[HISTORY: Adopted by the Board of Trustees of the Village
of Roslyn as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch.
216.
Flood damage prevention — See Ch.
237.
Housing standards — See Ch.
265.
Property maintenance — See Ch.
353.
Sewers and sewage disposal — See Ch.
385.
Stormwater management and erosion control — See Ch.
400.
Subdivision of land — See Ch.
412.
[Adopted 1-18-2000 by L.L. No. 1-2000 as Ch. 16 of the 2000
Code; amended in its entirety 10-17-2006 by L.L. No. 4-2006]
This article provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Village of Roslyn. This article is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
section of this article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
article.
In this article, the following terms shall have the meanings
indicated:
BUILDING PERMIT
A permit issued pursuant to §
190-4 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to Subsection
A of §
190-15 of this article.
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 Subsection
D of §
190-3 of this article.
OPERATING PERMIT
A permit issued pursuant to §
190-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
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.
TOWN
The Town of North Hempstead.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A. The office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this article. The Code Enforcement
Officer 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 Code Enforcement
Officer 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 article;
(4) To issue stop-work orders;
(5) To review and investigate complaints;
(6) To issue orders pursuant to Subsection
A of §
190-15, Penalties for offenses, of this article;
(8) To collect fees as set by the Board of Trustees of this Village;
(9) To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village Attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code and this article or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this article;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B. The Code Enforcement Officer shall be appointed by the Board of Trustees.
The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention and 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 the Code Enforcement
Officer shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
C. In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Board
of Trustees to serve as Acting Code Enforcement Officer. The Acting
Code Enforcement Officer shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this article.
D. One or more inspectors may be appointed by the Board of Trustees
to act under the supervision and direction of the Code Enforcement
Officer and to assist the Code Enforcement Officer in the exercise
of the powers and fulfillment of the duties conferred upon the Code
Enforcement Officer by this article. 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.
E. The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Board of Trustees of this
Village.
A. Building permit required. 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, a change of grade in
excess of six inches, 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 Code Enforcement
Officer.
B. Applications for building permit. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1) A description of the proposed work;
(2) The tax map number and the street address of the premises where the
work is to be performed;
(3) The occupancy classification of any affected building or structure;
(4) Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5) 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.
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(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
D. Issuance of building permit. 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 and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
E. Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
F. Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
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 Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer 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.
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;
however, a building permit may be renewed for one additional twelve-month
period. In the event that the work authorized under the building permit
is not completed within the initial twenty-four-month period, subsequent
building permit fees shall be doubled. 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 Code Enforcement Officer.
H. Revocation or suspension of building permits. If the Code Enforcement
Officer 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, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that:
(1) All
work then completed is in compliance with all applicable provisions
of the Uniform Code and the Energy Code; and
(2) All
work then proposed to be performed shall be in compliance with all
applicable provisions of the Uniform Code and the Energy Code.
I. Fee. The fee specified in or determined in accordance with the provisions set forth in §
190-16, Fees, of this article must be paid at the time of submission of a application for a building permit, for an amended building permit, or for renewal of a building permit.
A. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection
B of this section is ready for 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;
(3) Preparation for concrete slab;
(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 work or a portion thereof
shall be noted as satisfactory as completed or the permit holder shall
be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or 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.
D. Fee. The fee specified in or determined in accordance with the provisions set forth in §
190-16, Fees, of this article must be paid prior to or at the time of each inspection performed pursuant to this section.
A. Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1) Any work that is determined by the Code Enforcement Officer 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;
(2) Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, 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:
(2) Be
dated and signed by the Code Enforcement Officer;
(3) State
the reason or reasons for issuance; and
(4) If
applicable, state the conditions which must be satisfied before work
will be permitted to resume.
C. Service of stop-work orders. The Code Enforcement Officer 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 Code Enforcement
Officer 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.
