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Village of Baxter Estates, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Baxter Estates 9-19-2005 by L.L. No. 1-2005; amended in it entirety 1-22-2007 by L.L. No. 1-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings and property — See Ch. 80.
Zoning — See Ch. 175.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to § 78-4 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.
CERTIFICATE OF OCCUPANCY and CERTIFICATE OF COMPLIANCE
Certificates issued pursuant to § 78-7B of this chapter.
CODE ENFORCEMENT OFFICER
The Village Superintendent of Buildings appointed pursuant to § 78-2B of this chapter.
[Amended 3-7-2019 by L.L. No. 1-2019]
CODE ENFORCEMENT PERSONNEL
Includes the Village Superintendent of Buildings and all inspectors.
[Amended 3-7-2019 by L.L. No. 1-2019]
COMPLIANCE ORDER
An order issued by the Village Superintendent of Buildings pursuant to § 78-15A of this chapter.
[Amended 3-7-2019 by L.L. No. 1-2019]
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 78-2C of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 78-11 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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
STOP-WORK ORDER
An order issued pursuant to § 78-10 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 78-7B(4) of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
VILLAGE BOARD
The Board of Trustees of the Village of Baxter Estates.
VILLAGE SUPERINTENDENT OF BUILDINGS
The officer appointed pursuant to § 78-2 of this chapter.
[Amended 3-7-2019 by L.L. No. 1-2019]
VILLAGE ZONING CODE
Chapter 175 of the Code of the Village of Baxter Estates, as duly amended from time to time by the Village Board, and any successor Code provision or local law.
VILLAGE
The Village of Baxter Estates.
[Amended 3-7-2019 by L.L. No. 1-2019]
A. 
The Village Superintendent of Buildings 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 of New York shall require for code enforcement personnel, and the Village Superintendent of Buildings shall obtain certification from the State Fire Administrator pursuant to the New York State Executive Law and the regulations promulgated thereunder.
B. 
In the absence of the Village Superintendent of Buildings, 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 Village Board, to designate a person to act on behalf of the Village Superintendent of Buildings and to exercise any or all of the powers conferred upon him or her by this chapter. Without in any way limiting the foregoing, the Village Board may, by resolution, designate the Village Clerk or any other Village official to execute, issue and deliver any and all orders, instruments, certificates or other official documents of any type or nature contemplated hereunder to be executed, issued or delivered by the Village Superintendent of Buildings, including, without limitation, certificates of occupancy, certificates of completion, building permits, orders to remedy, stop-work orders and appearance tickets. The Village Board may authorize joint execution by the Village Superintendent of Buildings and any other person or entity, including the Village Clerk or other Village official, in which case execution by one or the other shall be deemed sufficient for all purposes.
C. 
The Mayor, with the approval of the Village Board, may appoint one or more inspectors to act under the supervision and direction of the Village Superintendent of Buildings and to exercise any portion of the powers and duties of the Village Superintendent of Buildings as directed by him or her. 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 of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
D. 
The compensation for the Village Superintendent of Buildings, acting Village Superintendent of Buildings and inspectors shall be fixed and adjusted as needed by the Village Board.
E. 
The Village Superintendent of Buildings 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 Village Superintendent of Buildings 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;
(6) 
To issue orders pursuant to § 78-15A, Compliance order, of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Village Board;
(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 Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Village Superintendent of Buildings by this chapter.
A. 
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or 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 Village Superintendent of Buildings.
[Amended 3-7-2019 by L.L. No. 1-2019]
B. 
Exceptions. 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 24 inches and are installed entirely above ground;
(3) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(4) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(5) 
Installation of partitions or movable cases less than five feet nine inches in height;
(6) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(7) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(8) 
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
(9) 
Repairs, provided that such repairs do not involve the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; the enlargement, alteration, replacement or relocation of any building system; or the removal from service of all or part of a fire protection system for any period of time.
C. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. 
Obligation of owner and permit holder concerning public property.
[Added 3-7-2019 by L.L. No. 2-2019]
(1) 
Each record owner of real property located within the Village with respect to which a building permit application is submitted to the Village under § 78-4 of this Chapter, and each signatory to such application, if different than such owner, is defined for purposes of this Subsection D as a "permittee." Each permittee, at the expense of such permittee, shall repair, restore, replace or remediate, to the reasonable satisfaction of the Superintendent of Buildings, all real and personal property of the Village, and all real and personal property located in or on Village property that is owned by any other governmental agency or by any public utility, including, without limitation, streets, sidewalks, curbing, trees, plantings, signage, poles, and utility infrastructure (collectively, "public property"), that is damaged or destroyed in the course of the work authorized by any building permit issued by the Village Building Department to such permittee under this § 78-3. The work so authorized is defined for purposes of this Subsection D as the "permitted work." The real property located within the Village with respect to which such building permit is issued is defined for purposes of this Subsection D as the "subject property."
