[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates 5-3-1982 by L.L. No. 3-1982;
amended in its entirety 9-5-2007 by L.L. No. 5-2007. Subsequent amendments
noted where applicable.]
For purposes of this chapter, certain terms
and words are hereby defined. Words used in the present tense include
the future, words in the singular include the plural, and words in
the plural include the singular; the word "building" includes the
word "structure"; the word "shall" is mandatory; the word "lot" includes
the word "plot."
The State Energy Conservation Construction Code and the State Uniform Fire Prevention and Building Code, as currently in effect and as they may hereafter amended from time to time, this chapter, Chapter 200 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.
A structure having a roof supported by columns or walls for
the housing or enclosure of persons or property of any kind.
A permit issued pursuant to § 69-6 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.
A structure, building, or construction which is, in whole
or in part, in danger of physical failure or which may reasonably
be expected to fail under any prevailing or expected condition; or
any structure, building, construction, or premises which constitutes
a physical danger to persons or animals and which may be classified
as an attractive nuisance.
Certificates issued pursuant to § 69-10B of this chapter.
The Building Inspector appointed pursuant to § 69-2B of this chapter.
The Building Inspector and all inspectors.
An order issued by the Building Inspector pursuant to § 69-15A of this chapter.
A combination of materials attached or combined to create
an assembly which is fixed and shall include but is not limited to
buildings, sheds, swimming pools, fences, walls, platforms, fireplaces,
paved terraces, patios, porches, towers, signs, pavements, and sidewalks.
A movable opening in the exterior walls of a structure which
constitutes a means of entering or leaving the structure. This shall
include basement or cellar doors, garage doors, sliding doors, hinged
doors, full-length windows of all kinds, and fire escapes with their
appurtenant access provisions.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
A permanent, fixed physical object or construction, including
trees and planted areas, particularly those publicly owned by the
Village or any other municipal entity.
Provisions for heating or cooling the interior of a structure
using a centrally located unit which distributes its output to remote
points in the structure and which is operated by electricity or by
a local source of heat. So-called "unit heaters" or "room air conditioners"
designed for outputs of not more than 16,000 BTU's per hour are not
included under this definition.
An inspector appointed pursuant to § 69-2C of this chapter.
A parcel of land under single and separate ownership, which
may include one or more platted lots, occupied or intended for occupancy
by a use permitted by the Village Code, including not more than one
main building together with its accessory buildings, the yard areas
and parking spaces required by aforesaid law, and having its principal
frontage upon a public street or other approved way which provides
safe and adequate access.
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.
A permit issued pursuant to § 69-17 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.
A person to whom a building permit has been issued.
A drawing to a scale not smaller than 40 feet to the inch
showing the boundaries of a property, all existing construction thereon
and proposed construction, with dimensions and such other information
as may be required to establish conformity to existing laws or to
define nonconforming situations.
A parcel of land identified on the County Land and Tax Map
and all buildings and construction thereon.
An order issued pursuant to § 69-14 of this chapter.
A discrete part of a construction that is carrying all or
a portion of the vertical weight or the horizontal thrust of another
part of the same construction.
A construction.
A subordinate building or other construction, the use of
which is clearly incidental to or customarily found in connection
with the main building or principal use, and which is located on the
same lot as such main building or principal use.
A division of property into two or more parcels, whether
such division results in more than one lot or not, and regardless
of whether new or extended streets are created. Subdivision, for purposes
of this chapter, shall include a partitioning.
A plan drawn by a licensed surveyor or professional engineer,
to a scale not smaller than 40 feet to the inch, showing the metes
and bounds of a property, the locations of all construction thereon
and such other information as may be pertinent and which is certified
to the Village by the maker's seal and signature.
A certificate issued pursuant to § 69-10F of this chapter.
The State Uniform Fire Prevention and Building Code, as currently
in effect and as hereafter amended from time to time.
Those occupancies or usages specifically authorized by the
Village Code. In interpreting the Village Code there shall be no implied
reading to extend those laws to similar uses or to alleged similarity
by classes of uses.
An improvement, addition or change to property or buildings
which, under the rules of the County Board of Assessors, is to be
included in any computation of taxable value.
