This chapter shall be known and may be cited as the "Building
Code of the Village of Kensington."
[Amended 3-21-1990 by L.L. No. 3-1990; 7-25-2012 by L.L. No.
4-2012]
This chapter presumptively provides for all matters concerning,
affecting and relating to the construction, alteration, repair, removal,
demolition, equipment, use, occupancy, location and maintenance of
buildings or structures erected or to be erected in the Village of
Kensington, except insofar as such matters are otherwise provided
for under the Village Law or in other statutes or in other ordinances
of the Village of Kensington, and particularly as provided under the
Building Zone Ordinance and Planning Ordinance of this Village.[1] The chapter is also intended to provide for a minimum
level of protection from the hazards of fire in the Village. The provisions
of this chapter shall be complied with in addition to the provisions
of such other statutes and ordinances, including the New York State
Fire Prevention and Building Code.
This chapter is hereby declared to be remedial and shall be
construed to secure the beneficial interests and purposes thereof,
which are public safety, health and welfare through structural strength
and stability, adequate light and ventilation, and safety to life
and property from fire and hazards incident to the construction, maintenance,
occupancy, alteration, repair, removal or demolition of buildings
or structures.
No building or structure shall hereafter be constructed, altered,
repaired or removed, nor shall the equipment of a building, structure
or premises be installed, altered, repaired or removed, except in
conformity with the provisions of this chapter and in conformity with
the provisions of every authorized rule, regulation and condition
made and issued hereunder by the Building Inspector.
It shall be unlawful to maintain, occupy or use a building or
structure or part thereof which has been constructed, altered or repaired
in violation of the provisions of this chapter.
The provisions of this chapter apply to all buildings or structures
by whomsoever owned, constructed, maintained, occupied or used and
wheresoever situated, including constructions such as vaults, areas
or street encroachments, however placed. Such provisions shall apply
with equal force to municipal, school, county or state buildings as
they do to private buildings.
The office of Building Inspector is hereby created. The Building
Inspector shall be appointed by the Board of Trustees at its annual
meeting or as soon thereafter as may be practicable and shall continue
to hold such office at the pleasure of the Board of Trustees. Any
Village official, including an elected official, may hold the position
of Building Inspector in addition to such other official position.
In case of the temporary absence or disability of the Building Inspector
or his disqualification to act in a particular matter, the Mayor may
designate a substitute to act in matters that require prompt, official
attention.
The Building Inspector shall be a person generally informed
on the quality and strength of building materials, on the prevailing
methods of building construction, on good practice in fire prevention,
on the accepted requirements for safe exit facilities and on the proper
installation of plumbing, electric wiring, elevators and other installations
for the safety, comfort and convenience of occupants. He shall be
in good health and physically capable of making the necessary examinations
and inspections of buildings in the course of construction.
The Building Inspector shall receive applications required by
this chapter, issue permits and furnish all prescribed certificates.
He shall examine premises for which permits have been issued and shall
make necessary inspections to see that the provisions of law and Village
ordinances are complied with and that the construction is prosecuted
safely and in accordance with permits previously granted. He shall
enforce laws, ordinances and regulations relating to the construction,
alteration, repair, removal, demolition, equipment, location, maintenance,
occupancy or use of buildings and structures, except as may be otherwise
provided for. He shall, when requested by the Mayor or the Board of
Trustees or when the interests of the Village shall require, make
investigations in connection with matters referred to in this chapter
and render written reports on the same. He shall issue such notices
or orders as may be necessary to enforce compliance with law, to remove
illegal or unsafe conditions, to secure the necessary safeguards during
construction or to require adequate exit facilities in existing buildings
and structures.
A.
Inspections required under the provisions of this chapter shall be
made by the Building Inspector or by a duly appointed and qualified
assistant, provided that the Building Inspector may accept reports
of inspectors of recognized inspection services after investigation
of their qualifications and reliability. But no certificate called
for by any provision of this chapter shall be based on such reports
unless the same are in writing and certified by a responsible officer
of such service.
B.
At least 24 hours' notice shall be given to the Building Inspector
before work is started under a permit, and a like notice shall be
given before any work requiring inspection has been enclosed or covered.
C.
The Building Inspector may require a guaranteed survey showing the
premises and the location of the building and its various parts and
may also require that the surveyor stake out the corners and lines
of the building and of the lot, all expenses to be borne by the owner.
A.
For carrying into effect its provisions, the Building Inspector may
adopt regulations, not inconsistent with this chapter or rules to
be followed in a particular case, it being the intent of this requirement
that the standards of federal or state bureaus, national technical
organizations or fire underwriters, as the same may be amended from
time to time, shall serve as a guide in fixing the miniumum requirements
of this chapter.
