A.
Permit required; application; contents.
(1)
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, removal, improvement,
demolition, conversion or change in the nature of the occupancy of
any building or structure, or cause the same to be done, without first
obtaining a separate building permit from the Building Department
Administrator for each such building or structure; except that no
building permit shall be required for the performance of ordinary
repairs which are not structural in nature or an open or temporary
shed not over 12 feet in height and of an estimated cost not exceeding
$100. Whenever any proposed operation includes any demolition, such
fact shall be expressly stated.
(2)
Such application shall be accompanied by drawings in ink or blueprint, and by specifications, all in duplicate; and any additional detailed drawings or other information required by the Building Department Administrator shall also be furnished in duplicate. Drawings shall give location of building, live floor loads, kinds of occupancies, number of occupants and all necessary information with reference to existing construction and shall include a real estate property survey when the Building Department Administrator so requires. The application for a building permit shall give the names and addresses of the owner of the property and shall also comply with and be subject to § 280-10 of Chapter 280, Zoning, of this Code. Each application shall state the estimated cost of the undertaking. All facts in the application shall be affirmed under oath.
B.
Authority of Building Department Administrator. If
in the judgment of the Building Department Administrator the estimated
cost is manifestly incorrect, the Building Department Administrator
may himself or herself estimate the cost of the work, and the expense
of such estimate shall be paid by the applicant to the city.
C.
Amendment of application. Any application may be amended
or corrected, but no modification in the actual work or other changes
may be made until after such amendment of the application and of the
building permit or a new building permit issued.
D.
Applications by other than owner; disclosure. Any
application other than by natural person acting in his or her own
behalf shall include a statement of full disclosure containing the
following information as applicable:
(1)
Agent: name and address of principal or principals.
If principal is a corporation or partnership provide further information
as required under such subdivisions as may apply.
(4)
Trade name. Any applicant conducting business under
a trade name shall include such trade name and address in his or her
application.
E.
Execution of application for building permit. Each
applicant shall be required to sign under oath all building permit
applications in the manner as follows:
|
STATE OF NEW YORK)
) ss:
COUNTY OF NASSAU)
| ||
|
______________________________, being duly sworn,
deposes and says that deponent is the applicant in the above application;
that deponent has read the foregoing application and knows the content
thereof; that same is true to deponent's own knowledge, except as
to the matters therein stated to be alleged on information and belief,
and that to those matters deponent believes it to be true.
| ||
|
Sworn to me this _____________ day
of ______________________, 19 __
|
Signature of Applicant
| |
F.
Air-supported shelters. All applications for building
permits for air-supported shelters shall be submitted to the City
Council for approval.
G.
Home improvement license and insurance required.
[Added 7-26-2005]
(1)
Each application for a building permit which proposes
construction work to be performed by any contractor at a residential
premises in the City of Glen Cove shall not be deemed complete, and
no permit shall be issued, until the following are provided:
(a)
The name, address, phone number and the Nassau
County home improvement license number of such contractor, which license
shall be in force and effect on the date of the application.
(b)
Suitable proof of New York State workers' compensation
insurance issued to such contractor, which shall be in force and effect
on the date of the application or, in the alternative, a lawful waiver
issued pursuant to state law.
(c)
Suitable proof of personal liability and property
liability insurance issued to such contractor in an amount not less
than $300,000 each occurrence and $600,000 in the aggregate, which
shall be in force and effect on the date of the application.
(2)
The aforementioned provisions also shall apply to
any subcontractor who performs work at any residential premises in
the City of Glen Cove.
H.
Waiver of license; testing of owner. Whenever an owner
of a residential premises proposes to perform construction work himself
on such residential premises, the Building Department Administrator
shall administer a test, which may be oral or written, in order to
determine whether such owner is competent to perform the proposed
work and is knowledgeable as to construction technology and building
code requirements.
