Village of Mill Neck, NY Article XV Building Construction

[Amended 10-6-1992 by L.L. No. 8-1992; 4-3-2007 by L.L. No. 1-2007]

§ 129-111 Standards.

The Uniform Code and the Energy Code, as amended, and all the provisions of this article are applicable and enforceable within the Village and are hereinafter referred to as the "Building Code."

§ 129-112 Code Enforcement Officer.

A. The Mayor shall appoint a Building Inspector, who shall be designated the "Code Enforcement Officer." The Code Enforcement Officer shall possess background experience related to building construction and fire prevention and shall, within the time constraints prescribed by law, obtain such training as the State of New York requires for code enforcement personnel.

B. In the absence of the Code Enforcement Officer, or in the case of his inability to act for any reason, the Mayor shall have the power to act on behalf of the Code Enforcement Officer and to exercise all the powers conferred upon him by this chapter.

C. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code and the Energy Code and the provisions of this chapter and the Village Code, including receiving building permit applications, reviewing plans and specifications, conducting inspections, issuing permits for the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, issuing certificates of occupancy and nonconforming use permits, collecting fees as set forth by the Board of Trustees and maintaining and filing all records necessary for the administration of the office to the satisfaction of the Board of Trustees. The Code Enforcement Officer is authorized to pursue administrative actions and, in consultation with the Village Attorney, legal action as necessary to abate conditions not in compliance with the Uniform Code, the Energy Code, this chapter, or other laws, rules or regulations of the Village or of the State of New York.

§ 129-113 Building permit required; fees.

A. Except as provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code, the Energy Code and the provisions of this chapter, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition or any building or structure or any portion thereof, and the installment of a solid-fuel-burning heating appliance, chimney or flue in any dwelling, or the change in use of any dwelling. No person shall commence any work without first having obtained a building permit from the Code Enforcement Officer.

B. A building permit shall not be required for the following:

(1) Necessary repairs which do not materially affect structural features.

(2) Alterations to existing buildings, provided that the alterations;

(a) Do not materially affect structural features;

(b) Do not affect firesafety features such as smoke detectors, sprinklers;

(c) Do not involve the installation or extension of electrical systems;

(d) Do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues; and

(e) Do not cause a violation of the Uniform Code, the Energy Code or this chapter.

§ 129-114 Application for and issuance of building permit.

A. The application for a building permit, and its accompanying documents, shall contain such information as required by the Code Enforcement Officer as is sufficient to permit a determination that the intended work accords with the requirements of the Uniform Code, the Energy Code and the Village Code.

B. The form of the building permit application shall be prescribed by the Code Enforcement Officer. The application shall be signed by the owner (or his authorized agent) of the building and shall contain at least the following:

(1) Full name and address of the owner and, if by a corporation or other entity, the name and addresses of the responsible officials;

(2) Identification and/or description of the land on which the work is to be done;

(3) Description of use or occupancy of the land and existing or proposed building;

(4) Description of the proposed work;

(5) Two sets of plans and specifications for the proposed work; and

(6) The required fee.

C. All building permits shall be issued by the Code Enforcement Officer, upon authorization of the Board of Trustees.

D. The applicant shall notify the Code Enforcement Officer of any changes in the information contained in the application during the period for which the building permit is in effect. A building permit will be issued when the application has been determined to be complete and when the proposed work has been determined to conform to the requirements of the Uniform Code, the Energy Code and the Village Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Code Enforcement Officer and approval shall be received from the Code Enforcement Officer prior to the commencement of such change of work.

§ 129-115 General requirements of building permit.

A. A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains.

B. A building permit issued pursuant to this chapter may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code, the Energy Code and the Village Code or with any condition attached to such permit, or if there have been misrepresentations or falsification of a material fact in connection with the application for the building permit.

C. A building permit issued pursuant to this chapter shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy, whichever occurs first. The building permit may, upon written request, be renewed for successive one-year periods, provided that:

(1) The building permit has not been revoked or suspended at the time the application for renewal is made;

(2) The relevant information in the application is up to date; and

(3) The renewal fee is paid.

§ 129-116 Inspections.

A. Construction inspections.

(1) Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection A(2) of this section is ready for inspection.

(2) The following elements of the construction process shall be inspected, where and when applicable:

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

(b) Footing and foundation;

(c) Preparation for concrete slab;

(d) Framing, including high-wind hold-down systems;

(e) Building systems, including underground and rough-in;

(f) Fire-resistant construction;

(g) Fire-resistant penetrations;

(h) Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

(i) Energy Code compliance; and

(j) A final inspection after all work authorized by the building permit has been completed.

(3) After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

B. Fire prevention and property maintenance inspections.

(1) Firesafety inspections by either the Code Enforcement Officer or an authorized inspector from the Nassau County Fire Marshal's office of buildings or structures having areas of public assembly, defined as "all buildings or portions of buildings used for gathering together 50 or more persons for amusements, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, or similar purposes, the entire fire area of which they are a part, and the means of egress therefrom," shall be performed at least once in every 12 months. A copy of the inspection report shall be filed with the Village Clerk.

(2) An inspection of a building or dwelling unit may also be performed by the Code Enforcement Officer at any other time upon:

(a) The request of the owner, his authorized agent, or tenant;

(b) Receipt of a written statement alleging that conditions or activities failing to comply with the Uniform Code, the Energy Code or the Village Code exist; or

(c) Receipt of other information reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code, the Energy Code or the Village Code exist.