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 §
190-15, Penalties for offenses, of this article or under any other applicable code provision 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. Certificates of occupancy/certificates of compliance required. A
certificate of occupancy/certificate of compliance 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 was previously issued shall be granted
only by issuance of a certificate of occupancy/certificate of compliance.
B. Issuance of certificates of occupancy/certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy/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 and Energy Code and, if applicable, if 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 and Energy Code. The Code Enforcement
Officer or an inspector authorized by the Code Enforcement Officer
shall inspect the building, structure or work prior to the issuance
of a certificate of occupancy/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 Code Enforcement Officer,
at the expense of the applicant for the certificate of occupancy/certificate
of compliance, shall be provided to the Code Enforcement Officer prior
to the issuance of the certificate of occupancy/certificate of compliance:
(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/certificates of compliance.
A certificate of occupancy/certificate of compliance shall contain
the following information:
(1) The building permit number, if any;
(2) The date of issuance of the building permit, if any;
(3) The name, address and tax map number of the property;
(4) If the certificate of occupancy/certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy/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 Code Enforcement Officer issuing the certificate
of occupancy/certificate of compliance and the date of issuance.
D. Temporary certificate. The Code Enforcement Officer 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 Code Enforcement Officer issue a temporary certificate
unless the Code Enforcement Officer determines that the building or
structure, or the portion thereof covered by the temporary certificate,
may be occupied safely, that any fire- and smoke-detecting or fire-protection
equipment which has been installed is operational, and that all required
means of egress from the building or structure have been provided.
The Code Enforcement Officer 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 Code Enforcement
Officer 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.
E. Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy/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 Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
F. Fee. The fee specified in or determined in accordance with the provisions set forth in §
190-16, Fees, of this article must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.
The chief of any fire department providing fire-fighting services
for a property within this Village shall promptly notify the Code
Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Article
II of this chapter, as now in effect or as hereafter amended from time to time.
A. Operation 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 Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication titled "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 Board of Trustees of this Village.
(2) Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection
A 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 Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer 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 Code Enforcement Officer, at the expense of the
applicant.
C. Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D. Multiple activities. In any circumstance in which more than one activity listed in Subsection
A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
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
Code Enforcement Officer 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 Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F. Revocation or suspension of operating permits. If the Code Enforcement
Officer 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.
G. Fee. The fee specified in or determined in accordance with the provisions set forth in §
190-16, Fees, of this article must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
A. Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1) Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2) Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(3) Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection
A(1) or
(2) and all nonresidential buildings, structures, uses and occupancies not included in Subsection
A(1) or
(2) shall be performed at least once every 36 months.
B. Inspections permitted. In addition to the inspections required by Subsection
A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or 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.
C. State inspections. Nothing in this section or in any other provision
of this article 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
Executive Law § 156-e and Education Law § 807-b.
D. Fee. The fee specified in or determined in accordance with the provisions set forth in §
190-16, Fees, of this article must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
The Code Enforcement Officer 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 article,
or any other code provision 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 Code Enforcement Officer 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 §
190-15, Penalties for offenses, of this article.
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 Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1) All applications received, reviewed and approved or denied;
(2) All plans, specifications and construction documents approved;
(3) All building permits, certificates of occupancy/certificates of compliance,
temporary certificates, stop-work orders, and operating permits issued;
(4) All inspections and tests performed;
(5) All statements and reports issued;
(7) All investigations conducted;
(8) All other features and activities specified in or contemplated by §§
190-4 through
190-12, inclusive, of this article; 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.
A. The Code Enforcement Officer shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in §
190-13, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B. The Code Enforcement Officer 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 Code Enforcement Officer 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 this Village in connection
with administration and enforcement of the Uniform Code.
A. Compliance orders. The Code Enforcement Officer is authorized to
order in writing the remedying of any condition or activity found
to exist in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this article. Upon finding
that any such condition or activity exists, the Code Enforcement Officer
shall issue a compliance order.