[Added 7-26-2005]
(1)
If, in the opinion of the Building Department Administrator, such owner is competent to perform construction work, then a building permit may be issued subject to the following: no contractor or subcontractor shall thereafter perform work on such residential premises until an amendment to the original application for a building permit has been filed and approved by the BDA, which amendment shall comply with the provisions of Subsection G of this section; the owner of such residential premises shall file an affidavit stating that he has not already engaged a contractor or subcontractor to perform work on such premises, other than a properly licensed plumber or properly licensed electrician; the owner qualifies for a waiver of New York workers’ compensation insurance; the owner has presented proof of general liability insurance in a suitable amount and coverage for his residential premises.
(2)
The aforementioned provisions, requiring an owner
of residential property to pass a test, may be waived by Building
Department Administrator when the applicant, on behalf of such owner,
is a New York licensed architect or New York licensed professional
engineer who files, simultaneously with the application for a permit,
an affidavit indicating that he shall actively supervise construction
on such residential property, and he shall not participate in the
hiring of any contractor or subcontractor without giving prior written
notification to the City of Glen Cove providing the name and address
of such contract or subcontractor.
I.
Mandatory licensing and insurance. Except as may provided
elsewhere in this Code or in the laws of the County of Nassau or the
State of New York, no person, firm or corporation, whether contractor
or subcontractor, shall perform any construction work on residential
premises requiring the issuance of a building permit in the City of
Glen Cove without first having obtained a license from the Nassau
County Department of Consumer Affairs and without having in full force
and effect the insurance coverage required in this chapter.
[Added 7-26-2005]
[Amended 9-28-1982; 12-12-1984; 8-9-1988; 9-13-1988; 1-22-1991; 5-27-1997 by L.L. No. 2-1997]
A.
Each application for a permit shall be accompanied
by the required fee which shall be as set forth from time to time
by the City Council.[1] Any building or structure which is erected, constructed,
altered, improved or demolished without benefit of a building permit,
in violation of this chapter, shall not be issued the requisite permit
unless and until the applicant has paid a fee in the amount of three
times the rate established by the City Council for the processing
of building permits prior to construction.
[Amended 2-22-2000[2]]
B.
Recreation fees.
(1)
In every case where a building permit is sought for
the construction of dwelling units that are not included under a filed
subdivision plat, no permit shall be issued unless the applicant for
such permit shall first pay to the City of Glen Cove a sum, per dwelling
unit, for recreation purposes as set forth from time to time by the
City Council.[3]
[3]
Editor's Note: The fee schedule is on file
in the city offices.
(2)
For the purposes of this chapter, recreation purposes
shall include but shall not be limited to the acquisition and/or improvement
of recreational land or construction of capital recreational improvements
and/or facilities; and a dwelling unit shall mean one or more rooms
with provision for living, cooking, sanitary and sleeping facilities
arranged for the use of one family.
C.
Exemptions from fees. No fee shall be payable under
this section if:
(1)
The building or property is owned, operated or controlled
by the city, state or federal governments or any agency thereof; or
(2)
The owner of the building or property affected is
a corporation or association organized and operated exclusively for
houses of religious worship or nonprofit hospital organizations, or
for one or more such purposes, no part of the earnings of which ensures
to the benefit of any private group or individual, and provided that
the property affected is to be used exclusively by such corporation
or association for one or more of such purposes; or
(3)
The owner, developer or contractor of the building
or property affected is a corporation or association engaged in the
planning, development and construction of low and moderate affordable
housing as defined by HUD and the New York State Housing Trust Fund
within the city. In this regard, the owner, developer or contractor
shall also be exempt from the payment of filing fees which may be
required by either the Planning Board or the Board of Zoning Appeals.
However, this exemption shall not apply to the payment of sewer connection
fees which may be imposed upon the constructions.
A.
Issuance. After determining that the plans and specifications
and the prospective use are in accordance with the requirements herein
contained and with other provisions of this Code, the Building Department
Administrator shall issue a building permit for the prosecution of
the work. A conditional permit may be issued after the examination
of general plans and specifications, pending the receipt of further
detailed information required by the Building Department Administrator.
B.
