Village of Kings Point, NY Chapter 84 Fire Prevention and Building Construction

[HISTORY: Adopted by the Board of Trustees of the Village of Kings Port 2-8-1983 by L.L. No. 1-1983;[1] amended in its entirety 7-30-2007 by L.L. No. 4-2007. Amendments noted where applicable.]

GENERAL REFERENCES

Appearance tickets — See Ch. 3.

Alarm systems — See Ch. 45.

Unsafe buildings — See Ch. 63.

Land development — See Ch. 100.

Property maintenance — See Ch. 117.

Subdivision of land — See Ch. 137.

Swimming pools — See Ch. 140.

Zoning — See Ch. 161.

[1] Editor's Note: This local law comprised former Art. I, General Provisions. Former Art. II, Duties of Building Inspector and Deputy, adopted 10-11-1988 by L.L. No. 4-1988, was repealed 9-13-1989 by L.L. No. 16-1989.

§ 84-1 Definitions.

When used in this chapter, the following terms shall have the meanings indicated:

ALTERATION

As applied to a building or structure, the change or rearrangement of the structural parts, the exit facilities, or any enlargement, whether by extending on any side or by increasing in height, or the moving from one location to another. It does not include ordinary repairs or maintenance.

APPLICABLE LAW

The State Energy Conservation Construction Code and the State Uniform Fire Prevention and Building Code, as currently in effect and as they may be hereafter amended from time to time, this chapter, Chapter 161 of this Code and all other applicable provisions of this Code, and other laws, rules, ordinances and regulations governing building construction and land use, including but not limited to all duly authorized and issued orders, rules, directives and other notices by the Building Inspector pursuant to said chapters, Code, laws, rules, ordinances and regulations.

ARCHITECT

An individual licensed by the state to practice the profession of architecture.

BUILDING

A combination of materials to form a construction that is adapted to permanent or continuous occupancy for public, institutional, residence, business or storage purposes; the term "building" shall be construed as if followed by the words "or part thereof." Although sometimes used simultaneously for clarity, building is included within the meaning of the broader term of structure.

BUILDING PERMIT

A permit issued pursuant to § 84-8 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.

CERTIFICATE OF COMPLIANCE

A certificate issued pursuant to § 84-15B of this chapter.

CERTIFICATE OF OCCUPANCY

A certificate issued pursuant to § 84-15A of this chapter.

COMPLIANCE ORDER

An order issued by the Building Inspector pursuant to § 84-14 of this chapter.

CONSTRUCTION

Although sometimes used simultaneously for clarity, construction includes the erection, enlargement, alteration, removal, improvement, demolition and conversion of any structure and the installation of elevators, dumbwaiters, oil or gas burners and central air-conditioning appliances and equipment.

ENERGY CODE

State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

ENGINEER

An individual licensed by the state to practice as a professional engineer.

INSPECTOR

An Assistant Building Inspector appointed pursuant to § 84-4A(4) of this chapter.

LISTED

Equipment, appliances or materials included in a list published by a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of production of listed equipment, appliances or materials, and whose listing states either that the equipment, appliances or material meets nationally recognized standards or has been tested and found suitable for use in a specified manner. The means for identifying listed equipment, appliances or materials may vary for each testing laboratory, inspection agency or other organization concerned with product evaluation, some of which do not recognize equipment, appliances or materials as listed unless they are also labeled. The authority having jurisdiction shall use the system employed by the listing organization to identify a listed product.

OPERATING PERMIT

A permit issued pursuant to § 84-20 of this chapter. The term operating permit shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.

PERMIT HOLDER

The person to whom a building permit has been issued.

STOP-WORK ORDER

An order issued pursuant to § 84-14B of this chapter.

STRUCTURE

Any construction or any production or piece of work artificially built up or composed of parts joined together in some definite manner, including but not limited to buildings, cesspools, fences, gaseous and liquid storage tanks, retaining walls and septic tanks.

TEMPORARY CERTIFICATE

A certificate issued pursuant to § 84-17 of this chapter.

UNIFORM CODE

The State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

§ 84-2 Applicability of state code.

The Uniform Code and the Energy Code are hereby made applicable within the Village.

§ 84-3 Administration and enforcement.

The provisions of this chapter shall apply to the administration and enforcement of applicable laws within the Village.

§ 84-4 Building Inspector.

A. Appointment and qualifications.

(1) The Board of Trustees shall appoint a Building Inspector who shall have the duties described in Subsection B. The Building Inspector shall have general knowledge and background experience with regard to:

(a) The quality and strength of building materials;

(b) Good practice in fire prevention;

(c) The accepted requirements of exit facilities; and

(d) The proper installation of plumbing, electrical wiring and other installations for the safety, comfort and convenience of occupants.

(2) Within the time prescribed by law, the Building Inspector shall obtain such basic training, in-service training, advanced in-service training, and other training as the state shall require for code enforcement personnel, and shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

(3) In the event that the Building Inspector is unable to serve as such for any reason, an individual shall be appointed by the Board of Trustees to serve as Acting Building Inspector. The Acting Building Inspector shall, during the term of his appointment, exercise all powers and fulfill all duties conferred upon the Building Inspector.

(4) The Board of Trustees may, in addition, appoint one or more Assistant Building Inspectors who shall possess the same qualifications as the Building Inspector and whose duties shall be as the Board of Trustees and/or the Building Inspector may direct in the exercise of the powers and fulfillment of the duties conferred upon the Building Inspector by this chapter. Accordingly, as directed by and under the supervision of the Building Inspector, an Assistant Building Inspector may exercise all of the powers of the Building Inspector as his authorized agent. Each Assistant Building Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Assistant Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

B. Duties and powers. The Building Inspector shall have the following duties and powers:

(1) Except as otherwise specifically provided by applicable law, administer and enforce applicable law with regard to the construction, alteration, repair, removal and demolition of buildings and structures, including plumbing and drainage work therein, and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof within the Village for which permits have been granted pursuant to this code by the Building Department or any board, committee, or authorized official of the Village;

[Amended 10-10-2019 by L.L. No. 13-2019]

(2) To receive and examine and approve, approve with modifications or disapprove, within a reasonable time after receipt thereof, applications for building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits and the plans, specifications and construction documents submitted with such applications, 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 applicable law;

(3) Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits and to include in building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits such terms and conditions as the Building Inspector may determine to be appropriate;

(4) To receive and examine and approve, approve with modifications 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;

(5) To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates and operating permits, firesafety and property maintenance inspections, inspections incidental to investigation of complaints and all other inspections required or permitted under any applicable law;

(6) To issue orders and directions pursuant to applicable law;

(7) To maintain records;

(8) To pursue administrative enforcement actions and proceedings;

(9) In consultation with the Village's general counsel, to pursue such legal actions and proceedings as may be necessary to enforce applicable law or to abate or correct conditions not in compliance with applicable law;

(10) On complaint or other information, to examine existing and completed buildings and structures, as well as buildings and structures under construction, and to issue appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during the construction and to ensure compliance during the entire course of construction with applicable law. He shall make all inspections which are necessary or proper for the carrying out of his duties, except as he may accept written reports of inspection from other employees of the Village or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.