(1) The
compliance order shall:
(b) Be dated and signed by the Code Enforcement Officer;
(c) Specify the condition or activity that violates the Uniform Code,
the Energy Code, or this article;
(d) Specify the provision or provisions of the Uniform Code, the Energy
Code, or this article which is/are violated by the specified condition
or activity;
(e) Specify the period of time which the Code Enforcement Officer deems
to be reasonably necessary for achieving compliance;
(f) Direct that compliance be achieved within the specified period of
time; and
(g) State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
(2) The
Code Enforcement Officer 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 Code Enforcement Officer 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.
B. Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C. Specific penalties; fines imposed by the Village Justice Court. The violation of any provision of this article shall be punishable as set forth in §
1-8 of this Code.
D. Additional civil penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of the Uniform
Code, the Energy Code or this article or any term or condition of
any building permit, certificate of occupancy/certificate of compliance,
temporary certificate, stop-work order, operating permit or other
notice or order issued by the Code Enforcement Officer pursuant to
any provision of this article shall be liable for a civil penalty
of not more than $200 for each day or part thereof during which such
violation continues. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of this Village.
E. Injunctive relief. An action or proceeding may be instituted in the
name of this 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 article,
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 Code Enforcement
Officer pursuant to any provision of this article. 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 article, or any stop-work order, compliance
order or other order obtained under the Uniform Code, the Energy Code
or this article, an action or proceeding may be commenced in the name
of this 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
Mayor or Board of Trustees of this Village.
F. 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 §
190-6, Stop-work orders, of this article, in any other section of this article, 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 §
190-6, Stop-work orders, of this article, in any other section of this article, 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.
A fee schedule shall be established by resolution of the Board
of Trustees of this Village. Such fee schedule may thereafter be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy/certificates of compliance, temporary certificates,
or operating permits, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this article.
The Board of Trustees of this Village may, by resolution, authorize
the Mayor of this Village to enter into an agreement, in the name
of this Village, with other governments to carry out the terms of
this article, provided that such agreement does not violate any provision
of the Uniform Code, the Energy Code, 19 NYCRR 1203, or any other
applicable law.
[Adopted 1-18-2000 by L.L. No. 1-2000 as Ch. 17 of the 2000
Code]
This article shall be known as the "Building, Plumbing and Electrical
Code of the Incorporated Village of Roslyn."
A. Prior construction. No existing building, structure or part thereof
which was lawfully constructed pursuant to a valid permit at the time
of such construction shall be affected by the provisions of this article
unless specifically required therein or unless required by the Uniform
Code or any other agency having jurisdiction thereof.
B. Prevalence of more restrictive standards. Where the provisions of
this article conflict with or impose a different requirement from
any other provisions of the Village Code or any rule or regulation
adopted thereunder, the provision which establishes the higher standard
or requirement shall govern.
The words, terms and phrases used in this article shall have the meanings ascribed to them in Chapter
470, Zoning, of this Code or in the Uniform Code and such definitions shall apply as if set out at length herein.
It is the purpose of this article to provide for the administration
and enforcement of the Uniform Fire Prevention and Building Code established
by Article 18 of the Executive Law as added by Chapter 707 of the
Laws of 1981 of the State of New York, as the same may be applicable
to the Village of Roslyn.
Pursuant to Article 18 of the Executive Law, the New York State
Uniform Fire Prevention and Building Code will be the controlling
provisions in regard to building construction in the Village of Roslyn.
A copy of the Uniform Fire Prevention and Building Code is on file
and available for review in the office of the Superintendent of Buildings.
It shall be the duty of the Superintendent of Buildings to administer
and enforce the Uniform Code and the provisions of this article.
A. The Superintendent of Buildings shall administer and enforce all
of the provisions of the Uniform Code and regulations applicable to
the construction, alteration, repair, removal and demolition of buildings
and structures, the installation and use of materials and equipment
therein, the location, use, occupancy and maintenance thereof, the
removal of shrubs and trees from vacant land, the excavation, stripping
or grading of land and the removal of soil, sand or gravel from vacant
land. In addition, the provisions of the New York State Labor Law
and the rules adopted thereunder by the Commissioner of Labor of the
State of New York relating to public safety in the construction, equipping
and maintenance of places of public assembly shall be enforced by
the Superintendent of Buildings.
