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.
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.
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.
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:
A. 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.
B. 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.
C. 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.
D. 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]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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.
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.