(11) To have tests performed in the field by experienced, professional persons or by accredited and authoritative laboratories and/or service bureaus or agencies whenever he finds it necessary or appropriate to assure compliance with applicable law;

(12) To suspend or revoke a certificate of occupancy issued under the provisions of this code wherever the certificate is issued in error, or on the basis of material incorrect information supplied in the application for the permit, or where it is determined that the building or structure or portion thereof is a significant violation of any ordinance or regulation or any of the provisions of this code that would substantially affect the health or safety of persons within or near the building or other structure. In the event a certificate of occupancy is suspended or revoked in accordance with this subdivision, in addition the owner’s statutory right to appeal the determination to the Village Board of Appeals, it may appeal the decision to the Board of Trustees, which may affirm, reverse, or modify such suspension or revocation, and impose such conditions as it deems appropriate.

[Added 8-29-2023 by L.L. No. 14-2023[1]]

[1] Editor's Note: This local law also renumbered former Subsection B(12) as Subsection B(15).

(13) To order that a building be vacated and not occupied because such occupancy is unsafe. Such order may provide for occupancy solely for the purpose of identifying the work required to make the occupancy safe and for the purpose of performing the work required to make the occupancy safe and may require certain work to be performed to protect individuals from entering or being in close proximity to the building while it is unsafe by such actions as, but not limited to, boarding closed all access points to the building and erecting a fence or fences.

[Added 8-29-2023 by L.L. No. 14-2023]

(14) To order that a structure that is not safe because it is not stable or in good condition to be repaired or removed. Such order may require certain work to be performed to protect individuals from being on or in close proximity to the structure while it is unsafe by such actions as, but not limited to, erecting a fence or fences.

[Added 8-29-2023 by L.L. No. 14-2023]

(15) To exercise such other powers and fulfill all other duties conferred upon the Building Inspector by this chapter.

§ 84-5 Right of entry.

Subject to such constitutional limitations as may be applicable, the Building Inspector and/or his designees are hereby authorized and shall have the right, upon the showing of proper credentials, when requested, and in the discharge of his duties, to enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 84-6 Records and reports.

A. Recordkeeping.

(1) The Building Inspector shall keep permanent official records of all transactions and activities conducted by all Building Inspector personnel, including records of:

(a) All applications received, reviewed and approved or denied;

(b) All plans, specifications and construction documents approved;

(c) All building permits, certificates of occupancy, certificates of compliance, temporary certificates, stop-work orders, and operating permits issued;

(d) All inspections and tests performed;

(e) All statements and reports issued;

(f) All complaints received;

(g) All investigations conducted; and

(h) All other activities specified in or contemplated by this chapter.

(2) All such records shall be public records open for public inspection during normal business hours of the Village. All plans and records pertaining to buildings or structures or appurtenances thereto shall be retained for at least the minimum time period so required by state law and regulation.

B. Program review and reporting.

(1) The Building Inspector shall annually submit to the Board of Trustees a written report and summary of all business conducted by the Building Inspector and the Inspectors, including a report and summary of all transactions and activities described in Subsection A and a report and summary of all appeals or litigation pending or concluded.

(2) The Building Inspector 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.

(3) The Building Inspector shall, upon request of the Department of State, provide to the 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.

§ 84-7 Cooperation with other agencies.

The Building Inspector may request, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Village Police Department and other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 84-8 Building permits.

[Amended 11-20-2017 by L.L. No. 6-2017; 6-17-2025 by L.L. No. 11-2025; 8-19-2025 by L.L. No. 16-2025]

A. Building permits required.

(1) Except as otherwise provided in Subsection B, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including but not limited to the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.

(2) A building permit shall be required for air supported structures and tents. The foregoing shall not apply to air supported structures and tents that have both horizontal dimensions of less than 100 square feet and heights of less than 10 feet.

B. Exemptions. No building permit shall be required for work in any of the following categories:

(1) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(2) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(3) Installation of partitions or movable cases less than five feet nine inches in height;

(4) Painting, wallpapering, tiling, carpeting or other similar finish work;

(5) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(6) Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or

(7) Repairs, provided that such repairs do not involve:

(a) The removal or cutting away of a load-bearing wall, partition or portion thereof or of any structural beam or load-bearing component;

(b) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;

(c) The enlargement, alteration, replacement or relocation of any building system; or

(d) The removal from service of all or part of a fire protection system for any period of time.

C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

D. Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner of the property where the work is to be performed. The application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:

(1) A description of the land on which the proposed work is to be done, including the lot number or street number of the premises and the section, block and lot designation on the Nassau County Land and Tax Map and the use district in which the land is located.

(2) A statement of the use or occupancy of all parts of the land and the proposed building structure and the maximum occupancy of each floor and live load on each floor, including the occupancy classification of any affected 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 officers if any of them are corporations.

(5) A brief description of the nature of the proposed work.

(6) An application to demolish shall give the full name and address of the person who is to do the work.

(7) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code.

(8) At least two sets of construction documents (drawings and/or specifications) which:

(a) Define the scope of the proposed work;

(b) Are prepared by an architect or engineer, when 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. All site plans shall be drawn to scale and shall show:

[1] The location, size and dimensions of the site;

[2] The location, size and dimensions of all existing and proposed buildings and structures on the site;

[3] The location, size and dimensions of all existing and proposed wells or septic systems;

[4] The location of the intended work;

[5] The distances between the buildings and structures and the lot lines; and

[6] The front yard setbacks of all existing buildings within 200 feet on each side of the site.

(9) The plans shall be drawn to scale and shall show all necessary details of all structural, mechanical, electrical, and plumbing work to be performed.

(10) Plans and specifications shall bear the signature of the person responsible for the design and drawings.