B. The Superintendent of Buildings shall receive applications and issue
permits for the erection, alteration, removal, demolition and use
or change of use of buildings or structures or parts thereof. Prior
to the issuance of such permit, the Superintendent of Buildings shall
examine the premises for which such applications have been received
for the purpose of ensuring compliance with the Uniform Code and other
laws and regulations governing building construction.
C. The Superintendent of Buildings shall issue all appropriate notices
or orders to remove illegal or unsafe conditions, including stop-work
orders, to require the necessary safeguards during construction and
to ensure compliance during the entire course of construction with
the requirements of the Uniform Code and other applicable laws and
regulations. He or she shall make all inspections which are necessary
or proper for the carrying out of such duties.
D. Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws or regulations covering building
construction, the Superintendent of Buildings may require the performance
of tests in the field by experienced professional persons or by a
credited and authoritative testing laboratory or service bureau or
agency, the costs of which tests shall be the responsibility of the
permittee.
E. In the furtherance of the duties of Superintendent of Buildings,
as provided for in this section, said Superintendent of Buildings
shall institute and perform the following inspections, in addition
to those otherwise required in this article:
(1) Construction inspections where a building permit has been issued,
at such times during the course of construction as will permit the
observation of the foundation, structural elements, electrical systems,
plumbing systems, heating, ventilation and air-conditioning systems,
fire-protection and detection systems and exit features.
(2) Inspections where a certificate of occupancy, a certificate of compliance,
a certificate of completion or a certificate of approval is required,
prior to its issuance.
(3) Firesafety inspections of areas of public assembly defined in the
State Uniform Fire Prevention and Building Code at least once a year.
(4) Fire safety inspections of all multiple dwellings and all nonresidential
occupancies at intervals consistent with local conditions [see 19
NYCRR 1203 (Uniform Code: Minimum Standards for Administration and
Enforcement) and the New York State Multiple Residence Law]:
(a)
Areas of public assembly: at least once every 12 months.
(b)
Gas stations, public garages, motor vehicle body repair shops,
welding and cutting businesses and lumberyards: at least once every
six months.
(c)
Petroleum bulk storage: at least once every six months.
(d)
All buildings open to the public: at least once every 36 months.
(e)
All common areas to multiple dwellings (not one- or two-family
dwellings): at least every 12 months.
(f)
Any building, use or occupancy: at owner request, during an
emergency or for a bona fide complaint.
(5) Compliance inspections with regard to all pertinent provisions of
this article and any other rules and regulations pertaining to the
construction, maintenance and occupancy of said structures.
(6) Compliance inspections with regard to Nassau County and/or Town of
North Hempstead rules and regulations, insofar as the same are applicable
to buildings and structures in the Village.
F. The Superintendent of Buildings is hereby authorized and empowered
to demand, and any owner, lessee or person in charge of any dwelling
or business structure shall furnish, a separate written inspection
report or certificate, issued by a duly qualified person on behalf
of the owner, lessee or other person in charge of the aforesaid buildings
and structures, certifying to the condition of the items of equipment
described above and contained therein, which said report or certificate
shall be filed with the Superintendent of Buildings within 30 days
after such inspection of said buildings and structures. In any event,
separate written inspection reports or certificates shall be filed
with the Superintendent of Buildings between June 1 and July 1 of
each year, on an annual basis.
[Amended 11-17-2009 by L.L. No. 4-2009]
G. The Superintendent of Buildings may request and shall receive, so
far as may be necessary in the discharge of his or her duties, the
assistance of other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
or use of equipment therein.
A. The Superintendent of Buildings shall keep permanent official records
of all transactions and activities conducted, including all applications
received, inspection reports and notices of orders issued.