(2) 
Prior to the commencement of any permitted work, the Superintendent of Buildings shall make or cause to be made a documentary record, digitally, electronically or in hard copy (e.g., with photos, video, or other reasonable means), of the condition of public property in such proximity to the subject property, or otherwise of such a nature, that the Superintendent of Buildings determines, based upon experience with projects of a similar nature or scope, could reasonably be exposed to damage or destruction during the course of the permitted work.
(3) 
It shall be a condition to the issuance by the Superintendent of Buildings of any certificate of completion, certificate of compliance, certificate of occupancy or other certificate or document evidencing completion of any permitted work under § 78-7 of this chapter that the permittee shall have repaired, restored, replaced or remediated, to the reasonable satisfaction of the Superintendent of Buildings, all public property damaged or destroyed in the course of the permitted work.
(4) 
The Superintendent of Buildings shall provide to any permittee determined by the Superintendent of Buildings to be obligated to repair, restore, replace or remediate any Public Property under this Subsection D a written notice, signed by the Superintendent of Buildings, identifying such obligation in reasonable detail (the "public property remediation notice"). Each permittee shall have the right to appeal in writing to the Village Board of Trustees any determination made by the Superintendent of Buildings in a public property remediation notice: (i) that damage or destruction to public property has occurred during the course of the permitted work; (ii) as to the pre-existing condition of public property determined by the Superintendent of Buildings to have been damaged or destroyed; and (iii) as to the appropriate remediation (whether physical restoration, repair or replacement, or payment to the Village in lieu of physical restoration, repair or replacement) for which such permittee is responsible pursuant to the terms and conditions of this Subsection D of § 78-3. Such appeal shall be made in writing, signed by the permittee, delivered to the Village Clerk not more than 30 days after the Superintendent of Buildings has delivered the public property remediation notice. Such appeal shall be heard at a public meeting of the Board of Trustees. The determination of the Board of Trustees with respect to any such appeal shall be final and non-appealable.
(5) 
The obligations of a permittee hereunder are in addition to, and not in lieu of, the obligations that such permittee may have under any other provision of the Code of the Village of Baxter Estates, including, without limitation, under Chapter 152, "Streets and Sidewalks," or under any other federal, state or local law, rule or regulation.
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 Uniform Code and the Energy Code and the Village Zoning Code.
B. 
The form of the permit and application therefor shall be prescribed by the Village Superintendent of Buildings. The application shall be signed by the owner (or his or her authorized agent) of the premises and shall contain at least the following:
[Amended 3-7-2019 by L.L. No. 1-2019]
(1) 
Full name and address of the owner and, if by 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 done, including the Tax Map number 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) 
At least two sets of construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer, where so required by the Education Law;
(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 Uniform Code and the Energy Code; 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; and
(7) 
The required fee.
C. 
Construction documents. 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 Village Superintendent of Buildings in writing or by stamp. One set of the accepted construction documents shall be retained by the Village Superintendent of Buildings, 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.
[Amended 3-7-2019 by L.L. No. 1-2019]
D. 
Changes. The applicant shall notify the Village Superintendent of Buildings of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work has been determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Village Superintendent of Buildings, and approval shall be received from the Village Superintendent of Buildings prior to the commencement of such change of work.
[Amended 3-7-2019 by L.L. No. 1-2019]
E. 
Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code, the Energy Code and this chapter. The Village Superintendent of Buildings shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code, the Energy Code and this chapter.
[Amended 3-7-2019 by L.L. No. 1-2019]
F. 
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Village Superintendent of Buildings of any change occurring during the course of the work. The building permit shall contain such a directive. If the Village Superintendent of Buildings 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.
[Amended 3-7-2019 by L.L. No. 1-2019]
G. 
Time limits. building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Village Superintendent of Buildings.
[Amended 3-7-2019 by L.L. No. 1-2019]
H. 
Revocation or suspension of building permits. If the Village Superintendent of Buildings 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 Uniform Code or the Energy Code or the Village Code, or that the work to which it pertains is not proceeding in conformance with the Uniform Code or the Energy Code or the Village Code or with any condition attached to such permit, then the Village Superintendent of Buildings shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code, the Energy Code and the Village Code; and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, the Energy Code and the Village Code.
[Amended 3-7-2019 by L.L. No. 1-2019]
I. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 78-6, Fees, of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
A. 
A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains and shall remain visible until the authorized work has been completed.
B. 