(11) All plans and specifications for the construction of a structure which has or shall have, upon completion of the proposed work, a total floor area in excess of 100 square feet shall bear the seal and signature of an engineer. In the event that, in the discretion of the Building Inspector, such construction does not require complicated calculations to confirm the structural integrity of the proposed construction, the seal and signature of an architect upon the plans and specifications, in lieu of an engineer, shall be sufficient.

(12) Each application for a building permit shall be accompanied by duplicate surveys of the property by a licensed land surveyor, which show all existing buildings and other structures, including for clarification, but not limitation, fences, walls and air-conditioning units; front, side, and rear yard setbacks of the buildings closest to the respective property lines; and such other information as may be required by the Building Inspector. The Building Inspector shall have the power to waive or modify the survey requirements to the extent that they are not required because of the nature of the proposed work.

(13) Such other information as may reasonably be required by the Building Inspector and other Village officials to establish the compliance of the proposed work with the requirements of applicable law.

E. Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Inspector. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.

F. Applications shall be made by the owner, 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 that the proposed work is authorized by the owner and that the applicant is authorized to make such application.

G. If the application contemplates the moving of an existing building or structure from one location to another, it shall be accompanied by a description of the method to be used and a statement of the route to be followed. Permits from the applicable state, county, town and/or Village authorities shall be submitted at the time of making application for the permit.

H. The Building Inspector shall require a separate application to be filed for an elevator or dumbwaiter 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 the affidavit attached to or information contained in the application to construct or alter.

I. Whenever the plans accompanying an application are for a structure which, in the opinion of the Building Inspector, is of complex design, the Building Inspector shall require the applicant to file an affidavit, signed by an architect or engineer, certifying that the plans and specifications comply with the provisions of this chapter in force on the date of the application. In such case, the Building Inspector may, at his discretion, employ an architect or engineer to examine the plans. The applicant shall pay that portion of the cost of such examination as from time to time determined by the Board of Trustees, and such portion shall be added to such permit fee and paid by the applicant before the permit shall be issued. In the event that the Building Inspector employs an architect or engineer under the provisions of this subsection, the Building Inspector may rely upon the advice of such architect or engineer as to whether such plans and specifications comply with this chapter.

J. Whenever the plans accompanying an application are for a structure which, in the opinion of the Building Inspector, is of complex design, the Building Inspector may, at his discretion, issue the permit subject to the condition that an architect or engineer whose qualifications are acceptable to him (and who already may be employed by the owner or builder) be employed by the owner or builder to supervise all work done under the permit, to see that the work conforms to the approved plans and the specifications and, forthwith upon its completion, to make and file with the Building Inspector an affidavit or affidavits that he or they have complied with all of the inspection requirements of this chapter and that the work has been carried out according to the approved plans and specifications and in accordance with the provisions of this chapter. In such case, the Building Inspector may rely upon such affidavit or affidavits as evidence that such structure conforms substantially to the approved plans and specifications and the requirements of this chapter applying to structures of its class and kind.

K. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Inspector prior to the commencement of such change of work, subject to the approval of the Building Inspector.

L. No building permit shall be issued for or in connection with any premises until the applicant for said permit shall have received the approval of a site or topographical map providing for drainage facilities and drainage so as to ensure adequate protection for the surrounding areas, except in those instances where the Building Inspector deems, due to topography, that it is not necessary. Said topographical map shall include all factors which are material, i.e., surface drainage, existing structures, future development, elevations of surrounding areas, actual and potential capacities of all stormwater basins and pools and the sizes thereof. Said topographical survey shall be submitted to the Building Inspector after the necessary approvals shall have been obtained from the Nassau County Department of Public Works in accordance with the requirements of the General Municipal Law, if required.

M. No building permit shall be issued for or in connection with any premises until the applicant for said permit shall have received such approval of the proposed construction or alteration as may be required by other governmental or municipal agencies, e.g., Occupational Safety and Health Act, Nassau County Board of Health, Nassau County Fire Marshal's office. A copy of such approval shall be stamped or endorsed on a copy or copies of the plan filed with the application for the building permit.

N. Without the approval of the Board of Trustees, no building permit shall be issued for a new single-family dwelling on a lot or parcel of land (the "premises") on which an existing single-family dwelling exists until the existing single-family dwelling is demolished. In determining whether or not to grant such approval, the Board of Trustees may consider: the size, location, topography and landscaping of the premises; the location of the existing dwelling and of the proposed new dwelling; whether the proposed new dwelling could be built without first demolishing the existing dwelling and still provide for all of the construction vehicles to be stored on the premises without adversely impacting the Village roads or the adjacent properties; the estimated length of time for the new construction; and whether or not there are any other foreseeable adverse impacts upon the immediate neighbors, the community or the Village as a whole by the grant of such application. In the event that, in its sole discretion, the Board of Trustees determines to grant such approval, such approval may be conditioned upon: the immediate termination of the certificate of occupancy for the existing dwelling after a specific period of time and/or the occurrence of specific events; the posting of a cash bond or letter of credit to attempt to assure compliance; liquidated damages in the event that the applicant fails to comply with the conditions of the grant; the execution of a declaration of covenants and restrictions in order to attempt to assure compliance and to give notice of the conditions imposed upon the applicant and the premises to prospective grantees; and/or any such other conditions as the Board of Trustees may deem appropriate to protect the health, safety and welfare of the immediate neighbors, the community and/or the Village as a whole.

O. Demolition permits.

(1) No building permit for demolition, hereinafter sometimes referred to as a "demolition permit," shall be issued if such permit is for the demolition of all or substantially all of a principal structure on a lot until the applicant has first received either:

(a) A permit for the construction of a new principal structure on said lot;

(b) A permit for the alterations which must necessarily be completed to once again make the structure substantially habitable; or

(c) A landscape plan, which shall include but not be limited to landscaping, grading and stormwater retention, approved by the Village's Architectural and Preliminary Site Review Board.

(2) As used in this subsection, "substantially all" shall mean that, in the opinion of the Building Inspector, the demolition will make the structure substantially uninhabitable during and/or after the completion of the demolition.

P. Fee. The fee specified in or determined in accordance with the provisions set forth in § 84-28 of this chapter must be paid prior to or at the time of submission of an application for a building permit or any other permit under this section.

Q. No building permit may be issued for any property that was subdivided after October 16, 1940, without the approval of the Village Planning Board.

§ 84-9 Permit approval procedure.

A. The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and the documents filed therewith to ascertain whether the proposed work is in compliance with applicable law. He shall approve or disapprove the application within a reasonable time. The Building Inspector shall issue a building permit if the proposed work is in compliance with applicable law.