B. The Superintendent of Buildings shall, as directed, submit to the
Village Board of Trustees a written report and summary of all business
conducted, including orders and notices promulgated, inspections and
tests made and appeals or litigation pending.
A. Application requirements.
(1) Applications for permits shall be made on forms provided by the Superintendent
of Buildings.
(2) Where an 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.
B. Examination of permit applications. The Superintendent of Buildings shall examine, or cause to be examined, all applications for building permits and the plans, specifications and documents filed therewith. He or she shall approve or disapprove the application within a reasonable time. The permit shall include a right of entry in accordance with §
190-28 of this article.
C. Building or demolition permit required. Without intending to specify
each and every instance in which a building permit or demolition permit
is required, no person shall commence the erection, construction,
enlargement, alteration, removal, improvement, demolition, conversion
or change in the nature of the occupancy of any building, structure
or land area or of any platform, staging or flooring to be used for
standing or seating purposes; or the cutting or widening of any driveway
so as to increase the area thereof by more than 10% of the existing
driveway area when such increase will diminish or reduce the existing
lawn area or diminish or curtail any front, side or rear yard as free,
open and unoccupied space; or the cutting or restoration of a curb;
or the excavation or stripping of land; or the clearing of land by
the removal of numerous trees or shrubs therefrom; or the installation
of a central air-conditioning system; or the removal of soil, sand
or gravel from vacant land; or engage in any other activity or operation
covered by this article, or cause same to be done, without first obtaining
a separate building or demolition permit from the Superintendent of
Buildings for each such building, structure, activity or operation.
D. Compliance with other provisions. If an applicant has received a
development permit, site plan, variance, special permit or other approval
pursuant to an application for subdivision approval, he or she shall
not be required to obtain such approval again in connection with his
or her application for a building permit, provided that there have
been no changes in any of the plans, facts or representations upon
which the site plan, variance, special permit or other approval was
granted.
E. A building or demolition permit shall be prominently displayed on
the premises while the subject work is being performed.
The Superintendent of Buildings may revoke a building permit
theretofore issued and approved in the following instances:
A. Where the Superintendent of Buildings 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 Superintendent of Buildings finds that the building permit
was issued in error and should not have been issued, in accordance
with the applicable law.
C. Where the Superintendent of Buildings 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-work order issued by the Superintendent
of Buildings and/or the Village Clerk/Treasurer or other responsible
official of the Village of Roslyn.
The Superintendent of Buildings, upon the showing of proper
credentials and in the discharge of his or her duties, may enter upon
any building structure at any reasonable hour, and no person shall
interfere with or prevent such entry.
A. Before a certificate of occupancy is issued in the Village of Roslyn,
the Superintendent of Buildings shall examine or cause to be examined
all buildings, structures and sites for which an application has been
filed for a building permit to construct, enlarge, alter, repair,
remove, demolish or change the use or occupancy, and the Superintendent
of Buildings may conduct such inspections as deemed appropriate, from
time to time, during and upon completion of the work for which a building
permit has been issued.
B. There shall be maintained by the Superintendent of Buildings a record
of all such examinations and inspections, together with a record of
findings of violations of the Uniform Code and other applicable laws.
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 those remedies shall be in addition to the
penalties prescribed in § 382 of the Executive Law.
A. Identification
of dangerous buildings. All buildings or structures which have any
or all of the following defects shall be deemed dangerous buildings:
(1) Those whose exterior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(2) Those walls which, exclusive of the foundation, show 33% or more
of damage or deterioration of the supporting member or members or
50% or more of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
(3) Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(4) Those which have been damaged by fire and/or other causes so as to
have become dangerous to life, safety or the general health and welfare
of the occupants or the people of the Village.
(5) Those which have become or are so dilapidated, decayed, unsafe, or
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely
to cause sickness or disease, so as to work injury to the health,
safety or general welfare of those living therein.
(6) Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
(7) Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
(8) Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
(9) Those which because of their condition are unsafe, unsanitary or
dangerous to the health, safety or general welfare of the people of
the Village.
