[HISTORY: Adopted by the Board of Trustees of the Village of Williston Park 9-22-1975 by L.L. No. 2-1975 as Ch. 26 of the 1975 Code; amended 2-9-1981 by L.L. No. 1-1981. Subsequent amendments noted where applicable.]
Appearance tickets — See Ch. 4.
Architectural Review Committee — See Ch. 7.
Unsafe buildings — See Ch. 74.
Electrical standards — See Ch. 83.
Environmental quality review — See Ch. 87.
Inspections — See Ch. 116.
Landmark preservation — See Ch. 124.
Oil burners — See Ch. 146.
Plumbing — See Ch. 161.
Property maintenance — See Ch. 168.
Tanks for inflammable materials — See Ch. 198.
Zoning — See Ch. 230.
The purpose of this chapter is to provide for enforcement in the Village of Williston Park of the New York State Uniform Fire Prevention and Building Code.
The Village Board shall constitute a committee known as the "Village Building Committee." The Mayor shall be the Chairperson of the Village Building Committee. It shall be the duty of the Village Building Committee to act upon all applications made for building permits, and it shall issue such permits, as hereinafter provided, for all structures to be erected, altered or removed in the Village of Williston Park.
The Mayor, pursuant to Village Law § 4-400, Subdivision 1c, shall appoint annually a Building Inspector for a one-year term. The Building Inspector shall have had sufficient building experience to properly perform his or her duties. The compensation of the Building Inspector shall be fixed by the Village Board.
Building Advisory Board. The Mayor, pursuant to Village Law § 4-400, Subdivision 1c, shall appoint annually the members of a Building Advisory Board which shall consist of four members who shall be architects, engineers or builders and the Building Inspector. It shall be the duty of the Building Advisory Board to advise the Board of Trustees acting as the Village Building Committee on such matters as the Committee may deem necessary or appropriate.
Other officials and agencies. The Plumbing Inspector, the Oil Burner Inspector, the inspectors of the New York Board of Fire Underwriters and such other officials or agencies as may be directed pursuant to the provisions of the Municipal Code or other provisions of law shall also assist the Building Inspector in the enforcement of the State Uniform Fire Prevention and Building Code.
No officer or employee of the Building Department shall engage in any activity inconsistent with his or her duties or with the interests of the Building Department, nor shall such officer or employee, during the term of his or her employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Village of Williston Park, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him or her and not constructed for sale.
Except as otherwise specifically provided by law, this Municipal Code or rule or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of the State Uniform Fire Prevention and Building Code, this Municipal Code and laws and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.
The Building Inspector shall, after approval by the Village Board, issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with the State Uniform Fire Prevention and Building Code, this Municipal Code and laws, rules and regulations governing building construction.
The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of the State Uniform Fire Prevention and Building Code, this Municipal Code and applicable rules and regulations. The Building Inspector shall make all inspections which are necessary or proper for the carrying out of his or her duties, except that the Building Inspector may accept written reports of inspection from deputy building inspectors or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
Whenever the same may be necessary or appropriate to assure compliance with the provisions of the State Uniform Fire Prevention and Building Code, this Municipal Code and applicable laws, rules or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.
The Building Inspector shall keep permanent official records on all transactions and activities conducted by him or her, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.
The Building Inspector shall annually submit to the Village Board a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
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 Inspector 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 and do not exceed $500 in value.
The Building Inspector shall only issue a building permit after approval by the Village Board acting as the Village Building Committee or compliance with all the procedures specified in Chapter 230, Zoning, for obtaining special exception permits and/or variances and other applicable provisions of the Municipal Code and rules and regulations.
Application for a building permit shall be made to the Village Clerk on forms provided by the Clerk and shall contain the following information:
A description of the land on which the proposed work is to be done.
A statement of the use or occupancy of all parts of the land and of the building or structure.
The valuation of the proposed work.
The full name and address of the owner and of the applicant and the names and addresses of their responsible officers, if any of them are corporations.
A brief description of the nature of the proposed work.
Such other information as may be required by the Village Board to establish compliance of the proposed work with the requirements of the laws of the State of New York, State Uniform Fire Prevention and Building Code, all other applicable provisions of this Municipal Code and rules and regulations.
Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan drawn to scale and showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Village Board acting as the Village Building Committee, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
Plans and specifications shall bear the signature of the person responsible for the design, and the Village Board acting as the Village Building Committee may waive the requirement for filing plans.
Amendments to the application or the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Village Board acting as the Village Building Committee.
The Village Board acting as the Village Building Committee shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. It shall approve or disapprove the application within a reasonable time.
Editor's Note: Former § 26.32A-1, which immediately followed this subsection and was added 8-20-1984 by L.L. No. 2-1984, has been deleted. Said section established a temporary moratorium which has expired.
Upon approval of the application for a building permit, special exception permit or variance, the Building Inspector, as directed by the appropriate board, shall issue a permit to the applicant upon the form prescribed by the Village Board, and the Building Inspector and the Village Clerk shall affix their signatures thereto.
Upon the approval of the application, two sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant together with the building permit and shall be kept at the building site open to inspection by the Building Inspector or other appropriate officials or employees at all reasonable times.
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the applicable building regulations, other provisions of this Municipal Code, rules and regulations, the Village Board acting as the Village Building Committee shall return the plans and specifications to the applicant. Upon the request of the applicant, the Village Board shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Village Board may allow a maximum of two extensions for periods not exceeding three months each.
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Municipal Code of the Incorporated Village of Williston Park and applicable building laws, rules and regulations. All work shall conform to the approved application, plans and specifications.
Once construction has been commenced pursuant to a valid building permit issued pursuant to this chapter, such work shall continue in a normal construction sequence. If at any time such construction is terminated for a continuous period of 30 days, the construction site shall be completely enclosed with a six-foot wire mesh fence approved by the Building Inspector. Where such construction has been terminated or suspended for a continuous period of six months, then the permit issued pursuant to this chapter shall be revoked and said construction site shall be cleared of all construction material and debris and all and any excavations completely filled in to the approval of the Building Inspector. Failure to remove said debris or fill in an excavation will deem the site an unsafe building pursuant to Chapter 74 of the Municipal Code of the Incorporated Village of Williston Park.
[Added 7-20-1981 by L.L. No. 3-1981]
Upon the filing of an application for a building permit, the applicant shall pay all applicable fees and costs as required by Chapter 93, Fees, of this Municipal Code.
The Village Board acting as the Village Building Committee or the Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
Where the Building Inspector or Board finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
Where the Building Inspector or Board finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
Where the Building Inspector or Board finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the State Uniform Fire Prevention and Building Code, this Municipal Code or applicable building laws, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, the Building Inspector shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or her or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
Any building official, upon the showing of proper credentials and in the discharge of his or her duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
[Amended 2-10-1986 by L.L. No. 4-1986]
No building or structure shall be erected or placed or reconstructed, altered or modified and then occupied or used by any person(s) unless a current certificate of occupancy shall have been first obtained from the Building Inspector of the village after approval and authorization of the Village Board acting as the Village Building Committee. The certificate of occupancy shall state that all work has been completed and that the proposed use is in conformity with this Municipal Code and all other applicable building, plumbing and zoning laws and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.
The owner or his or her agent shall make application for a certificate of occupancy. If applicable, accompanying the application and before the issuance of a certificate of occupancy, there shall be filed with the Village Board acting as the Village Building Committee an affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his or her experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which the certificate of occupancy is sought and that the structure has been erected in accordance with the 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 affidavit.
In the case of any change in the use or type of occupancy or in the case of any new construction or in the case of any alteration, modification, reconstruction, addition or other change to an existing building or structure subject to the terms of this or any other regulation, local law or ordinance of the village or of the State of New York, no certificate of occupancy shall be issued or amended before the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy, and the Building Inspector may conduct such inspections as he or she deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
In the case of any request for a duplicate or copy of any certificate of occupancy previously issued by the village, no such duplicate or copy shall be issued before an inspection of the premises covered or alleged to be covered by such certificate has been made and completed by the Building Inspector and a certificate of compliance, based on such inspection, has been first issued to the applicant therefor.
In the case of any request for a duplicate or copy of a certificate of occupancy where the premises and any buildings or structures thereon were improved prior to the issuance of such certificates by the village, no letter in lieu of such certificate and/or no certificate of continued use shall be issued before an inspection has been made in accordance with the preceding subsection and a certificate of compliance, based on such inspection, has first been issued to the applicant therefor.
