[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.]
GENERAL REFERENCES
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.[2]
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.
A.
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.[1]
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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[1] and other applicable provisions of the Municipal Code and rules
and regulations.
C.
Application for a building permit shall be made to the
Village Clerk on forms provided by the Clerk and shall contain the following
information:
(1)
A description of the land on which the proposed work
is to be done.
(2)
A statement of the use or occupancy of all parts of the
land and of the building or structure.
(3)
The valuation of the proposed work.
(4)
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.
(5)
A brief description of the nature of the proposed work.
(7)
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.[1]
[1]
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.
B.
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.
C.
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.
D.
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.
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.
B.
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.
C.
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[1]]
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.
A.
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.
B.
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]
C.
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.
D.
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.[1]
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.
