This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Village. This chapter
is adopted pursuant to § 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, other state law,
or other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
42-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
PUBLIC ASSEMBLY PERMIT
A permit issued pursuant to §
42-6 of this chapter. The term "public assembly permit" shall also include a public assembly permit which is renewed, amended or extended pursuant to any provision of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of Lake Success.
The chief of any fire department providing fire-fighting
services for a property within this Village shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
No person shall engage in the business of plumbing
or as an electrician within the Village until registering with the
Board of Trustees. Any applicant for registration must submit documentary
proof that he/she is a duly licensed plumber or electrician in Nassau
County.
A. Each applicant for registration shall pay an annual
fee as stated in the Schedule of Fees adopted by resolution of the
Board of Trustees for registration to engage in the plumbing or electrical
business in this Village.
B. Registration shall expire on the last day of each
year, irrespective of the date of issue.
[Added 10-13-2009 by L.L. No. 4-2009]
A. There is an inherent danger in the installation and use of electrical
energy. This section is enacted to regulate the inspection of installation
and alteration of wiring of electric light, heat or power and signal
systems operating on 50 volts or more in all real property within
the Village of Lake Success, and to allow inspections by outside certified
electrical inspection services.
B. Electrical inspections shall be made by an approved inspection agency
and shall be done so with the intent that such approval be in the
interests of public safety and in accordance with the latest addition
of the New York State Fire Prevention and Building Code, the National
Electrical Code, NFPA, the Nassau County Fire Marshal's office, LIPA
Red Book standards and all applicable promulgated codes.
C. The Superintendent of Buildings shall approve an inspection agency
upon the submission of evidence acceptable to the Superintendent that
such agency's Chief Electrical Inspector and electrical inspectors
possess the following qualifications:
(1) The Chief Electrical Inspector must:
(a)
Meet two or more of the following requirements:
[1]
Be an electrician who satisfies the minimum requirements for
a master electrician's license in Nassau County, with a minimum of
seven years' field experience working for or as a licensed electrician.
[2]
Hold certifications and certificates in the field of electrical
inspections from the International Association of Electrical Inspectors
for one- and two-family dwellings, general and plan review, or equal,
as determined by the Superintendent of Buildings for the Village of
Lake Success.
[3]
Be a New York State licensed professional engineer with at least
five years of field experience in the supervision and design of electrical
installations.
(b)
Hold a certificate of competency, or equal, as determined by
the Superintendent of Buildings for the Village of Lake Success, from
a nationally recognized and accredited electrical inspection testing
agency or organization.
(2) Electrical inspectors must meet two or more of the following requirements:
(a)
Be a New York State licensed professional engineer with two
years' experience in the electrical industry.
(b)
Be an electrician that satisfies the minimum requirements for
a master electrician's license in Nassau County, or has worked for
a licensed master electrician for at least three years.
(c)
Holds certifications from the International Association of Electrical
Inspectors in one- and two-family dwellings, general or equal, as
determined by the Superintendent of Buildings for the Village of Lake
Success.
D. A Chief Electrical Inspector must be an officer of the Inspection
Agency and must have a supervisory position to all inspectors. If
the designated Chief Electrical Inspector leaves such inspection agency,
all inspections will be suspended until another approved designee
meets the qualifications and is approved by the Superintendent of
Buildings.
E. Electrical inspectors must report to the Chief Electrical Inspector.
F. Neither the Chief Electrical Inspector nor any electrical inspector(s)
may hold an active electrician's license or other accreditation which
may be determined as conflicting with the interest and independence
of the approved inspection agency as it relates to an unbiased ability
to serve the public interest. Any such license/accreditation shall
be made inactive while the inspector is employed by the inspection
agency.
G. The Chief Electrical Inspector and electrical inspectors shall belong
to a nationally recognized and chartered trade association with continuing
education course and certification programs. Proof of membership and
continuing education for each inspector shall be submitted annually
to the Superintendent of Buildings.
H. Any inspections of Village facilities and buildings shall be performed
by the inspection agency without charge to the Village.
I. Insurance.
(1) An approved inspection agency must maintain:
(a)
General liability for electrical inspections: $3,000,000 per
occurrence.
(b)
Excess general liability for electrical inspections: $7,000,000
per occurrence.
(c)
Total general liability: $10,000,000.
(d)
Professional liability: $3,000,000 per occurrence.
(e)
Automobile liability: $1,000,000.
(f)
Workers' compensation and disability: statutory requirements.
(2) The Village of Lake Success must be named as certificate holder and
as additional insured on all polices with a fifteen-day notice of
cancellation.
J. Should the requirements above not be met at any time, the inspection
agency shall immediately cease performing inspections. Before resuming
inspections, it shall be subject to a hearing to determine if it complies
with the requirements to continue as an approved inspection agency.
The Code Enforcement Officer shall review and
investigate complaints which allege or assert the existence of conditions
or activities that fail to comply with the Uniform Code, the Energy
Code, this chapter, or any other local law or regulation adopted for
administration and enforcement of the Uniform Code or the Energy Code.
The process for responding to a complaint shall include such of the
following steps as the Code Enforcement Officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
42-17, Enforcement; penalties for offenses, of this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
[Amended 12-12-2022 by L.L. No. 5-2022]
A. A fee schedule
shall be established by resolution of the Board of Trustees of this
Village. Such fee schedule may thereafter be amended from time to
time by like resolution. The fees set forth in, or determined in accordance
with, such fee schedule or amended fee schedule shall be charged and
collected for the submission of applications, the issuance of building
permits, amended building permits, renewed building permits, certificates
of occupancy/certificates of completion, public assembly permits,
fire safety and property maintenance inspections, and other actions
of the Code Enforcement Officer described in or contemplated by this
chapter.
B. Where an
application is made for approval or authorization of an activity after
the activity already has commenced or has been completed, the fee
for the application shall be three times the fee specified in the
fee schedule established by the Board of Trustees.
The Board of Trustees may, by resolution, authorize
the Mayor of this Village to enter into an agreement, in the name
of this Village, with other governments to carry out the terms of
this chapter, provided that such agreement does not violate any provision
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.