Every certificate of occupancy issued under the provisions of this section, and every letter in lieu thereof issued in its place and stead in the event that no such certificate was required by law at the time a subject parcel was improved by habitable buildings or structures presently erected thereon, shall indicate on the face thereof that no reliance may be placed on the legal validity of the same after 90 days from the date of issuance appearing thereon unless and until such certificate or letter has been revalidated by the Village Building Inspector. Revalidation shall be made only after application, in writing, on forms supplied by the village, on and after an inspection and issuance of a certificate of compliance by the Building Inspector. Such revalidation, if any, shall be good for 90 days from the date of issuance.
In the event that an inspection required by this section reveals violations of any provision of this Municipal Code or of the State Uniform Fire Prevention and Building Code or of any other building, plumbing or zoning regulation of the village, then a notice of violation shall be issued to the owner of the premises and said owner shall have 15 days to remove or correct said violation(s) or, failing the same, the owner's application for any certificate under the provisions of this section shall be denied and a summons or appearance ticket issued for such violation(s). The issuance of any such summons or appearance ticket shall automatically suspend any certificate of occupancy previously issued to or for the premises and shall nullify any certificate of compliance previously issued by the Building Department of the village. A notice to such effect shall be served upon or mailed (certified mail, return receipt requested) to the owner of record of such premises within five business days of the issuance of any such summons or appearance ticket and shall be entered into the property records for such premises maintained by the village.
Any building or structure which is altered, enlarged, reconstructed or modified and for which change an amended certificate of occupancy shall be required under the provisions of this section or any other provision of law or of this or any other regulation, local law or rule of the village shall not be used or occupied until the Building Inspector has issued a certificate of temporary use therefor or, in the event of the Building Inspector's refusal to issue the same for reasons of safety, until the issuance of the certificate of completion required by this section. The Building Inspector is hereby authorized to issue any such certificate of temporary use or a temporary certificate of occupancy if in the opinion of the Building Inspector such certificate would not expose any person to such hazards during completion of construction as to endanger the life, health or safety of any such person, provided that the duration of such certificate of temporary use or temporary certificate of occupancy shall not exceed six months.
Applications for a certificate of occupancy, a duplicate thereof or for a letter in lieu thereof, as the case may be, shall be made on forms provided therefor by the Village Clerk's office. Said applications shall be accompanied at the time of filing by an application and inspection fee in the amount as provided in Chapter 93, § 93-6 of the Municipal Code and by a copy of an up-to-date property survey or, in lieu thereof, a copy of an existing survey updated by a survey inspection.
In the event that any person(s) other than the owner of the premises shall apply for a certificate required by this section, such person shall provide satisfactory evidence that he or she is acting as the attorney in fact or lawful agent of the actual owner or shall submit an authorization from said owner, duly executed and acknowledged by the owner, stating that said other person is authorized to act on his or her behalf. Absent such evidence, in form satisfactory to the Village Clerk at the time of applying therefor, no application for the processing of such certificate shall be filed or accepted by the village.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to any regulation, rule, ordinance or law of the Village of Williston Park, the Building Inspector may require the same to be subjected to tests, at the owner's expense, in order to furnish proof of such compliance.
Anything herein to the contrary notwithstanding, an owner, anyone acting on behalf of the owner or any other person shall be entitled to obtain a photocopy of a previously issued certificate of occupancy, certificate of completion or letter in lieu thereof as a copy of a public record; provided, however, that in such event the Village Clerk shall endorse on said photocopy a statement indicating that no reliance may be placed on the legal validity of said certificate or letter, as the case may be, from the date of original issuance appearing thereon unless and until such certificate or letter has been revalidated by the Building Inspector, as provided in this section.
For the purposes of determining the applicability of the State Uniform Fire Prevention and Building Code, all areas zoned as business districts in Chapter 230, Zoning, of this Municipal Code shall be designated fire limits.
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Building Inspector or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this chapter or any lawful order, notice, direction, permit or certificate of the Building Inspector made thereunder shall be punishable as provided in Chapter 1, §§ 1-18 and 1-19 of this Code.
[Amended 10-1-1984 by L.L. No. 6-1984]
Except as provided otherwise by law, such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.
This section shall not apply to violation of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of the State of New York nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to the penalties prescribed in the preceding section.