B. Upon approval of an application for a permit and upon acknowledgement from the Village Clerk that the requisite fee for the permit fees has been paid by the applicant, the Building Inspector shall issue a permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.

C. Upon approval of an application for a building permit, 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 at all reasonable times.

D. Upon approval of an application for a building permit with modifications, both sets of plans and specifications shall be endorsed with the words "approved with modifications." 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 investigation by the Building Inspector at all reasonable times. Upon request of the applicant, the Building Inspector shall transmit to the applicant, in writing, the reasons for such modifications.

E. If an application, together with plans, specifications, and other documents filed therewith, describes proposed work which does not conform to all of the requirements of applicable law, the Building Inspector shall disapprove the same, and one set of plans and specifications shall become part of the public record and one set shall be returned to the applicant. Upon request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

F. Surveys.

[Added 8-20-2024 by L.L. No. 10-2024]

(1) All applications to the Building Department, the Planning Board, the Board of Appeals, the Architectural and Preliminary Site Review Board, and Board of Trustees, which include exterior construction and/or changes in grade, shall include a survey made within the previous 12 months.

(2) At the option of the Department or any of such boards, based upon the nature of the application to it or the land that is the subject of the application, the Department or such board may accept an older version of a survey.

(3) If the final decision from the Department or such board is not made within 12 months after the date the survey was made, at any time thereafter the Department or such board may require a new survey such that it is always working from and depending upon a survey that was made within the previous 12 months.

(4) The owner must provide its own certification attesting under oath to the fact that no changes were made to the property since the date or, if revised, the last revision date of the survey.

(5) For the purpose of this subsection, the term "survey" shall mean a certified topographical survey, with the contours based upon the North American Vertical Datum of 1988, or a recertification of a topographical survey, based upon the surveyor's personal on-site inspection, by a land surveyor licensed by the State of New York, which extends not less than three feet onto all properties adjoining the land that is the subject of the application, and all of the following information:

(a) Gross lot area.

(b) Net lot area as determined in accordance with the definition in the Village Code.

(c) All easements.

(d) All trees with diameters of six inches or more.

(e) All FEMA flood zone areas.

(f) All wetlands subject to Department of Environmental Conservation regulations.

(6) At the option of the Department or a board, upon a determination that the topography or any of the other required information is not relevant to the application, a survey that does not provide the topography or such information that the Department does not find relevant may be accepted.

§ 84-10 Performance of work.

[Amended 11-20-2017 by L.L. No. 6-2017; 11-5-2024 by L.L. No. 12-2024; 1-21-2025 by L.L. No. 1-2025; 6-17-2025 by L.L. No. 6-2025; 6-17-2025 by L.L. No. 7-2025; 9-16-2025 by L.L. No. 20-2025; 11-12-2025 by L.L. No. 24-2025]

A. Work to be in accordance with construction documents, board resolutions, and other directives. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit, and with all conditions or other requirements with regard to the construction, landscaping, grading, trucking to or from the property, hours of work, noise, environmental protection, or otherwise with regard to the development of the property, by any Village board, as set forth in the minutes of its meetings, or by any Village official in a written or oral directive. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of the work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.

B. Every building permit, except a demolition permit, shall be effective for a period of 24 months from the date that it is issued to authorize the commencement of work in accordance with the application, plans and specifications upon which it is based. Every demolition permit shall be effective for a period of 30 days from the date that it is issued to authorize the commencement of work in accordance with the application, plans and specifications upon which it is based.

C. The location of a new building or structure or an extension of an existing building or structure shown on an accepted and approved plot diagram or an amendment thereof shall be strictly adhered to.

D. It shall be unlawful to reduce or diminish the area of any lot or plot of which a plot diagram has been filed and has been used as the basis for a permit unless a revised plot diagram showing the proposed change in condition shall have been filed and approved by the Building Inspector; provided, however, that this shall not apply when the lot area is reduced by reason of a street opening or widening or other public improvement.

E. The Building Inspector shall be given at least 24 hours' notice of the starting of work under a permit.

F. Before ceilings, walls or partitions of any work for which a permit is required are covered with lath, plasterboard, plaster ceiling or other covering, the Building Inspector shall be notified. Within three days after receipt of such notice, he shall inspect the same. No such ceilings, walls or partitions shall be covered until permission to do so has been granted by the Building Inspector.

G. No foundations or concrete shall be placed unless and until the Building Inspector has given written notice of the placing of the same at least 24 hours prior to the time scheduled for its placement.

H. Building permits shall be prominently displayed on the job site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares, to the extent practicable.

I. Building permits – expiration.

(1) Building permits, other than demolition permits.

(a) A building permit shall expire two years from the date it is issued.

(b) For building permits for non-substantial construction, such as, but not limited to, generators, water heaters, oil tanks, septic systems, dry wells, fences, driveways, pergolas, and other minor alterations, the Building Inspector, in the Building Inspector's sole discretion, may extend the permit for periods in excess of two years from the date of issuance.

(c) When, in the sole discretion of the Building Inspector, a building permit is for substantial construction, the Building Inspector, in its sole discretion, may extend the permit for not more than two one-year periods. No building permit for substantial construction shall extend beyond four years from the date it was issued without the prior approval of the Board of Trustees.

(2) Demolition permits. No demolition permit shall extend beyond its initial thirty-day period without the prior approval of the Board of Trustees. Notwithstanding the foregoing, the Building Inspector, in the Building Inspector’s sole discretion, may extend a demolition permit for an additional period, not to exceed an additional 60 days, so long as all of the demolition work has been completed within said thirty-day period, and the extension is solely needed for the purpose of acquiring and filing the necessary documents required for a certificate of compliance.

(3) In determining whether or not to grant an extension of a building permit, including a demolition permit, the Board of Trustees may consider the following criteria, among others:

(a) The reason for the delay in the construction or the demolition.

(b) The adverse impact upon the adjacent property owners and the community.

(c) Methods to mitigate the adverse impacts of the delay in construction or demolition by requiring regrading or other stormwater drainage controls and/or requiring landscaping or other screening.

(d) The status of the construction or demolition.

(e) The length of the extension.

(f) Requiring a cash completion bond to assure that the construction or demolition is thereafter pursued with diligence.

J. In the event that the work for which a building permit, other than a demolition permit, has been issued has not been substantially completed within said 24 months or such extended period as may have been approved by the Board of Trustees pursuant to the provisions of this section, such construction shall be deemed abandoned and all of the construction above grade shall be removed, and, to limit erosion and stormwater runoff onto adjacent properties and streets, an appropriate stormwater drainage system shall be installed, and the ground shall be regraded in accordance with a plan approved by the Village Engineer and the Building Inspector.