A.
The Building Inspector shall possess background and
experience related to building construction or fire prevention and
shall, within the time constraints established by law, obtain such
basic training, in-service training, advanced in-service training,
and other training as the state shall require for code enforcement
personnel, and the Building Inspector shall obtain certification from
the State Fire Administrator pursuant to the State Executive Law and
the regulations promulgated thereunder.
B.
In the absence of the Building Inspector, or in the
case of his or her inability to act for any reason, the Mayor shall
have the power, with the consent of the Board of Trustees, to designate
an Acting Building Inspector. The Acting Building Inspector shall,
during the term of his appointment, exercise any or all of the powers
and fulfill all duties conferred upon the Building Inspector.
C.
The Mayor, with the approval of the Board of Trustees,
may appoint one or more inspectors to act under the supervision and
direction of the Building Inspector and to exercise any portion of
the powers and duties of the Building Inspector as directed by him.
Each 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 shall require for code enforcement
personnel, and each inspector shall obtain certification from the
State Fire Administrator pursuant to the State Executive Law and the
regulations promulgated thereunder.
D.
No Building Inspector, Acting Building Inspector,
or inspector shall engage in any activity inconsistent with his duties
or with the interest of the Village; nor shall be, during the term
of his employment, be engaged directly or indirectly, in any building
business or in the preparation of plans or specification therefor
within the Village. This provision shall not prohibit the Building
Inspector, Acting Building Inspector, or inspector from such activities
in connection with the construction of a building or structure owned
and to be occupied by him or his family and not constructed for sale;
nor are such activities in conjunction with Village-owned buildings
and structures prohibited by this subsection; nor shall it prohibit
any person from holding an office in the Building Department together
with or as an additional duty to any other appointed office of the
Village.
E.
The Building Inspector shall have the following powers
and duties:
(1)
To receive, review, and approve or disapprove 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;
(2)
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;
(3)
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 the
investigation of complaints, and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To assure that the requisite fees required by this
chapter have been paid to the Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the applicable law, or to abate or correct conditions not in compliance
with the applicable law; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Building Inspector by this chapter.
Subject to such constitutional limitations as
may be applicable, the Building Inspector and his deputies are hereby
authorized and shall have the right, upon the showing of proper credentials
and in the discharge of their duties, to enter upon any building,
structure, or premises at any reasonable hour, and no person shall
interfere or prevent such entry.
The Building Inspector may request, so far as
may be necessary in the discharge of his duties, the assistance and
cooperation of the Police, Fire and Health departments, and all municipal
officials exercising any jurisdiction over the construction, use,
or occupancy of buildings or the installation of equipment therein.
A.
Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the applicable law, including but not limited to the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or other 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. In addition, a building permit will be required for any construction, alteration, addition, or demolition which meets one or more of the following criteria:
(1)
When the proposed construction will add assessable
market value to the parcel or structures.
(2)
When the proposed construction will alter or relocate
any load-bearing structural member of an existing building or change
the number, size, or location of windows or exterior doors.
(3)
When the proposed construction will involve new or
changed uses on any property or in any existing building/structure,
for example: the conversion of garage space into finished, heated
living space; the construction of a deck, terrace, or patio; or an
increase in the number of bedrooms by conversion of rooms previously
shown as being devoted to other purposes.
(4)
When the proposed actions are described, regulated,
controlled or specified directly in the Village's ordinances. This
would include but not be limited to:
(a)
Erection of signs;
(b)
Provisions for off-street parking;
(c)
Erection of accessory structures;
(d)
Provisions for disposal of sewage;
(e)
Installation of lawn sprinkler systems;
(f)
Cutting of street curbs or other access to streets;
(g)
Restoration of damaged buildings;
(h)
Subdivision of property;
(i)
Use of residential property for professional
or business purposes;
(j)
Installation of central air conditioning;
(k)
Installation of external lighting in C-1 Business
Districts;
(l)
Construction of swimming pools;
(m)
Permitted business uses C-1 Business Districts;
(n)
Screening of parking areas in C-1 Business Districts;
(o)
Removal or demolition of unsafe buildings;
(p)
Nonconforming uses: continuation, expansion
and termination thereof; and
(q)
Excavation, removal, relocation or depositing
of earth or other material in excess of certain limits.