B.
For the purpose of securing to the public the benefits of new developments
in the building industry and of ensuring public safety, the Building
Inspector may make or cause to be made investigations, or may accept
duly authenticated reports from reliable sources, of new materials
or modes of construction intended for use in the construction of buildings
or structures in the municipality which are not provided for in this
chapter, and may adopt regulations setting forth the conditions under
which such materials or modes of construction may be used.
C.
Regulations adopted by the Building Inspector shall be reported by
him to the Board of Trustees at its next regular meeting and, if approved
by the Board of Trustees, shall have the same force and effect as
if a part of this chapter.
The Building Inspector shall keep on file in the Village Office
careful and comprehensive records of application made and permits
issued, of certificates issued, of inspections made, of reports rendered
and of notices or orders issued. He shall retain on file copies of
all papers in connection with building work so long as any part of
the building or structure to which they relate may be in existence.
All such records shall be open to public inspection at reasonable
hours, but shall not be removed from the Village Office.
The Building Inspector, in the discharge of his duties, shall
have authority to enter any building, structure or premises at any
reasonable hour. He shall also have authority to take samples and
to make tests and, in case any work may have been performed or covered
without his inspection, he shall have the right to require the owner,
architect, engineer or contractor to remove and demolish such work
as may be necessary in order to permit the Building Inspector to make
a proper examination and test.
A.
Except as provided in Subsection C, it shall be unlawful to construct, alter, repair, remove or demolish, or to commence the construction, alteration, repair, replacement, removal or demolition of, a building or structure without first filing with the Building Inspector an application in writing and obtaining a permit therefor.
[Amended 7-25-2012 by L.L. No. 4-2012]
B.
A permit is required, among other things, for the construction or
alteration of patios and recreational facilities such as tennis courts,
basketball courts, swimming pools and the like and for the installation
of any paved surface, such as concrete or asphalt, or the use of any
other material, such as gravel, stone or compacted soil, to create,
alter or enlarge a driveway or any other area used for the parking
of vehicles of any kind. Alterations for which a permit is required
include any alteration to windows, room sizes, removal of partitions,
vestibules or covered porches and any changes in the plumbing system
or the installation of a central air-conditioning system, the installation
of a fence or the installation of siding or veneer or any structure
on the exterior portion of the building.
[Amended 2-13-1985 by L.L. No. 2-1985; 9-21-1994 by L.L. No.
1-1994]
C.
Ordinary repairs. Repairs include only the patching or restoration
or replacement of damaged materials, elements, equipment or fixtures
for the purpose of maintaining such components in good or sound condition
with respect to existing loads or performance requirements. Repairs
may be made without filing an application or obtaining a permit. Window
repairs shall require a permit and shall not be treated as a repair
as defined in this section.
[Amended 7-21-2010 by L.L. No. 3-2010; 7-25-2012 by L.L. No.
4-2012]
D.
Roof repair.
[Added 11-15-2006 by L.L. No. 1-2006]
(1)
The repair to the roof of a building or structure shall be made with
material that is the same as the material of the remaining portion
of the roof.
(2)
In the event that the repair of the roof of a building or structure
heretofore has been made with materials that are not the same as the
material of the remaining part of the roof, and for which neither
Architectural Review Board approval nor a building permit has been
issued, within 60 days of the date of the adoption of this subsection,
the material used for the repair shall be removed and the roof repaired
in accordance with Subsection D(l) hereof.
A.
An application for a permit shall be submitted in such form as the
Building Inspector may require.
B.
Such application shall be made by the owner or lessee or agent of
either, or the architect, engineer or builder employed in connection
with the proposed work. If such application is made by a person other
than the owner in fee, it shall be accompanied by a duly verified
affidavit of the owner in fee or the person making the application
that the proposed work is authorized by the owner in fee and that
the person making the application is authorized to make such application.
Where the work costs more than $5,000 or the building has more than
15,000 cubic feet in volume, or where the work, in the opinion of
the Building Inspector, may involve the structural safety of the building,
the plans shall be prepared by a registered architect or a registered
engineer or under his supervision and shall bear his certificate and
official seal.
C.
Such application shall contain the full names and addresses of the
applicant and of the owner, and, if the owner is a corporate body,
of its responsible officers.
D.
Such application shall describe briefly the proposed work and shall
give such additional information as may be required by the Building
Inspector for the intelligent understanding of the proposed work.
It shall contain a certificate that the proposed work complies with
all of the provisions of this chapter, the Building Zone Ordinance[1] and all other applicable statutes, ordinances, rules and
regulations, any exceptions being specifically noted.