(10)
Those buildings existing in violation of any provision of this
article or any other provisions of the Code of the Village of Roslyn
or any laws, rules or regulations of the State of New York or any
other municipality or agency having jurisdiction.
B. Inspection;
determination; notice.
(1) When it shall appear to the Board of Trustees that a building or
structure is in an unsafe condition or constitutes a danger to the
public or to the inhabitants, occupants or users thereof, the Board
of Trustees shall direct the Superintendent of Buildings, or some
other qualified official, to make a formal inspection of such structure
and to report in writing to the Board of Trustees the Superintendent
of Buildings' findings and recommendations with respect to the
repair or demolition of said structure.
(2) Upon receipt of such report the Board of Trustees shall consider
the same and then determine by resolution, if the report so warrants,
that said building or structure is unsafe and dangerous and order
its demolition or its repair, if the report indicates that it can
be safely repaired, and further order that a notice shall be given
to the persons owning or occupying said building or structure in the
manner hereafter provided.
C. Service
of notice. The notice shall be directed to and served on the following
named persons in the following manner:
(1) By personal service of a copy thereof upon the owner or one of the
owner's executors, legal representatives, agents, lessees or
any person having a vested or contingent interest in the premises,
as shown by the most recently completed assessment roll of the Village,
or if no such person can be found after due diligence, by mailing
to such owner by registered mail a copy of such notice directed to
the owner at the last known address of such owner; or
(2) By personal service of a copy of such notice upon any adult residing
in or occupying said premises or, if no such person can be found after
due diligence, by securely affixing a copy of such notice upon the
building or structure at or near the principal entrance thereto.
D. Contents
of notice. The notice shall contain the following:
(1) A description of the premises sufficient to identify the same and
the particular building or structure covered by the report.
(2) A statement of the particulars in which the building or structure
is found to be unsafe or dangerous.
(3) An order requiring the building to be made safe and secure or to
be demolished.
(4) An order requiring that the necessary repairs or improvements to
make the building or structure safe and secure, or the demolition
of the building or structure, shall commence within 30 days of the
service of the notice and shall be completed within 60 days thereafter
unless the Board of Trustees shall specify a period of time other
than 60 days for such completion.
(5) A notification to the owner that in the event of the neglect or refusal
of the person served with such notice to comply with the same within
the time specified for such compliance, a survey of the premises will
be made by a qualified official of the Village and a professional
builder, engineer or architect to be named by the Board of Trustees
and that a report of the same shall be delivered to said Board.
(6) A notification that if the report of the survey made as aforesaid
shall be that the building or structure is unsafe or dangerous to
the public or to the occupants or tenants thereof, that an application
may be made at a special term of the Supreme Court in the Tenth Judicial
District for an order determining the building or structure to be
a public nuisance and directing that it shall be repaired and made
secure or that it shall be demolished and removed.
(7) A notification that the real property upon which the building or
structure is located will be assessed for all costs and expenses incurred
by the Village in connection with procedures to repair and make secure
or to demolish and remove, including the cost of actually demolishing
and actually removing said building or structure, and any other costs
or expenses incurred by the Village in connection with any proceedings
conducted under the authority of this article.
(8) A notification that all costs and expenses incurred by the Village
of Roslyn in the enforcement of this article with respect to any premises
or structure shall be assessed against the premises on which the building
or structure is located in the manner provided for the assessment
of ad valorem real property taxes, and the same shall be collected
in the manner provided for the collection of such taxes.
E. Emergencies.
If the Superintendent of Public Works or Superintendent of Buildings
shall determine that the structure is in such condition that there
is an actual immediate danger of its falling or collapsing so as to
endanger life and property, the Superintendent of Public Works or
Superintendent of Buildings may forthwith cause the necessary work
to be done to render said building or structure temporarily safe or
to demolish the same, whether or not the procedure prescribed in this
section has been instituted or not. Under such circumstances the Superintendent
of Public Works or Superintendent of Buildings may temporarily close
and barricade sidewalks, streets, and adjoining buildings or structures
and prohibit the same from being used until the dangerous condition
has been removed.