B.
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 swimming pools associated with a one-
or two-family dwelling or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth of less than 18 inches
and are installed entirely above ground;
(3)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(4)
Installation of partitions or movable cases less than
five feet nine inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(6)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(7)
Replacement of any equipment or appliance, provided
the replacement does not alter the equipment's or appliance's listing
or render it inconsistent with the equipment's or appliance's original
specifications; or
(8)
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.
A.
The application for a building permit and its accompanying
documents shall contain sufficient information to permit a determination
that the intended work accords with the requirements of the applicable
law.
B.
The form of the permit and application therefor shall
be prescribed by the Building Inspector. The application shall be
signed by the owner of the premises (or his authorized agent) and
shall contain the following and such additional information as may
be required by the Building Inspector:
(1)
The full name and address of the owner and, if the
owner is a corporation or other legal entity, the name and addresses
of its authorized officers;
(2)
Identification and/or description of the premises
on which the work is to be performed, including the Tax Map designation
and the street address;
(3)
The occupancy classification of any affected building
or structure;
(4)
Description of the proposed work;
(5)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code;
(6)
Three sets of construction documents (drawings and/or
specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a state-registered architect
or licensed professional engineer;
(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 applicable law; and
(e)
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines.
(f)
Proposed construction which can be shown to
have a total cost of less than $4,000, or to involve only non-load-bearing
structural alterations, or is limited entirely to the installation
of plumbing, heating, pumping, or air-conditioning equipment, is exempt
from the requirement for the professional seal and signature on design
drawings, if not otherwise required by the Education Law, or other
applicable law;
(7)
The required fee under § 69-9. In addition to that fee, the Building Inspector may, at his own discretion, require the furnishing of cash deposits in cumulative sums (not to exceed $2,500) to ensure the removal of construction debris, the protection of the public from construction hazards, the protection of trees or other natural features on public lands from removal or damage during the course of construction and the restoration of curbing, street pavements, fencing or other publicly owned facilities which were altered, removed or damaged during construction.
C.
Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection B(6) of this section. 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 code enforcement personnel. 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.
D.
The applicant shall notify the Building Inspector
of any changes in the information contained in the application during
the period for which the permit is in effect. Amendments, if any,
to the application or to the plans and specifications accompanying
the same shall be filed with the Building Inspector and approval shall
be received from the Building Inspector prior to the commencement
of such change of work. Notwithstanding any law, ordinance, or regulation
to the contrary, the Building Inspector may not grant approval to
any amendment or amendments when, in his sole discretion, the scope
of the amendment or amendments, individually or in the aggregate,
would constitute a major change in the concept or scope of the originally
contemplated work. Under the aforesaid conditions, when the Building
Inspector may not grant approval of an amendment, before work may
continue, a new permit application for all of the contemplated work
(including the work that may have been done, legally or illegally,
under the building permit that could not be amended) must be filed
with the appropriate fees and approved.
E.
Pursuant to General Municipal Law § 125,
no building permit shall be issued without obtaining from the permit
applicant either:
(1)
Proof that workers' compensation insurance and disability
benefits coverage issued by an insurance carrier in a form satisfactory
to the Chair of the Workers' Compensation Board, as provided for in
§ 57 of the Workers' Compensation Law, is effective; or
(2)
An affidavit that the permit applicant has not engaged
an employer or any employees, as those terms are defined in § 2
of the Workers' Compensation Law, to perform work relating to such
a building permit.
F.
After it is determined to be complete, an application
for a building permit shall be examined to ascertain whether the proposed
work is in compliance with the applicable requirements of the applicable
law. The Building Inspector shall issue a building permit if the proposed
work is in compliance with the applicable requirements of the applicable
law. The authority conferred by such permit may be limited by conditions,
if any, contained therein.
G.
All work shall be performed in accordance with the
construction documents submitted with and accepted as part of the
application for the building permit, and the building permit shall
contain such a directive. The permit holder shall immediately notify
the Building Inspector of any change occurring during the course of
the work, and 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.
H.