Each building permit issued pursuant to this chapter shall become invalid unless the authorized work is commenced within six months following the date of issuance. A building permit issued pursuant to this chapter shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written application for renewal, be renewed for successive one-year periods, provided:
(1) 
The permit has not been revoked or suspended at the time the application for renewal is made;
(2) 
The approval of the application for renewal is granted by the Village Superintendent of Buildings;
[Amended 3-7-2019 by L.L. No. 1-2019]
(3) 
The relevant information in the application is up-to-date; and
(4) 
The renewal fee is paid.
[Amended 3-7-2019 by L.L. No. 1-2019]
A schedule of fees applicable to all applications, inspections and other actions made under this chapter shall be established, and changed as needed, by resolution adopted by the Village Board. 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 Village Superintendent of Buildings described in or contemplated by this chapter.
A. 
Certificates of occupancy and certificates of compliance required. 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. 
Issuance of certificates of occupancy and certificates of compliance. The Village Superintendent of Buildings 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 Uniform Code, the Energy Code and the Village Code and, if applicable, that 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 Uniform Code, the Energy Code and the Village Code. The Village Superintendent of Buildings or an inspector authorized by the Village Superintendent of Buildings shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Village Superintendent of Buildings, at the expense of the applicant for the certificate of occupancy or certificate of compliance, shall be provided to the Village Superintendent of Buildings prior to the issuance of the certificate of occupancy or certificate of compliance:
[Amended 3-7-2019 by L.L. No. 1-2019]
(1) 
A written statement of structural observations and/or a final report of special inspections, and
(2) 
Flood hazard certifications.
C. 
Contents of certificates of occupancy and certificates of compliance. 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 Village Superintendent of Buildings issuing the certificate of occupancy or certificate of compliance and the date of issuance.
[Amended 3-7-2019 by L.L. No. 1-2019]
D. 
Temporary certificate. The Village Superintendent of Buildings 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 Village Superintendent of Buildings issue a temporary certificate unless the Village Superintendent of Buildings 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 all required means of egress from the building or structure have been provided. The Village Superintendent of Buildings may include in a temporary certificate such terms and conditions as he or she 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 Village Superintendent of Buildings 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 Uniform Code and the Energy Code.
[Amended 3-7-2019 by L.L. No. 1-2019]
E. 
Revocation or suspension of certificates. If the Village Superintendent of Buildings 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 Village Superintendent of Buildings within such period of time as shall be specified by the Village Superintendent of Buildings, the Village Superintendent of Buildings shall revoke or suspend such certificate.
[Amended 3-7-2019 by L.L. No. 1-2019]
F. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 78-6, Fees, 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.
[Amended 3-7-2019 by L.L. No. 1-2019]
The chief of any fire department providing fire-fighting services for a property within the Village shall promptly notify the Village Superintendent of Buildings of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.
A. 
Inspections during construction.
[Amended 3-7-2019 by L.L. No. 1-2019]
(1) 
Work for which a building permit has been issued hereunder shall be inspected by the Village Superintendent of Buildings 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 his or her agent to inform the Village Superintendent of Buildings that the work is ready for inspection and to schedule such inspection.
(2) 
It shall be the responsibility of the owner, applicant, or his or her agent to provide a list, at his or her 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 Village Superintendent of Buildings or his or her designee for the permit application file. The reports of such special inspections shall be provided to the Village Superintendent of Buildings or his or her designee for the Village's records.
(3) 
If the Village Superintendent of Buildings is denied access or entrance to make an inspection for any reason, the Village Board, after being notified by the Village Superintendent of Buildings of the situation, may apply to any court of competent jurisdiction for an order authorizing the Village Superintendent of Buildings to make such inspection.
B. 
Elements of work to be inspected. 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 or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permit has been completed.
C. 
Inspection results. After inspection, the Village Superintendent of Buildings 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 Uniform Code or the Energy Code. Work not in compliance with any applicable provision of the Uniform Code or the Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
[Amended 3-7-2019 by L.L. No. 1-2019]
D. 
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, staircases, etc., and vacant dwelling units. Where the tenants of occupied dwelling units allow, the inspection may include such units.
(2) 
Firesafety 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- or 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 Uniform Code and Energy Code exists; or
(c) 
Other information received by the Village Superintendent of Buildings, reasonably believed by the Village Superintendent of Buildings to be reliable, providing reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or the Energy Code 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.
[Amended 3-7-2019 by L.L. No. 1-2019]
E. 
OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under New York State Executive Law § 156-e and New York State Education Law § 807-b.
F. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 78-6, Fees, 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.
A. 
Authority to issue. The Village Superintendent of Buildings is authorized to issue stop-work orders pursuant to this section. The Village Superintendent of Buildings shall issue a stop-work order to halt:
[Amended 3-7-2019 by L.L. No. 1-2019]
(1) 
Any work that is determined by the Village Superintendent of Buildings to be contrary to any applicable provision of the Uniform Code or Energy Code, 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 being conducted in a dangerous or unsafe manner, in the opinion of the Village Superintendent of Buildings, 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
(3) 
Any work for which a building permit is required which is being performed without the required building permit or under a building permit that has become invalid, has expired, or has been suspended or revoked.