K. If the demolition work for which a demolition permit is issued is not completed within the thirty-day period from the date of its issuance, or such extended period as may be approved by the Board of Trustees, the project shall be deemed abandoned.

L. In the event that any work shall be performed based upon a demolition permit that was issued based upon a landscape plan approved by the Village's Architectural and Preliminary Site Review Board, such landscape plan shall be implemented, with due diligence, within 30 days of the commencement of the demolition and shall continue with due diligence, subject to reasonable constraints by weather or the season, and completed no later than the third week of the first appropriate planting season, as determined by the Building Inspector.

M. A building permit, other than a demolition permit, shall be effective to authorize the commencement of work in accordance with the application, plans, and specifications upon which it is based for a period of two years from the date of its issuance.

(1) In the event such work shall not be commenced within said two-year period, the permit may not be extended and any fees paid shall not be refunded.

(2) In the event that work shall be commenced within said period, but an extension of the permit is required because a certificate of compliance or a certificate of occupancy has not been issued, an extension of the permit may be applied for in accordance with Subsection I of this section.

N. Limitations on days and hours of work.

(1) No work for which a building permit has been issued or for which a building permit is required pursuant to this chapter shall be performed, solicited, permitted, tolerated, or allowed in violation of this subsection.

(a) The operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, bulldozer, large truck, trailer truck, or other vehicle or other earth moving equipment or appliance, other than between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding legal holidays, except in the case of urgent necessity in the interest of public health or safety as confirmed by the Village Building Inspector, which confirmation may be given before or after the noise is created.

(b) The erection, demolition, alteration, repair, painting, flooring, and any other cosmetic or other work for the project for which the permit was issued or, if not issued, required, including but not limited to staging, mobilization, and deliveries, and no workers shall be at the project site, other than between the hours of 8:00 a.m. and 6:00 p.m. on Mondays through Fridays, excluding legal holidays, except in the case of urgent necessity in the interest of public health or safety as confirmed by the Village Building Inspector, which confirmation may be given before or after the noise is created.

(2) It shall be an affirmative defense that the owners of the property at which the activities took place did not solicit, permit, tolerate, or allow the activities to be performed in violation of this subsection.

O. Cars, trucks, trailers, motorized earth moving equipment, and other motorized vehicles.

(1) With regard to the trucks being used for removing cut material from the property or bringing fill material to the property:

(a) The trucks shall be 20-yard trucks.

(b) The trucks shall not park or stand on any public or private roads.

(c) The trucks only may be used between 9:30 a.m. and 1:30 p.m.

(d) The trucks only may be used on Mondays through Fridays, excluding public holidays.

(2) Parking and storage on construction sites.

(a) No car, truck, trailer, motorized earth moving equipment, or other motorized vehicle (each hereinafter referred to as a "vehicle") may be parked or stored, or otherwise remain on a site for which a building permit was issued or required if such vehicle has not been actively used for the purpose for which it was designed for more than one continuous hour within a 48-hour-period without the approval of the Superintendent of the Building Department.

(b) If it is shown that the vehicle has been in substantially the same place on two or more different days during a three-day period, it shall be an affirmative defense that such vehicle was used for more than one continuous hour during a 48-hour period within those three days.

P. All premises whereupon a new or a substantially new dwelling is being constructed, shall provide sufficient lighting for security and safety, by an electric line and/or solar power, as approved by the Building Inspector, prior to the commencement of any work and until a certificate of occupancy is issued.

§ 84-11 Inspections to be performed by applicant's architect or engineer.

A. All construction, including alterations, of structures which have or shall have, upon completion of the proposed work, a total floor area in excess of 2,000 square feet shall be performed under the inspection of an architect or engineer.

B. All applications for permits for construction, including alterations, of structures which have or shall have, upon completion of the proposed work, a total floor area in excess of 2,000 square feet shall be accompanied by an affidavit certifying that such construction shall be inspected by an architect or engineer. The affidavit shall be signed and sworn to by the architect or engineer who will inspect the construction of such structure, shall contain a statement that said architect or engineer has examined the plans and specifications of the proposed construction and is thoroughly familiar therewith and shall have his professional seal affixed. In the event such architect or engineer shall for any reason discontinue his inspection of the construction of the structure at any time prior to the completion, he shall immediately notify the Building Inspector of such fact, 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 Building Inspector certifying that inspection of the construction has been resumed by another or the same architect or engineer.

C. The driving of piles shall be inspected by an architect or engineer who shall keep a written record of the drivings and who shall certify to the bearing capacity of each pile. A copy of said record and the certification shall be filed with the Building Inspector prior to the placement of pile caps.

D. During the course of construction, the Building Inspector may require special tests and certifications with respect to the properties of structural steel, reinforcing bar steel and concrete and that the same was erected, installed or placed in accordance with the plans and specifications.

E. No certificate of occupancy will be issued for a structure or an alteration thereto having a total floor area in excess of 2,000 square feet until a final certificate is filed with the Building Inspector by the architect or engineer who inspected the construction certifying that the structure was in fact erected or altered in conformity with the plans therefor filed with the Building Inspector.

§ 84-12 Abandonment of project.

In the event of the abandonment of any building project after any excavation or demolition has occurred, unless otherwise directed by the Building Inspector, it shall be the obligation of the applicant for the permit and of the owner of the premises, jointly and severally, to:

A. Safely cap all underground utilities, as directed by the Building Inspector.

B. Remove all underground fuel storage tanks in accordance with all Nassau County and New York State regulatory rules and regulations, as directed by the Building Inspector.

C. Backfill any open excavation up to the level prior to the exaction and demolition, unless otherwise directed by the Building Inspector.

D. If, in the opinion of the Building Inspector, as a result of the excavation or demolition, the amount of stormwater retention on the lot has been reduced or additional stormwater will flow onto adjacent properties, construct a new stormwater system or modify the existing stormwater system to assure that the amount of stormwater retention on the lot will not be reduced and that no additional stormwater will flow onto adjacent properties. Such system shall be subject to the approval of the Building Inspector and shall be constructed within 60 days after the abandonment, or as otherwise approved by the Building Inspector.

E. If, in the opinion of the Building Inspector, as a result of the excavation or demolition, the existing landscaping had been significantly reduced, implement a planting plan to enhance the reduced landscaping to substantially the same landscaping that had existed prior to the excavation and demolition. Such planting plan shall be subject to the approval of the Village's Architectural and Preliminary Site Review Board and shall be implemented within 60 days after the abandonment, or as otherwise approved by such Board.