If the Building Inspector determines that a building
permit was issued in error because of incorrect, inaccurate, or incomplete
information, or that the work for which a building permit was issued
violates the applicable law, or that the work to which it pertains
is not proceeding in conformance with the applicable law or with any
condition attached to such permit, or the permit holder fails or refuses
to comply with a stop-work order issued by the Building Inspector,
or where the permit holder does not commence construction within six
months after the date of issuance or complete construction within
a period of one year, unless the building permit is extended, then
the Building Inspector shall revoke the building permit or suspend
the building permit until such time as the permit holder demonstrates
that:
[Added 6-2-2008 by L.L. No. 3-2008]
When an application for a building permit involving the exterior appearance of a building or structure is made to the Building Inspector, he shall, within three business days after such application has been duly filed, refer said application to the Architectural Review Board, in accordance with the provisions of Chapter 15, Architectural and Landscaping Review.
[Added 6-2-2008 by L.L. No. 3-2008]
No building permit shall be issued for any proposed
work where there is an existing violation of any applicable law upon
the subject premises, except to cure such violations or in an emergency
situation, as determined by the Building Inspector, such as, by way
of example and not limitation, a request for a permit concerning a
sanitary system or cesspool. In such an emergency situation, the Building
Inspector may issue a temporary building permit, upon oral application
and payment of the designated fee, which temporary permit shall be
valid for a period of two weeks. Temporary building permits may not
be renewed or extended except upon a showing of good cause and due
diligence on behalf of the applicant or in order to protect the public
health, safety, and/or welfare.
[Amended 11-3-2008 by L.L. No. 9-2008]
A.
A building permit issued pursuant to this chapter
shall be prominently displayed on the premises to which it pertains
and shall remain visible until the authorized work has been completed.
B.
A building permit issued pursuant to this chapter
shall expire six months from the date of issuance unless the authorized
work is commenced within that time.
C.
A building permit initially issued pursuant to this
chapter shall expire nine months from the date of issuance or upon
the issuance of a certificate of occupancy (other than a temporary
certificate of occupancy), whichever occurs first.
D.
Extensions.
(1)
A building permit may be extended by the Building
Inspector for not more than four three-month extension periods, upon
written application, provided:
(a)
The permit has not been revoked or suspended
at the time the application for extension is made;
(b)
The applicant is proceeding with due diligence;
or, if not, has provided a reasonable basis for the Building Inspector,
in his or her sole discretion, to believe that the applicant will
proceed with due diligence if the permit is extended;
(c)
The relevant information in the application
is up-to-date;
(d)
The approval of the application for extension
is granted by the Building Inspector; and
(e)
The extension fee is paid.
(2)
In the event that a building permit is not extended
by the Building Inspector, either for one of said four three-month
extensions or after the fourth extension has or is about to expire,
the applicant may seek an extension from the Board of Trustees. In
determining whether or not to grant said extension, and the period
of time for which such extension should be granted, the Board of Trustees
may consider the following criteria, among others:
(a)
The reason for the delay in construction;
(b)
The status of the construction;
(c)
Whether or not the applicant has properly maintained
the premises in a clean, appropriate, and safe condition;
(d)
Whether the applicant is building in accordance
with the approved plans and the approvals from the Village's boards;
(e)
Whether or not the applicant has shown that
if the extension is granted it will thereafter complete the work with
due diligence;
(f)
The adverse impact upon the adjacent property
owners and the community by the granting or the denial of the application;
(g)
Methods to mitigate the adverse impacts of the
delay in construction, such as, but not limited to, by requiring regrading
or other stormwater drainage controls, and/or requiring landscaping
and/or other screening, cleaning windows and removing labels therefrom,
providing evening interior and/or exterior lighting; and
(h)
Requiring a completion bond, cash bond, or other
financial security to assure that the construction is thereafter pursued
with diligence, which may include liquidated damages for delay beyond
any further extension.
(3)
The Board of Trustees may grant additional extensions
based upon a consideration of the same criteria set forth above for
the first extension.
E.
In the event that the work for which a building permit
has been issued has not been completed prior to the expiration of
such building permit, including any extensions thereto, such construction
conclusively shall be deemed abandoned.