F. The provisions
of this section shall be in addition to, and in furtherance of, the
New York State Uniform Fire Prevention and Building Code, including
but not limited to Sections 107 and 108 of the Property Maintenance
Code and the Fire Code of the State of New York.
A. Purpose. The purpose of this section is to provide basic and uniform
administration of and compliance with the applicable plumbing codes
and to establish the responsibilities of parties concerned therewith.
B. Controlling provisions. The Plumbing Code of New York State will
be the controlling provisions in regard to plumbing installations
within the Village of Roslyn.
C. Plumbing specifications. The plumbing specifications as set forth in Chapter
265, Housing Standards, of this Code shall apply to this section as if set out at length herein.
D. Permit or approval required. Except where specifically exempted by
provisions of this section, no plumbing work shall be installed, altered,
repaired, demolished or relocated until an application has been made
and a plumbing permit or other written approval therefor has been
issued by the Superintendent of Buildings. Such permit shall be prominently
displayed on the premises while the subject work is being performed.
E. Actions not requiring applications for permits.
(1) The following may be performed without the application required pursuant to Subsection
D:
(a) The replacement of plumbing fixtures without altering or disturbing
any water supply, drainage or vent pipe other than for actual connection
to such fixture.
(b) The removal of stoppages.
(c) By use of the same or equivalent materials, the replacement of plumbing
items for the purpose of maintenance.
(2) Minor repairs may be made to a plumbing system without obtaining
a permit. Minor repairs and maintenance shall not include repairs
to gas lines, installation of new gas, oil, waste, drainage or vent
pipes or the connection of additional fixtures to such pipes. A permit
shall be obtained for these items.
F. Power to impose additional requirements. Subject to approval of the
Board of Trustees, the Superintendent of Buildings shall have the
power to impose additional requirements not specifically covered by
this section deemed by him or her to be essential for safety.
G. Plumber's license required.
(1) Issuance of license. It shall be unlawful for any person to contract
for or conduct any plumbing work in or on all real property within
the Village of Roslyn until and unless such person performing such
work shall apply for and obtain a plumber's license from the
Village to engage in such business as herein provided. Where an applicant
for a plumbing license, at the time of making such application, maintains
a principal place of business within New York City or Nassau or Suffolk
County, the applicant shall file with the application a certificate
of competency, a certified copy of a currently valid plumber's
license and a letter of good standing from such other municipality.
A licensed plumber shall be responsible for the supervision of all
subcontractors. Appeals from a decision denying a license shall be
made to the Board of Trustees.
(2) License restrictions. No licensee shall directly or indirectly allow
his or her license to be used in connection with work wherein he or
she is not the contractor or subcontractor and personally responsible
for the work being performed.
(3) Revocation of license. A license granted under the provisions of
this section may be revoked by the Board of Trustees for cause. In
such case, notice shall be given to the licensee of the proposed revocation
and, if requested in writing by the licensee within five days after
receipt of the notice, a hearing shall be held before the Board of
Trustees and a panel of plumbing experts assembled to hear the matter,
at which hearing the licensee shall have an opportunity to appear
and be heard in relation to such proposed revocation.
H. Appointment of Plumbing Inspector; powers and duties. In addition
to the Superintendent of Buildings, a Plumbing Inspector may be appointed
by the Board of Trustees, and it shall be his or her duty, as well
as that of the Superintendent of Buildings, to examine all plumbing
work both in new work and alterations, examine all connections made
to public sewers and carry out all orders given by the Board of Trustees.
All work done under the provisions of this section and the materials
used in such work shall be subject to the approval of the Plumbing
Inspector or Superintendent of Buildings, and he or she shall have
power and authority to direct the course and order of such work and
require the proper doing of the same and the use of proper materials.