Expiration. Unless construction under a building permit
has been completed and a certificate of occupancy issued within a
period of two years from the date of the issuance of the building
permit, the building permit shall expire by limitation, and there
shall be no refund of fees. In any event, however, where a building
permit has been issued and completion thereunder has not been accomplished
within two years from the date of the issuance of such building permit,
the same may be extended for a period of one year without the payment
of any further fees, by application to the City Council of the City
of Glen Cove showing extenuating circumstances. In any case, where
a building permit has been issued and no construction has been commenced
for a period of one year under said building permit, said building
permit shall expire and be null and void.
C.
Plans and specifications to be kept on site. During
the progress of the construction a set of plans and specifications
bearing the certification stamp or signature of the Building Department
Administrator shall be kept at all times on the premises involved.
All work shall be carried on in strict accordance with such plans
and specifications.
[Added 2-14-2023 by L.L. No. 1-2023]
A.
CONTRACTOR
MAJOR CONSTRUCTION PROJECT
MINOR CONSTRUCTION PROJECT
OSHA
OSHA 30-HOUR CLASS
(1)
(2)
OSHA 100-HOUR CLASS
(1)
(2)
PERMIT HOLDER
PERSON
SITE SAFETY DESIGNEE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Any person contracted or subcontracted to perform work covered
by this section for or on behalf of any other person.
The total demolition, alteration or construction of any building
or structure equal to or more than 50,000 gross square feet or exceeding
four stories or 45 feet above lowest adjacent grade elevation or more
than one story below lowest adjacent grade level.
The total demolition, alteration (more than 50% of the floor
area) or construction of any building or structure equal to or more
than 20,000 gross square feet.
The United State Department of Labor Occupational Safety
and Health Administration.
A class that includes 30 or more hours in construction industry
safety and health instruction that is intended for workers and satisfies
the following conditions:
Such class is i) approved by OSHA and conducted in accordance
with the OSHA, outreach training program or ii) an equivalent 30 or
more hour construction industry safety and health class approved by
the Building Department; and
Such class consists of in-person training, actively proctored
online training or, if such training is conducted before the effective
date of this section, online training.
A class or program that:
Includes 100 or more hours of training in technical subjects
relating to a construction trade, including an apprenticeship program
registered with the New York State Department of Labor; and
Is approved by OSHA, the United States Department of Labor,
the New York State Department of Education or the New York State Department
of Labor.
The person to whom a building permit has been issued or for
whom a building permit has been applied.
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.
A person who has completed an OSHA 100-hour class. On a major
construction project, the site safety designee shall use reasonable
prudence to ensure that safety is maintained as job conditions dictate
and shall complete any tasks required of a site safety designee under
this chapter.
B.
Safety
training requirements.
(1)
In addition to any other applicable City, state or federal law or
rule, each permit holder:
(a)
For a minor construction project, shall be responsible for ensuring
that each construction or demolition worker employed or otherwise
engaged in such project by the permit holder, or any person performing
work for or on behalf of such permit holder at such project, has successfully
completed and maintains a current OSHA 30-hour class certificate.
(b)
For a major construction project, shall be responsible for ensuring that a foreman or designated employee or individual otherwise engaged at such project by the permit holder, or any person performing work for or on behalf of such permit holder, is designated as a site safety designee. The site safety designee shall be tasked with ensuring that each construction or demolition worker employed or otherwise engaged at such project by the permit holder, or any person performing work for or on behalf of such permit holder at the project, is in compliance with Subsection B(1)(a) and shall report violations of this chapter to the Building Department.
(2)
The applicant, permit holder or any person performing such work on behalf of the permit holder shall certify to the Director of the Building Department, in a form and manner established by the Director, that the requirements of Subsection B(1)(a) and/or (b) have been met. No permit for construction or demolition work for which training is required pursuant to this section shall be issued or renewed until the applicant has certified that all workers who will be working under such permit will have the requisite training throughout the duration of such permit.
(3)
The applicant, permit holder or any person performing such work on
behalf of the permit holder shall certify that all New York State
and OSHA safety requirements and workers' compensation and insurance
requirements have been met.
(4)
The permit holder shall maintain at such site a daily log that identifies each such worker and that includes, for each such worker, proof of compliance with Subsection B(1)(a) and/or (b) as applicable. Such logs shall be made available to the Director of the Building Department and shall be submitted to the Building Department as a prerequisite to the issuance of a certificate of occupancy, certification of completion and/or certificate of approval.