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 county and state regulatory rules and regulations, as directed
by the Building Inspector.
C.
Backfill any open excavation up to the level prior
to the excavation 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 has
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 Review
Board and shall be implemented within 60 days after the abandonment,
or as otherwise approved by such Board.
F.
If the construction of the building or structure has
proceeded beyond the cellar excavation, the owner shall:
(1)
Remove all abandoned construction above grade;
(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 plan to effectuate an appropriate
aesthetic appearance of the uncompleted structures from adjacent properties,
public and private; such planting plan shall be subject to the approval
of the Village's Architectural Review Board and shall be implemented
within 60 days of the abandonment, or as otherwise approved by such
Board; and
(4)
In the event that the abandoned construction was an
addition or alteration of the legal building or other structure, or
the construction was substantial, or for such other reasons as the
Board of Trustees, in its sole discretion, may deem appropriate, the
Board of Trustees may direct that other remedial action be taken to
immediately bring the abandoned construction into conformity with
the Village Code and other appropriate laws, ordinances, and regulations.
A schedule of fees applicable to all applications,
inspections, and other actions made under this chapter may be established,
and amended from time to time, by resolution of the Board of Trustees.
Such fees may be charged for the submission of applications, issuance
of building permits, certificates of occupancy, certificates of compliance,
amended building permits, renewed building permits, temporary certificates,
and for firesafety and property maintenance inspections, and other
actions of the Building Inspector described in or contemplated by
this chapter.
A.
A certificate of occupancy shall be required for any
work which is the subject of a building permit and for all structures,
buildings, or portions thereof which are converted from one use or
occupancy classification or subclassification to another. Permission
to use or occupy a building or structure, or portion thereof, for
which a building permit and certificate of occupancy was previously
issued shall be granted only by issuance of a certificate of compliance.
Any other work for which a certificate of occupancy is not required
must obtain a certificate of compliance.
B.
The owner shall make written application for a certificate
of occupancy or certificate of compliance. This application shall
state that the deponent has examined the approved plans of the construction
for which a certificate of occupancy or compliance is sought, that
the construction has been done in accordance with approved plans and,
as erected, complies with the law governing building construction
except insofar as variations therefrom have been legally authorized.
Such variations shall be specified in the application. Unless waived
by the Building Inspector in specific instances, for good and sufficient
reasons, every application for the issuance of a certificate of occupancy
or compliance shall be accompanied by a final survey by a licensed
surveyor showing all pertinent information needed to determine that
the construction for which the certificate is sought was built and
located as described in the approved permit documents. Where substantial
deviations or alterations from the filed plans were duly authorized
during and as part of construction, the Building Inspector may, in
his sole judgment, require the filing of "as-built" plans, and no
certificate of occupancy or compliance shall be issued prior to the
submission and acceptance of such plans. Wherever electrical work
of any kind is included under the approved and issued permit, the
application for certificate of occupancy or compliance shall include
a copy of the inspection certificate applicable to the premises and
the construction covered by the permit and issued by the New York
Board of Fire Underwriters or similar entity approved by the Board
of Trustees.
C.
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 all applicable
provisions of the applicable law and, if applicable, the structure,
building or portion thereof that was converted from one use or occupancy
classification or subclassification to another complies with all applicable
provisions of the 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. A certificate of occupancy or certificate of compliance
shall be issued, where appropriate, within a reasonable time, and
in no event more than 30 days after application therefor is made.
D.
The Building Inspector shall have the power to withhold the issuance of any certificate of occupancy or compliance pending the removal of building debris and discarded materials from the building site and the repair of damages done to publicly owned facilities adjoining or in the vicinity of the construction site. If, in the opinion of the Building Inspector, the continued presence of such materials or the extent of the damages to public property constitutes a hazard to health and safety or the general welfare, he may cause such material to be removed or repairs to be made, and any deposit required under § 69-6B(7) shall be forfeited. This remedy shall be in addition to any other remedy permitted by law.
E.
Each certificate of occupancy and certificate of compliance
shall contain the following information:
(1)
The building permit number, if any, and of any extensions
or renewals thereof;
(2)
The date of issuance of the building permit, if any,
and of any extensions or renewals thereof;
(3)
The name, 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.