I. Assistant Plumbing Inspector. The Board of Trustees may appoint an
Assistant Plumbing Inspector who shall act during any absence from
duty of the Plumbing Inspector.
J. Inspections to be made promptly. The Superintendent of Buildings
or Plumbing Inspector shall, as soon as possible after being notified,
make the necessary inspections as required by this section.
K. Action upon denial of entry. In the discharge of his or her duties,
the Plumbing Inspector or his representative may request entry to
any building, structure or premises in the Village at any reasonable
hour. If denied entry by the owner or occupant, an authorized inspector
may apply for an administrative search warrant in Roslyn Village Court
to permit any requisite inspection.
L. Application for permit. An application for a plumbing permit, signed
by a licensed plumber, shall be filed in the office of the Plumbing
Inspector, together with diagrams and descriptions, in duplicate,
showing and describing the proposed work, except as otherwise set
forth in this section.
M. Issuance. A plumbing permit shall not be issued until the application
and such diagrams and descriptions as are required have been approved,
in writing, by the Superintendent of Buildings or the Plumbing Inspector.
N. Diagrams accompanying applications. The plumbing diagrams accompanying
the permit application shall consist of such floor plans and sections
as may be necessary to show clearly all the work proposed to be done,
including sewers, drains, soil, waste and vent pipelines, the location
of fixtures and their traps and connections, and shall be in compliance
with the rules and regulations of the Roslyn Water District.
O. Modifications of applications. The modification of approved applications
or plumbing diagrams accompanying such applications shall not be permitted
unless such changes have been previously approved by the Superintendent
of Buildings or the Plumbing Inspector.
P. Expiration. Plumbing permits shall expire six months after the date
of issuance unless the work covered by the permit has been started
and shall expire, in any event, two years after the date of issuance.
Q. Fees. Fees shall be prescribed from time to time by resolution of
the Board of Trustees.
A. Title. This section shall be known and cited as the "Electrical Code
of the Village of Roslyn."
B. Purpose. Since there is danger to life and property inherent in the
improper utilization of electrical energy, this article is enacted
to regulate the installation, alteration, maintenance and repair of
wiring for electric light, heat or power and signal systems operating
on 50 volts or more in or on all real property within the Village.
C. Adoption of Electrical Code by reference. All electrical installations
heretofore mentioned shall be made in conformity with the requirements
of the National Electrical Code, as last approved and adopted by the
American National Standards Institute, except where the provisions
of this section or any other local law or promulgated rules and regulations
of the Board of Trustees of the Village of Roslyn shall differently
prescribe, in which event compliance with the provisions of such local
law or promulgated rules and regulations of the Board of Trustees
shall be recognized as proper compliance with this section.
D. Enforcement. It shall be the duty of the Superintendent of Buildings
to enforce all the provisions of this section, all violations of or
deviations from or omissions of the applicable provisions of the National
Electrical Code, and all local laws and the Building Code of the Village
insofar as any of the same apply to electrical wiring.
E. Electrical inspectors designated. The chief inspector and each of
the duly appointed inspectors of any agency approved by resolution
of the Board of Trustees are hereby authorized and designated as representatives
of the Village to make inspections and reinspections of all electrical
installations heretofore and hereafter described and to approve or
disapprove the same. In no event, however, will the cost or expense
of such inspections and reinspections be a charge against the Village.
F. License required. It shall be unlawful for any person, firm or corporation
to contract for or conduct a business for the installation or alteration
of wiring for electric light, heat or power and signal systems operating
on 50 volts or more in or on all real property within the Village
of Roslyn until and unless such person, firm or corporation performing
such work shall apply for and obtain an electrician license to engage
in such business as herein provided, unless approval thereof shall
have been received from an agency having jurisdiction in the case
of an owner-occupied residence.
G. Fees. Each applicant for a license, permit or inspection shall pay
the fee established from time to time by resolution of the Board of
Trustees.
The violation of any provision of this article shall be punishable as set forth in §
1-8 of this Code.