[Amended 11-20-2017 by L.L. No. 6-2017]

F. If the construction of the building or structure has proceeded beyond the cellar excavation:

(1) Demolish all substantially uncompleted structures.

(2) Make safe and securely close the openings of all other structures, in a manner approved by the Building Inspector, in order to limit or prevent danger to persons and possible fire and gas hazards.

(3) Implement a planting and weekly maintenance plan to effectuate an appropriate aesthetic appearance of the uncompleted structures from adjacent properties, public and private. Such planting and weekly maintenance plan shall be subject to the approval of the Village's Architectural and Preliminary Site Review Board and shall be implemented within 60 days of the abandonment, or as otherwise approved by such Board.

[Amended 11-20-2017 by L.L. No. 6-2017; 7-27-2023 by L.L. No. 11-2023]

§ 84-13 Revocation of permits.

[Amended 10-10-2019 by L.L. No. 13-2019]

A. The Building Inspector shall have authority to suspend or revoke permits that have been granted pursuant to this code by the Building Department or any board, committee, or authorized official of the Village in the following instances:

(1) Where he finds that there have been any false statements or misrepresentations as to a material fact in the application, plans or specifications on which the building permit was based.

(2) Where he finds that the permit was issued in error and should not have been issued in accordance with applicable law.

(3) 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.

(4) Where the person to whom a permit has been issued fails or refuses to comply with a stop-work order issued by the Building Inspector.

(5) Where he finds that the work performed under the permit is not being diligently prosecuted to completion and is not showing signs of active progress for a period of time greater than six months.

[Added 7-27-2023 by L.L. No. 11-2023]

B. Any suspension shall remain in effect until the permit holder demonstrates that all work then completed is, and that all work then proposed to be performed shall be, in compliance with applicable law.

C. In the event that a permit has been revoked, no work shall continue until a new permit has been granted and any work performed purportedly pursuant to the revoked permit shall, at the discretion of the Building Inspector, either be brought back to its original condition by the removal of all of the work performed pursuant to the revoked permit, or brought back to such condition or otherwise made safe as directed by the Building Inspector, and no new work shall commence until a new permit is applied for and issued.

D. In the event that a permit has been revoked and a new permit for the project has not been granted within three months thereafter, the provisions of § 84-12, Abandonment of project, shall apply.

[Added 7-27-2023 by L.L. No. 11-2023]

§ 84-13.1 Expired permits; violations and penalties.

[Added 9-20-2022 by L.L. No. 21-2022]

A. It is a violation of this chapter when a building permit has expired and has not been extended and the work for which such permit was issued required that a certificate confirming to the satisfaction of the Village's Superintendent of the Building Department that such work has been satisfactorily completed and such certificate has not been issued, unless the work has been abandoned and the required action to be taken pursuant to this chapter upon such abandonment, if any, has been completed to the satisfaction of said Superintendent.

B. The applicants for such permit and the owners of the subject premises for which such permit was issued all shall be guilty of a violation of this section.

§ 84-14 Orders.

A. Compliance orders. The Building Inspector shall have the power to order, in writing, the remedying of any conditions found to exist in, on or about any building in violation of applicable law. Upon finding that any such condition or activity exists, the Building Inspector shall issue a compliance order. The compliance order shall:

(1) Be in writing;

(2) Be dated and signed by the Building Inspector;

(3) Specify the condition or activity that violates applicable law;

(4) Specify the provision or provisions of applicable law which is/are violated by the specified condition or activity;

(5) Specify the period of time that the Building Inspector deems to be reasonably necessary for achieving compliance;

(6) Direct that compliance be achieved within the specified period of time; and

(7) State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.

B. Stop-work orders.

(1) Authority to issue. The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt:

(a) Any work that is determined by the Building Inspector to be contrary to applicable law, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

(b) Any work that is being conducted in a dangerous or unsafe manner, in the opinion of the Building Inspector, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

(c) Any work for which a building permit is required which is being performed without the required building permit or under a building permit that has become invalid, has expired or has been suspended or revoked.

(2) Content of stop-work orders. Stop-work orders shall:

(a) Be in writing;

(b) Be dated and signed by the Building Inspector;

(c) State the reason or reasons for issuance; and

(d) If applicable, state the conditions which must be satisfied before work will be permitted to resume.

(3) Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.

(4) Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection (B)(1), and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 84-24 of this chapter or under any other applicable 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.

C. Service of compliance orders and stop-work orders.

(1) The Building Inspector shall cause compliance orders and stop-work orders to be served upon an owner in either or the following manners:

(a) Personally upon the owner; or

(b) By posting and mailing as follows:

[1] Posting:

[a] If the premises are improved with a building, such notice shall be posted on the front door of the building.

[b] If the premises are not improved with a building, such notice shall be posted on a poll, tree, fence or wall on the premises, which the Building Inspector determines most likely to provide reasonable notice to the owner or any of its contractors, agents and/or employees.

[2] Mailing:

[a] By both first class mail and certified mail, return receipt requested.

[b] Such mail shall be addressed to the owner at the most recent address of the owner shown for the premises on the assessment roll of the Village.

(2) The Building Inspector shall be permitted but not required to cause compliance orders and stop-work orders or copies thereof to be served upon any builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or employees or any other person taking part or assisting in work being performed at the affected property; however, the failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order. Any such service shall be made either personally upon such person or by mailing by both first class mail and certified mail, return receipt requested, to the last known address of such person in the files of the Building Department.

§ 84-15 Certificates.

A. Certificate of occupancy.

(1) No building hereafter erected shall be occupied or used in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector certifying that such building conforms substantially to the building permit and the requirements of applicable law.

(2) No building hereafter enlarged or extended or so altered as to change its use or occupancy classification or subclassification to another and no building hereafter altered for which a certificate of occupancy had not been issued heretofore shall be occupied or used in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector certifying both that the work for which the permit was issued has been completed substantially in accordance with the permit and the provisions of applicable law with regard to such an alteration and that the building is safe for occupancy insofar as can be determined by visual inspection, provided that if the occupancy or use of such building was not discontinued during the work of alterations, the occupancy or use of the building shall not continue for more than 30 days after completion of the alteration unless such certificate shall have been issued.