B. 
Content of stop-work orders. Stop-work orders shall be in writing; be dated and signed by the Village Superintendent of Buildings; state the reason or reasons for issuance; and if applicable, state the conditions which must be satisfied before work will be permitted to resume.
[Amended 3-7-2019 by L.L. No. 1-2019]
C. 
Service of stop-work orders. The Village Superintendent of Buildings shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Village Superintendent of Buildings shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
[Amended 3-7-2019 by L.L. No. 1-2019]
D. 
Effect of stop-work order. 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.
E. 
Remedy not exclusive. 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 § 78-15, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. 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. 
Operating permits required.
(1) 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(a) 
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;
(b) 
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;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(e) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Village Board.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in Subsection A(1) shall be required to obtain an operating permit prior to commencing such activity or operation.
B. 
Applications for operating permits. An application for an operating permit shall be, in writing, on a form provided by or otherwise acceptable to the Village Superintendent of Buildings. Such application shall include such information as the Village Superintendent of Buildings deems sufficient to permit a determination by the Village Superintendent of Buildings that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Village Superintendent of Buildings 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 Village Superintendent of Buildings, at the expense of the applicant.
[Amended 3-7-2019 by L.L. No. 1-2019]
C. 
Inspections. The Village Superintendent of Buildings or an inspector authorized by the Village Superintendent of Buildings shall inspect the subject premises prior to the issuance of an operating permit.
[Amended 3-7-2019 by L.L. No. 1-2019]
D. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A(1) of this section is to be conducted at a location, the Village Superintendent of Buildings may require a separate operating permit for each such activity, or the Village Superintendent of Buildings may, in his or her discretion, issue a single operating permit to apply to all such activities.
[Amended 3-7-2019 by L.L. No. 1-2019]
E. 
Duration of operating permits. 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 Village Superintendent of Buildings 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 Village Superintendent of Buildings, payment of the applicable fee, and approval of such application by the Village Superintendent of Buildings.
[Amended 3-7-2019 by L.L. No. 1-2019]
F. 
Revocation or suspension of operating permits. If the Village Superintendent of Buildings 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.
[Amended 3-7-2019 by L.L. No. 1-2019]
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 78-6, Fees, of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
[Amended 3-7-2019 by L.L. No. 1-2019]
The Village Superintendent of Buildings shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other local law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Village Superintendent of Buildings 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 § 78-15, Enforcement; penalties for offenses, of this chapter;
C. 
If appropriate, issuing a stop-work order;
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 Village Superintendent of Buildings shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
[Amended 3-7-2019 by L.L. No. 1-2019]
(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 Village Code or local 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 state law and regulation.
[Amended 3-7-2019 by L.L. No. 1-2019]
A. 
The Village Superintendent of Buildings shall annually submit to the Village Board a written report and summary of all business conducted by the Village Superintendent of Buildings and the inspectors, including a report and summary of all transactions and activities described in § 78-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. 
The Village Superintendent of Buildings shall annually submit to the Secretary of State, on behalf of this Village, on a form prescribed by the Secretary of State, a report of the activities of this Village relative to administration and enforcement of the Uniform Code.
C. 
The Village Superintendent of Buildings 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 this 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. 
Compliance orders. The Village Superintendent of Buildings 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 Uniform Code, the Energy Code, or this chapter. Upon finding that any such condition or activity exists, the Village Superintendent of Buildings shall issue a compliance order. The compliance order shall be in writing; be dated and signed by the Village Superintendent of Buildings; specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; specify the period of time which the Village Superintendent of Buildings deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Village Superintendent of Buildings shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Village Superintendent of Buildings shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
[Amended 3-7-2019 by L.L. No. 1-2019]
B. 
Appearance tickets. The Village Superintendent of Buildings and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.
[Amended 3-7-2019 by L.L. No. 1-2019]
C. 
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 Superintendent of Buildings pursuant to any provision of this chapter shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine 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 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 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.
[Amended 8-6-2015 by L.L. No. 2-2015; amended 3-7-2019 by L.L. No. 1-2019]
D. 
Injunctive relief. 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 Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Village Superintendent of Buildings 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 Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, 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 Village Board.
[Amended 3-7-2019 by L.L. No. 1-2019]
E. 
Remedies not exclusive. 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 § 78-10, Stop-work orders, 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 § 78-10, Stop-work orders, 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 § 382 of the Executive Law, 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 § 382 of the Executive Law.
The Village Board may, by resolution, authorize the Mayor of the Village 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.