C.
Penalties.
(1)
Any violations of this section by a permit holder shall be punishable
by a fine not less than $1,000 nor more than $10,000. Each worker
performing work on a construction site covered by this section without
required safety training shall constitute a separate additional offense.
Each day that the violation continues shall constitute a separate
additional offense.
(2)
For a second offense committed by a permit holder within a period
of five years, such violation shall be punishable by a fine of not
less than $3,000 nor more than $20,000 or by imprisonment for a period
not to exceed 15 days, or both.
(3)
Permits issued may be immediately revoked by the Building Department
if the permit holder is found to be in violation of this section.
(4)
The Building Department shall be authorized to issue stop orders
for violations of this section. Upon the issuance of a stop order,
the owner of the affected property, the permit holder and any other
person or contractor performing, taking part in or assisting in the
work shall suspend all building activities in violation of this section
until the stop order has been rescinded.
[Added 11-13-1990]
A.
All new or modified constructions utilizing prefabricated
support structures consisting of wood truss members with steel plate
connectors used in floor - ceiling assemblies shall require that formal
notification be given to the City Building Department Administrator,
the Glen Cove Fire Department Chief and the Chief of the Glen Cove
Police Department. Said notification shall be written and shall require,
in addition to formal notice, one set of building plans indicating
the location, number and composition of each such truss, including
the hardware used therein. Said construction shall conform to all
code standards as required by the New York State Uniform Fire Prevention
and Building Code.
B.
Wherever wood truss members with steel plate connectors
are utilized, said constructions shall be equipped with a sprinkler
system (which sprays both up and down) in all voids and attic spaces
in accordance with National Fire Protection Association (NFPA) Specification
13, Sections 4-3.7 and 4-4.4.
[Amended 12-11-1990; 2-26-1991]
A building permit may be revoked because of
any false statement or misrepresentation of material fact in the application,
or because of failure to supply additional information required within
a reasonable time, or because the work is not being executed in accordance
with any applicable provisions of this Code. Dereliction of the Building
Department Administrator in his or her duties shall not legalize any
violation of the provisions of this chapter. Notice of the revocation
of a building permit shall be deemed to be duly given by service upon
a responsible individual in charge at the premises or by mailing to
the post office address of the party to whom the permit was issued.
The Building Department Administrator shall have authority to stop
work peremptorily on any building where the continuance of work would
cause danger to life or property. Any expense involved in such measure
shall be paid to the city by the party to whom the permit was issued.
It shall be unlawful to proceed with any building work, other than
the correction of violations, after the revocation of a building permit;
nor shall any permit be reissued after revocation while any violations
of this chapter exist.
A.
Certificate required. No building hereafter constructed,
extended, reconstructed or altered shall be occupied until a certificate
of occupancy shall have been issued by the Building Department Administrator,
except that any building occupied during alteration may continue to
be occupied in accordance with the provisions of this chapter for
30 days succeeding the completion of such alteration. Such certificate
shall be issued by the Building Department Administrator within five
days of the date of application therefor, if the applicant was entitled
to such certificate at the time the application was made. Such certificate
shall be kept in evidence on the premises, unless the building is
a residence building for not more than two families.
B.
Change in occupancy. No change in occupancy shall
be made unless such change is covered by the certificate of occupancy.
C.
Contents.
(1)
A certificate of occupancy shall certify that the
premises involved conforms to the requirements of this chapter and
all other applicable provisions of this Code for the proposed occupancy,
which shall be stated in the certificate.
(2)
Every certificate shall show the purpose for which
the premises or building is to be used in its various parts, the permissible
live loads on all floors, the number of persons permitted on each
story if that number is limited by the provisions of this chapter
and any special stipulations which may be necessary under this chapter.
D.
Temporary certificates of occupancy. A temporary certificate of occupancy may be issued for a part of a building in advance of the completion of the whole, at the discretion of the Building Department Administrator as provided in § 280-11 of this Code.
E.
Certificates of occupancy for existing buildings.
