and procedures, compliance with the code is enforced benefiting all property owners within the village.
A. 
It shall be the duty of the Building Inspector, who shall be appointed by the Village Board, to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto.
B. 
The Building Inspector and his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of their duties, provided that:
(1) 
The Building Inspector shall notify the owner and tenant before conducting any inspection.
(2) 
The Building Inspector or his duly authorized assistant(s) shall display identification, signed by the Village Clerk, upon commencing an inspection.
(3) 
Inspections shall be commenced in the presence of the owner or his representative or the tenant.
C. 
The Building Inspector shall maintain files, open to the public, of all applications for certificates of occupancy and building permits along with plans submitted therewith, as well as final certificates and permits.
D. 
The Building Inspector shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter, as well as action taken as a result of such complaints.
E. 
The Building Inspector shall submit to the Board of Trustees, for insertion in the Board minutes, a written report summarizing for each month all building permits and certificates of occupancy issued by him, as well as complaints of violations and action taken as a result of such complaints.
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.
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 an 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, or the owner's agent or the person performing the work, to suspend all work, and any such person 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.
A. 
No use or occupancy of land shall be hereafter established, and no building hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Building Inspector in accordance with the provisions of the State Uniform Fire Prevention and Building Code. The certificate of occupancy specified in this section shall not be issued until approval has been granted, in writing, by the Suffolk County Department of Health.
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 thirty (30) days after completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.
C. 
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, the Building Inspector shall issue a certificate of occupancy upon the form provided by him.
[Amended 8-15-1996 by L.L. No. 4-1996; 6-17-2004 by L.L. No. 2-2004; 1-18-2007 by L.L. No. 1-2007; 3-22-2010 by L.L. No. 1-2011; 12-22-2014 by L.L. No. 2-2015; 2-27-2025 by L.L. No. 2-2025]
The fee to file an application for a building, construction, demolition or sign permit, certificate application or any other Building Department application shall be in an amount as determined from time to time by resolution of the Board of Trustees. No application shall be deemed filed and no permit shall be issued until required fees have been paid and all other pertinent requirements have been met.
[Added 5-24-2018 by L.L. No. 3-2018]
Each retail and commercial space, and each premises with a space used for public assembly, shall be inspected by the Greenport Village Fire Marshal for compliance with the New York State Uniform Fire Prevention and Building Code and Greenport Village Code at least once per calendar year in addition to any other inspection provided by law or hereunder. The Board of Trustees may set by resolution a form and application and a fee for this inspection.
[Added 5-24-2018 by L.L. No. 3-2018]
A. 
In addition to any other inspection provided hereunder or by law, each retail and commercial space, and each premises with a space used for public assembly, shall be inspected by the Greenport Village Fire Marshal for compliance with the New York State Uniform Fire Prevention and Building Code and Greenport Village Code prior to any change in use, occupancy or tenancy and as follows;
(1) 
In the event that the change of use, occupancy or tenancy creates, changes, or continues a conditional use, or requires a building or other permit under the New York State Uniform Fire Prevention and Building Code or Greenport Village Code, then the Fire Marshal shall refer the application to the Building Inspector and the Planning Board pursuant to § 150-29 of the Greenport Village Code for conditional uses and § 150-30 for all uses, and an application for a review by the Planning Board shall be required; and
(2) 
In the event that the change of use, occupancy or tenancy does not create, change, or continue a conditional use and does not require a building or other permit under the New York State Uniform Fire Prevention and Building Code or the Greenport Village Code, then the Fire Marshal shall approve the use on a form to be created by the Village and refer that approval to the Village Building Department.
(3) 
Change in occupancy or use shall include any change in configuration of a premises, and any change or alteration in the primary use or addition or removal of a secondary or accessory use.
B. 
In the event that the inspection to be performed by the Fire Marshal shall be of a premises which includes a place of public assembly or a premises or use where an RPZ valve is required, then the Fire Marshall inspection shall include an inspection of the certification of the sprinkler system or the system, and the determination of the existence or operation of an RPZ valve.
[Added 5-24-2018 by L.L. No. 3-2018]
The failure to obtain or to permit the inspection required by this chapter or for the owner or tenant of a premises to open or operate a business without the required inspection or approval shall be punishable by a fine in the amount of $250. Each and every day that the violation shall exist shall be a separate violation punishable as a separate offense of this chapter with a separate fine.