F.
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 that the building or structure, or the portion
thereof covered by the temporary certificate, may be occupied safely,
any fire- and smoke-detecting or fire protection equipment which has
been installed is operational, and that all required means of egress
from the building or structure have been provided. The Building Inspector
may include in a temporary certificate such terms and conditions as
he deems necessary or appropriate to ensure safety or to further the
purposes and intent of the Uniform Code. A temporary certificate shall
be effective for a period of time, not to exceed six 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 all applicable
provisions of the applicable law.
G.
If the Building Inspector determines that a certificate
of occupancy or certificate of compliance or 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.
H.
The fee specified in or determined in accordance with the provisions set forth in § 69-9 of this chapter must be paid at the time of submission of an application for a certificate of occupancy or certificate of compliance or temporary certificate.
I.
It shall be unlawful to use or permit the use of any land or part thereof or any building or structure or part thereof hereafter erected, constructed, reconstructed, altered, changed, or converted wholly or partly in its use until a certificate of occupancy or certificate of compliance, to the effect that the building, structure, or land or the part thereof so erected, constructed, reconstructed, altered, changed, or converted and the proposed use thereof conform to the provisions of this chapter and Chapter 200,[1] shall have been issued by the Building Inspector. The
foregoing shall not prohibit the occupancy of a building or other
structure that is being reconstructed, altered, changed, or converted,
while a legal unexpired building permit is in effect, when such occupancy
is expressly authorized by the Building Inspector, subject to such
conditions and limitations as may be placed upon such occupancy by
the Building Inspector.
[Added 11-3-2008 by L.L. No. 8-2008]
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.
A.
Inspections during construction.
(1)
Work for which a building permit has been issued hereunder
shall be inspected by the Building Inspector for approval prior to
enclosing or covering any portion thereof and upon completion of each
stage of construction, including but not limited to building location,
site preparation, excavation, foundation, framing, superstructure,
electrical, plumbing, and heating and air conditioning. It shall be
the responsibility of the owner, applicant, or its agent to inform
the Building Inspector that the work is ready for inspection and to
schedule such inspection.
(2)
It shall be the responsibility of the owner, applicant,
or its agent to provide a list, at its expense, of all work which
requires special inspections during construction. A statement of the
special inspections, including a complete list of materials and work
requiring such inspections, and a list of the individuals and approved
agencies to conduct such special inspections shall be provided to
the Building Inspector or his designee for the permit application
file. The reports of such special inspections shall be provided to
the Building Inspector or his designee for the Village's records.
(3)
If the Building Inspector is denied access or entrance
to make an inspection for any reason, the Board of Trustees, after
being notified by the Building Inspector of the situation, may apply
to any court of competent jurisdiction for an order authorizing the
Building Inspector to make such inspection.
B.
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,
and gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized
by the building permit has been completed.
C.
After inspection, the Building Inspector shall confirm
in writing that the work or a portion thereof is satisfactory as completed,
or the permit holder shall be notified as to where the work fails
to comply with the applicable law. Work not in compliance with any
applicable provision of the applicable law shall remain exposed until
such work shall have been brought into compliance with all applicable
provisions of the applicable law, reinspected, and found satisfactory
as completed.
D.
Whenever there are reasonable grounds to believe that
any material, construction, equipment, or assembly may not conform
to the requirements of the applicable law or filed plans, the Building
Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance. Such tests shall be performed at
the sole expense of the permit holder.
E.
Fire prevention and property maintenance inspections:
(1)
Multiple dwellings shall be inspected for the purpose
of determining compliance with fire prevention and property maintenance
requirements of the Uniform Code at least once every 36 months. Inspections
of such buildings shall include the common areas, such as halls, foyers,
and staircases, and vacant dwelling units. Where the tenants of occupied
dwelling units allow, the inspection may include such units.
(2)
Fire safety and property maintenance inspections 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 amusement, 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," and of dormitories shall be performed
at least once every 12 months.
(3)
All other buildings, uses, and occupancies (except
one- and two-family dwellings) shall be inspected at least once every
24 months.