F.
In addition to the foregoing requirements, an application for a permit
to demolish an existing dwelling or structure shall include:
[Added 11-20-1997 by L.L. No. 4-1997]
(1)
Engineer's report on the condition of the dwelling or structure,
including the existence of any toxic or hazardous materials or conditions,
and the manner in which they will be removed prior to demolition in
accordance with federal, state and local laws.
(2)
Arborist's report identifying and locating on a survey all trees
with a diameter of three inches or more at chest height.
(3)
Topographical survey.
(4)
Plan to use property after demolition:
(a)
In the event that the applicant proposes new construction, construction
plans for a new dwelling or structure approved by the Building Inspector
must be submitted. Plans to replicate the footprint, location, materials,
floor area ratio and style of a nonconforming dwelling or structure
may be approved by the Building Inspector notwithstanding the need
for variances, provided that the plans are certified by the Board
of Trustees as a substantial replication of the prior dwelling or
structure.
(b)
In the event that the applicant proposes no new construction,
the applicant must promptly grade and seed the property so as to prevent
erosion. The, Building Inspector must certify that the property has
been graded and seeded to his satisfaction. Further, a demolition
permit shall not be issued prior to 30 days from the date the application
for demolition is submitted.
(c)
In the event that the applicant for a demolition permit represents that no new construction of a dwelling or structure is proposed and grades and seeds the property pursuant to Subsection F(4)(b), the Building Inspector shall not review any construction plans for a dwelling or structure submitted subsequent to demolition for at least six months after demolition has been completed, and the applicant shall not be entitled to the continuation of a nonconforming status as set forth in Subsection F(4)(a).
(d)
If the property is to be used for the purpose of enlarging a
dwelling on a contiguous property, plans for the enlargement of the
dwelling, approved by the Building Inspector, and a landscaping plan,
approved by the Architectural Review Board, shall be submitted.
It shall be the duty of the Building Inspector to examine the
application for a permit within a reasonable time after filing and
payment of the fees hereinafter provided. If after examination he
finds no objection to the same and it appears that the proposed work
will be in compliance with the laws, ordinances and regulations applicable
thereto and the proposed construction or work will be safe, he shall
approve such application and issue a permit for the proposed work
as soon as practicable. If his examination reveals otherwise, he will
reject such application, noting his findings in a report to be attached
to the application and sending a copy to the applicant.
Nothing in this article shall be construed to prevent the Building
Inspector from issuing a permit for the construction of part of a
building or structure before the entire plans and detailed statements
of said building or structure have been submitted, if adequate plans
and detailed statements have been presented for the said part and
have been found to comply with this chapter.
No permit to move a building or structure shall be granted until
notice of application therefor shall have been given to the owners
of land adjoining the lot or parcel to which said building or structure
is to be removed, and to the owners of poles, wires or other impediments,
the temporary removal of which will be necessary, and an opportunity
has been given said owners to be heard upon such application; nor
until a bond in a sum fixed by the Building Inspector has been filed
with the Village to cover all damage to public property and to indemnify
and save harmless the Village for damages and claims for damages arising
out of the work. The Building Inspector may designate the route to
be covered, the hours of moving and the portions of the streets to
remain unobstructed and may impose such other conditions as he may
deem advisable. He is hereby authorized to deny the permit if he determines
that the moving of the building or structure would cause excessive
injury or inconvenience to the public or to the Village.
All work performed under a permit issued by the Building Inspector
shall conform to the approved application and plans and approved amendments
thereof. The location all new construction as shown on the approved
plat diagram or an approved amendment thereof shall be strictly adhered
to. The work shall comply with all the requirements of this chapter
and of the Building Zone Ordinance.[1]
Every permit issued under the provisions of this chapter shall
be signed by the Building Inspector.
[Amended 4-30-2003 by L.L. No. 3-2003]
A permit under which no work has been commenced within three
months after issuance shall expire by limitation.
A copy of the permit shall be posted on the premises at a place
available at all times for public inspection during the prosecution
of the work and until the completion of the same. The Building Inspector
may require a certified copy of the approved plans to be kept on the
premises at all times from the commencement of the work to the completion
thereof.
No permit issued under this chapter shall be assignable or transferable.
[Amended 3-21-1990 by L.L. No. 3-1990]
A.
Upon the filing of an application for a permit under this chapter,
including a building permit for the construction, alteration or repair
of a building or other structure, and including plumbing and incidental
structures, there shall be paid to the Village the fees established
in resolution of the Board of Trustees and on file in the office of
the Village Clerk.
B.