B. Certificate of compliance. In those instances where work is performed under a permit but no certificate of occupancy is required, the Building Inspector shall issue a certificate of compliance if it is found that the proposed work has been completed substantially in accordance with the permit and applicable law. The certificate shall also indicate the use or uses to which the structure or installation may thereafter be put and to what extent.

C. Issuance of certificates of occupancy and certificates of compliance. The Building Inspector shall issue a certificate of occupancy or certificate of compliance if the work which was the subject of the building permit was completed in accordance with applicable law and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with applicable law. The Building Inspector or an Inspector authorized by the Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the certificate of occupancy or certificate of compliance, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy or certificate of compliance:

(1) A written statement of structural observations and/or a final report of special inspections; and

(2) Flood hazard certifications.

D. Contents of certificates of occupancy and certificates of compliance. A certificate of occupancy and certificate of compliance shall contain the following information:

(1) The building permit number, if any;

(2) The date of issuance of the building permit, if any;

(3) The name of the owner and the address and Tax Map number of the property;

(4) If the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued;

(5) The use and occupancy classification of the structure;

(6) The type of construction of the structure;

(7) The assembly occupant load of the structure, if any;

(8) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

(9) Any special conditions imposed in connection with the issuance of the building permit; and

(10) The signature of the Building Inspector issuing the certificate of occupancy or certificate of compliance and the date of issuance.

§ 84-16 Inspections; issuance of certificates.

A. The Village's Superintendent of the Building Department, Building Inspectors, and Assistants to a Building Inspector shall have the right to inspect the premises and all of the buildings thereon from the time a building permit is issued until the required certificate pursuant to this chapter is issued confirming the satisfactory completion of such work or the work has been abandoned and the required action to be taken pursuant to this chapter upon such abandonment, if any, has been completed to the satisfaction of the Village's Superintendent of the Building Department and, if a certificate of occupancy is required to occupy all or any part of the premises, to assure that the premises or such part of the premises are not being illegally occupied prior to the issuance of a certificate of occupancy. The foregoing shall not include the right to inspect any building for which work was not authorized by such permit. In the event that the right of inspection as provided herein is denied or otherwise prevented, the Superintendent of the Building Department may revoke the building permit.

[Added 9-20-2022 by L.L. No. 21-2022;[1] 7-23-2024 by L.L. No. 5-2024]

[1] Editor's Note: This local law also redesignated former Subsections A through F as Subsections B through G, respectively.

B. Inspection prior to issuance of a certificate of occupancy or a certificate of compliance.

(1) Before issuing a certificate of occupancy or a certificate of compliance, the Building Inspector shall examine or cause to be examined all buildings, structures, sites and work for which said application has been filed, and he may conduct such inspection as he deems appropriate from time to time during and upon completion of the work.

(2) There shall be maintained in the Village office a record of all such examinations and inspections, together with a record of the findings of violations of applicable law.

C. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection C is ready for inspection.

D. Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

(1) Work site prior to the issuance of a building permit;

(2) Footing and foundation;

(3) Preparation for concrete slab;

(4) Framing;

(5) 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 applicable law. Work not in compliance with applicable law shall remain exposed until such work shall have been brought into compliance with applicable law and found satisfactory as completed.

F. Fee. The fee specified in or determined in accordance with the provisions set forth in § 84-28 of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.

G. Issuance of certificate of occupancy or certificate of compliance.

(1) A certificate of occupancy or a certificate of compliance shall be issued within a reasonable time after application therefor is made.

(2) A final survey must be submitted before a certificate of occupancy or a certificate of compliance will be issued. The Building Inspector may waive the requirement for filing a final survey if he deems it not appropriate.

§ 84-17 Temporary certificate of occupancy.

A. The Building Inspector shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure or a portion thereof prior to completion of the work which is the subject of a building permit. However, in no event shall the Building Inspector issue a temporary certificate unless the Building Inspector determines:

(1) That the building or structure or the portion thereof covered by the temporary certificate may be occupied safely,

(2) That any fire- and smoke-detecting or fire-protection equipment which has been installed is operational, and

(3) That all required means of egress from the building or structure have been provided.

B. The Building Inspector may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code.

C. A temporary certificate shall be effective for a period of time, not to exceed three months, which shall be determined by the Building Inspector and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with applicable law. For good cause, the Building Inspector may allow a maximum of two extensions of the temporary certificate for periods not exceeding three months each.

D. Revocation or suspension of certificates. If the Building Inspector determines that 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 Building Inspector within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such certificate.

E. Fee. The fee specified in or determined in accordance with the provisions set forth in § 84-28 of this chapter must be paid at the time of submission of an application for a temporary certificate.

§ 84-18 Notification regarding fire or explosion.

The Chief of any fire department providing fire-fighting services for a property within the Village shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 84-19 Unsafe building and structures.

Unsafe structures and equipment in the Village shall be identified and addressed in accordance with the procedures established by Chapter 63 of this Code.

§ 84-20 Operating permits.

A. Any person who proposes to conduct any activity listed in Subsection A(1), (2) or (3) below, or to operate any type of building or other structure listed in Subsection A(4), (5) or (6) below shall be required to obtain an operating permit prior to commencing such activity or operation:

[Amended 10-22-2020 by L.L. No. 8-2020]

(1) Manufacturing, storing or handling hazardous materials in quantities exceeding those in Tables 5003.1.1(1), (2), (3), or (4) of the 2015 Edition of the International Fire Code and incorporated by reference in 19 NYCRR § 1225.1, as such may be amended from time to time;

(2) Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;

(3) Use of pyrotechnic devices in assembly occupancies;

(4) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

(5) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution of the Board of Trustees.

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 Building Inspector. Such application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities, materials and activities conform to the requirements of applicable law. If the Building Inspector 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 Building Inspector, at the expense of the applicant.

C. Inspections. The Building Inspector 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 is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his 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 Building Inspector 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 Building Inspector, payment of the applicable fee and approval of such application by the Building Inspector.

F. Revocation or suspension of operating permits. If the Building Inspector determines that any activity or building for which an operating permit was issued does not comply with applicable law, such operating permit shall be revoked or suspended.

G. Fee. The fee specified in or determined in accordance with the provisions set forth in § 84-28 of this chapter 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.

§ 84-21 Firesafety and property maintenance inspections.

A. Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector 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 36 months.

B. Inspections permitted. Subject to such constitutional limitations as may be applicable, in addition to the inspections required by Subsection A, a firesafety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit may also be performed by the Building Inspector upon:

(1) Request of the owner of the property to be inspected or an authorized agent of such owner;

(2) Receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with applicable law exist; or

(3) Receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with applicable law exist.

C. OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the State Office of Fire Prevention and Control ("OFPC") and the State Fire Administrator under Executive Law § 156-e and Education Law § 807-b.

D. Fee. The fee specified in or determined in accordance with the provisions set forth in § 84-28 of this chapter must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections pursuant to Subsection B or performed by OFPC. The failure to pay such fee shall be deemed a violation of this section but shall not prevent a required inspection from taking place.

§ 84-22 Violations.

[Amended 6-17-2025 by L.L. No. 6-2025]

Based upon the Building Inspector's own independent observations, the affidavit of other persons, or investigating complaints that allege or assert the existence of conditions or activities that fail to comply with this chapter or any other applicable law, upon finding that a violation exists, the Building Inspector may take any one or more of the following actions, which, in the Building Inspector's sole discretion, the Building Inspector deems appropriate:

A. Communicate with the owner of the affected property and/or any other person who may be responsible for the violation and advise them of the violation and provide them with a reasonable opportunity to abate, correct, or cure the violation.

B. Provide the owner of the affected property and/or any other person who may be responsible for the violation with a notice of the violation and provide them with a reasonable opportunity to abate, correct, or cure the violation.

C. Issue a stop-work order.

D. Issue an order to vacate the premises.

E. Inspect the property at such times as the Building Inspector deems appropriate to determine if the violation has been abated, corrected, or cured.

F. Inspect the property at such times as the Building Inspector deems appropriate to determine if there has been compliance with, or continued compliance with, a stop-work order or order to vacate

G. Issue an appearance ticket to commence an action in the Village Justice Court.

H. If a violation, which was found to exist, was documented in the Building Department files, was abated, corrected, or cured, file a report in the Building Department files setting forth such abatement, correction, or cure.

§ 84-23 Tests.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of applicable law, the Building Inspector may require the same to be subjected to tests by a testing agency designated by the Building Inspector at the applicant's own cost in order to furnish proof of such compliance.

§ 84-24 Penalties for offenses.

[Amended 5-13-2021 by L.L. No. 11-2021; 6-21-2022 by L.L. No. 9-2022; 9-20-2022 by L.L. No. 18-2022; 7-22-2025 by L.L. No. 13-2025]

A. It shall be unlawful for any person to construct, alter, repair, move, remove, demolish, equip, use, occupy, or maintain any building or other structure or portion thereof:

(1) Without or in a manner not permitted by or not in accordance or in violation of a required building permit from the Building Inspector;

(2) Without or in a manner not permitted by or not in accordance or in violation of a required certificate from the Building Inspector;

(3) In a manner requiring the approval of, or not permitted by, or not in accordance, or in violation of a decision, resolution, or other directive from, the Village's Planning Board, Board of Appeals, Architectural and Preliminary Architectural and Preliminary Site Review Board, Board of Trustees, or Landmark Preservation Commission;

(4) In a manner not permitted by or not in accordance or in violation of an order, decision, notice, or other directive from the Building Inspector; or

(5) In a manner not permitted by or not in accordance or in violation of any other applicable law.

B. A first violation of this section within a five-year period shall be punishable by a minimum fine of $2,500 and a maximum fine not exceeding $25,000, and imprisonment for not more than 15 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.

C. Any violation of this section after the first within a five-year period shall be punishable by a minimum fine of $5,000 and a maximum fine not exceeding $50,000, and imprisonment for not more than 15 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.

D. For the purposes of this section, the following terms shall have the meanings indicated:

PERSON

Includes the owner, tenant, occupant, or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, sublessee, agent, or any other individual, firm, or corporation directly or indirectly in control of any premises, building, or part thereof.

§ 84-25 Abatement of violations.

A. Injunctive relief. Upon the prior authorization of the Board of Trustees, an action or proceeding may be instituted in the name of the Village, in the Supreme Court of the State of New York, or any other court of competent jurisdiction, to prevent, restrain, enjoin, correct or abate any violation of, or to enforce any provision of applicable law, including but not limited to any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order or other notice or order issued by the Building Inspector pursuant to applicable law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of applicable law, an action or proceeding may be commenced to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such applicable law.

B. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 84-14 of this chapter, in any other section of this chapter or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with or after the pursuit of any other remedy or penalty specified in this section, in section § 84-14B of this chapter, in any other section of this chapter or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.

§ 84-26 Zoning restrictions.

The restrictions of Chapter 161 of this Code shall not be deemed to be modified by any provision of this chapter, and such restrictions shall be controlling except insofar as this chapter imposes greater restrictions by reason of the type of construction used, in which case the greater restrictions shall control.

§ 84-27 Construal of provisions.

No oversight or dereliction of duty on the part of the Building Inspector or any other employee of the Village shall legalize the erection, construction, alteration, repair, removal or demolition or the use or occupancy of a building or structure that does not conform to applicable law or that does not conform with the provisions of an application, plans or specifications on the basis of which a building permit was issued.

§ 84-28 Fees.

[Amended 7-27-2023 by L.L. No. 12-2023]

A. Permit fees. The following fees shall be required for a building permit.

(1) A building permit fee, which shall be based upon the estimated cost of construction. The estimated cost of construction is defined for the purpose of this section as the amount of money that would ordinarily be expended for good, safe, construction in the erection of the complete building, the alteration of the building, or other structure, as the case may be, in accordance with the then contemporary standards of other new construction within the Village, exclusive of interior decoration.

(2) An infrastructure fee.

(3) A curb crossing fee.

B. All permit fees shall be paid to the Village Administrator.

C. The payment of a fee, as provided in this section, shall in no way relieve the applicant, owner, or holder of the permit of the payment of other fees that may be prescribed by applicable law for inspections, certificates, sewer connections, water taps, or other privileges or requirements.

D. Upon the filing of an application for a building permit, the applicant shall pay a sum equal to 50% of the Building Department's estimate of the building permit fee. That sum shall not be refunded if the application for the permit is not approved.

E. If the application is approved, the 50% balance of the building permit fee, the infrastructure fee, and the curb crossing fee shall be paid prior to the issuance of the building permit.

F. No fee, as provided in this section, shall be refunded after a permit has been issued.

G. The estimated cost of construction, permit fees, and certificate fees shall be set from time to time by resolution of the Board of Trustees.

§ 84-29 Intermunicipal agreements.

The Board of Trustees may authorize the Mayor to enter into an agreement in the name of the Village, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of Part 1203 of Title 19 of the NYCRR, or any other applicable law.