Upon application from the owner of any existing building, a certificate
of occupancy shall be issued by the Building Department Administrator
to show the occupancy of such building at such time. For any such
certificate, the applicant shall pay a sum to the city as set forth
from time to time by the City Council.[1]
[Amended 5-27-1997 by L.L. No. 2-1997]
[1]
Editor's Note: The fee schedule is on file
in the city offices.
Copies of all approved plans and specifications
shall be kept on file by the Building Department Administrator, and
one set of officially stamped copies shall be returned to the applicant
upon issuance of the building permit. Filed copies shall be regarded
as public records and open to inspection, but this shall not authorize
the copying of any plan or the furnishing of copies of any specification
or part thereof.
A.
Notice to inspect.
(1)
It shall be the duty of the permittee or his or her
agent to notify the Building Department Administrator in writing not
less than 24 hours prior to the date inspection is requested that
he or she has completed each of the following stages of the building
which is being constructed, to wit:
(2)
Conduct of inspection. The Building Department Administrator
shall inspect the same within 48 hours after receipt of such written
notification and if the same has not been properly completed and the
Building Department Administrator shall be required to reinspect the
same, the permittee shall pay the sum of $10 for each reinspection.
A.
Barriers; fences; guardrails. All work shall be properly
safeguarded during construction. Fences may be required by the Building
Department Administrator. Barriers shall be provided about elevators
or hoists. Floors shall be laid as the work progresses. Openings in
floors shall be protected. Guardrails shall be supplied on scaffolds
which are more than 20 feet above the ground.
B.
Sheds. When any part of a building under construction,
alteration or demolition, which is more than 40 feet high, shall be
within 10 feet of a street line, a shed shall be provided over the
sidewalk for pedestrian passage. Such shed shall be not less than
six feet wide and not less than 6 1/2 feet high in the clear
and shall be kept lighted all night.
C.
Projections. No part of any building and no appurtenance
thereon shall project beyond any lot line; except that vaults or areaways
covered by iron doors opening upward or by iron gratings of not more
than one-half-inch mesh may, subject at any time to revocation by
the City Council without compensation, be permitted to project beyond
a street line not more than four feet, and except that purely decorative
details which are part of the construction and which (unless water
tables, sills, pilasters or belt courses) are not less than 10 feet
above the curb level may project not more than six inches beyond a
street line.
D.
Adjoining property. No adjoining property shall be
damaged by excessive terracing. Sheet piling or retaining walls shall
be employed in connection with excavations where necessary for the
protection of adjoining property.
E.
Loads. Loads prescribed in the New York State Uniform
Fire Prevention and Building Code shall not be exceeded during any
part of the operations of construction.
F.
Use of streets. No building material or equipment
shall be placed in any public street except to such extent and under
such conditions as may be prescribed in the permit.
G.
Demolition operation. Any building to be demolished
shall be taken down story by story. No materials shall be placed on
any floor during demolition, but all shall be at once lowered to the
ground.
A.
Unsafe buildings. When the Building Department Administrator
shall have reason to believe that any building is unsafe, he or she
shall cause the owner thereof to be notified. The Building Department
Administrator shall have power, in case of necessity, to cause the
premises to be vacated or the street or sidewalk to be closed or to
take any other measures necessary for safety to persons or protection
of property, including the building of temporary protective structures.
The owners of the premises shall reimburse the city for any expenditure
involved in these actions. It shall be the duty of any owner, within
48 hours after having received notice that his or her building is
unsafe, to begin such work as may be necessary in the interest of
permanent safety and to carry on such work diligently. No building
which shall have been vacated as the result of proceedings under this
section shall thereafter be occupied until a certificate of occupancy
shall have been issued as provided in this chapter.
B.
Collapsed buildings. The Building Department Administrator
shall have supervision and control of any work rendered necessary
by the collapse or failure of any building or part thereof. In all
such cases, a full report of facts shall be made by him or her to
the Mayor forthwith, together with such recommendations as may be
proper.
A.
Any applicant for a permit or any owner, lessee, architect
or builder, or agent thereof, who may be conducting a building operation
shall have the right of appeal from any decision or act of the Building
Department Administrator, provided that such appeal is filed within
10 days of the rendering of such opinion or the commission of such
act.