(4)
An inspection of a building or dwelling unit may also
be performed at any other time upon:
(a)
The request of the owner, authorized agent,
or tenant;
(b)
Receipt of a written statement alleging that
conditions or activities failing to comply with the applicable law
exists; or
(c)
Other information received by the Building Inspector,
reasonably believed by the Building Inspector to be reliable, providing
reasonable cause to believe that conditions or activities failing
to comply with the applicable law exist; provided, however, that nothing
in this subsection shall be construed as permitting an inspection
under any circumstances under which a court order or warrant permitting
such inspection is required, unless such court order or warrant shall
have been obtained.
F.
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 State Executive Law
§ 156-e and State Education Law § 807-b.
G.
The fee specified in or determined in accordance with the provisions set forth in § 69-9 of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections 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.
The Building Inspector shall review and investigate
complaints which allege or assert the existence of conditions or activities
that fail to comply with the applicable law. The process for responding
to a complaint shall include such of the following steps as the Building
Inspector 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 § 69-15 of this chapter;
C.
If appropriate, issuing a stop-work order; and/or
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.
A.
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:
(1)
Any work that is determined by the Building Inspector
to be contrary to any applicable provision of the 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
(2)
Any work that is determined by the Building Inspector to be conducted in violation of any provision of the Code of the Village, including, but not limited to, a violation of § 106-4C of this Code, or in a dangerous or unsafe manner, 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
[Amended 10-6-2008 by L.L. No. 7-2008]
(3)
Any work for which a building permit is required,
which is being performed either without the required building permit
or under a building permit that has become invalid, has expired, or
has been suspended or revoked.
C.
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.
D.
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, 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 § 69-15 of this chapter. 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.
A.
The Building Inspector is authorized to order in writing
the remedying of any condition or activity found to exist in, on,
under, or about any building, structure, or premises in violation
of the 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 the
applicable law;
(4)
Specify the provision or provisions of the applicable
law which is/are violated by the specified condition or activity;
(5)
Specify the period of time which 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.
The Building Inspector and each inspector are authorized
to issue appearance tickets for any violation of the applicable law.
C.
In addition to those penalties prescribed by applicable
law:
[Added 10-6-2008 by L.L. No. 6-2008[1]]
(1)
If the Building Inspector reasonably believes that a violation of § 106-4C, Prohibited noise; exceptions, of Chapter 106, Noise, of this Code, has occurred, all of the building permits for the premises whereat such violation occurred shall be suspended for not less than two weeks or for such longer period as may be determined by the Building Inspector as necessary to assure that no further violation of such subsection occurs at the premises.
(2)
If the Building Inspector reasonably believes a person has violated said § 106-4C, all of the building permits issued to such person within the Village, whether or not they are for the premises whereat such violation occurred, shall be suspended for not less than two weeks or for such longer period as may be determined by the Building Inspector as necessary to assure that such person does not further violate such subsection.
(3)
If the Building Inspector reasonably believes a person has violated said § 106-4C, said person shall not perform any other work within the Village for a period of two weeks or for such longer period as may be determined by the Building Inspector as necessary to assure that such person does not further violate such subsection.
D.
In addition to those penalties prescribed by any applicable
law, as defined for the purposes of this chapter, any violation of,
or failure to comply with, any provision of any applicable law, or
any term or condition of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, notice of violation, or any other notice or order
issued by the Building Inspector pursuant to any provision of this
chapter, shall constitute a violation, punishable as follows: for
a conviction of a first offense, by a fine of not more than $1,000
or imprisonment for a period not to exceed 15 days, or both such fine
and imprisonment; for a conviction of a second offense, both of which
were committed within a period of five years, by a fine of not less
than $1,000 nor more than $5,000 or imprisonment for a period not
to exceed 15 days, or both such fine and imprisonment; and for a conviction
of a third or subsequent offense, all of which were committed within
a period of five years, by a fine of not less than $5,000 nor more
than $10,000 or imprisonment for a period not to exceed 15 days, or
both such fine and imprisonment. Each and every day on which any such
violation or failure occurs or continues shall constitute a separate
violation.
[Added 5-5-2008 by L.L. No. 2-2008;
amended 12-9-2013 by L.L. No. 7-2013]
E.
In addition to those penalties prescribed by applicable
law, any person who violates any provision of the applicable law or
other notice or order issued by the Building Inspector pursuant to
any provision of this chapter shall be liable to a civil penalty of
not more than $500 for each day or part thereof during which such
violation continues. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of the Village.
F.
An action or proceeding may be instituted in the name
of the Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the applicable law, or other notice or order issued
by the Building Inspector pursuant to any provision of this chapter.
In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation of any provision
of the applicable law, an action or proceeding may be commenced in
the name of the Village in the Supreme Court or in any other court
having the requisite jurisdiction, to obtain an order directing the
removal of the building or structure or an abatement of the condition
in violation of such provisions. No action or proceeding described
in this subsection shall be commenced without the appropriate authorization
from the Board of Trustees.
G.
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 § 69-14 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 § 69-14 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 Executive Law 382, 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 Executive Law 382.
A.
The Building Inspector shall cause stop-work orders
and compliance orders to be served upon an owner in either of the
following manners:
(1)
Personally upon the owner; or
(2)
By posting and mailing as follows:
(a)
Posting.
[1]
If the premises are improved with a building,
such notice shall be posted on the front door of the building.
[2]
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.
B.
The Building Inspector shall be permitted, but not
required, to cause stop-work orders, compliance 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 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.
A.
Operating permits required. Any person who proposes
to undertake any activity or to operate any type of building listed
below shall be required to obtain an operating permit prior to commencing
such activity or operation:
(1)
Manufacturing, storing, or handling hazardous materials
in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2),
2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code
of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(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 adopted by the Board of Trustees.
B.
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 the Uniform Code. 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.
The Building Inspector shall inspect the subject premises
prior to the issuance of an operating permit.
D.
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.
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.
If the Building Inspector determines that any activity
or building for which an operating permit was issued does not comply
with any applicable provision of the Uniform Code, such operating
permit shall be revoked or suspended.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)
All applications received, reviewed, and approved
or denied;
(2)
All plans, specifications, and construction documents
approved;
(3)
All building permits, certificates of occupancy, certificates
of compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All other features and activities specified in or
contemplated by the applicable law; and
(9)
All fees charged and collected.
B.
All such records shall be public records open for
public inspection during normal business hours. 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 the
state.
A.
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 § 69-18 of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
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.
C.
The Building Inspector shall, upon request of the
New York State Department of State, provide to the New York State
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.
A.
All buildings, structures or premises which are not
provided with adequate egress or are structurally unsafe, unsanitary,
or otherwise dangerous to human life, or which in relation to existing
use constitute a hazard to safety or health by reason of inadequate
protection, maintenance, dilapidation, obsolescence, or abandonment,
are, severally for the purpose of this chapter, unsafe constructions.
All such unsafe buildings, structures, or premises are hereby declared
to be illegal and shall be abated by repair and rehabilitation or
by demolition in accordance with the procedure of this section.
B.
The Building Official shall examine or cause to be
examined all premises reported as unsafe or damaged or unprotected
so as to constitute an attractive nuisance and shall make a written
record of such examination. Subject to such constitutional limitations
as may be applicable, upon the showing of proper credentials and in
the discharge of his duties, the Building Inspector may enter any
building, structure, or premises at any reasonable hour, and no person
shall interfere with or prevent such entry.
D.
If the Building Inspector finds that there is actual
and immediate hazard so as to endanger life or threaten injury to
persons or property, he shall issue notice requiring the building,
structure, or portion thereof to be vacated forthwith and not reoccupied
until the specified emergency repairs and improvements are completed,
inspected, and approved by the Building Inspector. The Building Inspector
shall cause to be posted at each entrance to such premises a notice
stating "This construction is unsafe and its use or occupancy has
been prohibited by the Building Inspector." Such notice shall remain
posted until the required repairs are made or demolition is completed.
It shall be unlawful for any person to remove such notice without
the written permission of the Building Inspector, or for any person
to enter the structure except for the purpose of making the required
repairs or of demolishing said structure.
The Board of Trustees may, by resolution, 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 the Uniform
Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any
other applicable law.
If any section of this chapter shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder of this chapter.