No additional fees shall be required for the issuance of the original
certificate of occupancy. A fee established by resolution of the Board
of Trustees shall be charged for each additional copy thereafter or
for a search and certification that none has been issued. In case
any permit under this chapter shall include within its terms a permit
as required by the Building Zone Ordinance of the Village,[1] the amount of the fee shall be either as provided in a
resolution establishing fees for building permits or as provided for
in a resolution of the Board of Trustees establishing fees under the
Building Zone Ordinance, whichever is greater, but two fees shall
not be required.
C.
Where a proposed construction or alteration of a dwelling will exceed
40% of its floor area ratio, a cash deposit of $25,000 shall be deposited
with the Village Clerk with the building permit application to guarantee
site restoration and the repair and restoration of Village property,
including, but not limited to, curbs, sidewalks and landscaping. The
cash deposit, or any unused portion of it, shall be refunded upon
certification by the Building Inspector that all restoration and repair
work has been completed satisfactorily.
[Added 4-30-2003 by L.L. No. 3-2003; amended 7-25-2012 by L.L. No.
4-2012]
No building or structure hereafter constructed shall be occupied
or used, in whole or in part, until a certificate of occupancy shall
have been issued by the Building Inspector certifying that such building
or structure conforms to the provisions of this chapter.
No building or structure hereafter enlarged or extended or so
altered, wholly or in part, as to change its classification, and no
building hereafter altered for which a certificate of occupancy has
not been heretofore issued, shall be occupied or used, in whole or
in part, until a certificate of occupancy shall have been issued by
the Building Inspector certifying that the work for which the permit
was issued has been completed in accordance with the provisions of
this chapter provided that if the occupancy or use of such building
was not discontinued during the work of alteration, the occupancy
or use of the building shall not continue for more than 30 days after
completion of the alterations unless such certificate shall have been
issued.
When a certificate is specifically required by a provision of
this chapter for an installation, alteration, repair or removal of
an elevator or elevator equipment, plumbing, gas piping, electric
wiring, heating system or other installation, it shall be unlawful
to use or permit the use thereof until the appropriate certificate
has been issued.
In the case of a building or structure completed prior to the
adoption of this chapter, the Building Inspector shall, upon written
application therefor and upon payment of the fee provided and upon
payment of an amount which he estimates to be the reasonable cost
of making the inspection applied for, cause an inspection to be made
sufficient to ascertain whether or not the building or structure as
it then exists complies with the requirements of this chapter. The
applicant shall make the building or structure available to him for
such purpose and shall, if the Building Inspector so requires, remove
portions of the construction that conceal or cover the work to be
inspected. He shall also, if requested, furnish a placement survey
and such other information as the Building Inspector may require.
If as a result of the inspection the Building Inspector is satisfied
that the building or structure complies with this chapter, he shall
issue a certificate of compliance to such effect. The Building Inspector
may, in other cases and upon similar conditions, make inspections
of completed buildings and structures and issue similar certificates
of compliance.
In addition to the certification as to compliance with the provisions
of this chapter, such certificate may, if warranted by the facts,
also contain the matters required for a certificate of occupancy under
the Building Zone Ordinance,[1] and in such case, the certificate of occupancy shall constitute
the certificate of occupancy required both by this chapter and by
the Building Zone Ordinance.
Applications to the Building Inspector for a certificate of
occupancy for a new building costing more than $10,000 shall be accompanied
by the affidavit of a licensed architect or licensed professional
engineer who supervised the construction work or by the affidavit
of a superintendent of construction who supervised the construction
work and who had had at least 10 years' experience in supervising
building construction work, which affidavit shall be to the effect
that deponent has examined the approved plans of the structure for
which the certificate of occupancy is sought and that to the best
of his knowledge and belief the structure has been erected or altered
in accordance with the approved plans and, as erected or altered,
complies with the statutes, ordinances, rules and regulations governing
building construction or use, except insofar as variances therefrom
have been legally authorized, such variances to be specified in the
affidavit. Where electrical work is involved, an electrical certificate
from the Board of Fire Underwriters is required, but if such certificate
is not immediately available, a temporary certificate may be issued,
valid for not more than 60 days.
[Amended 2-13-1985 by L.L. No. 3-1985; 7-21-1999 by L.L. No.
3-1998]
No change of occupancy or use shall be made in a building or
structure unless the owner of the building obtains from the Building
Inspector a certificate of occupancy or certificate of compliance
certifying that the building or structure and the use thereof conform
to the provisions of the laws of the Village of Kensington and this
chapter[1] and the Fire Prevention Code applicable to the building
or structure.
In the case of any dangerous or unsafe buildings or structures,
the following provisions shall apply:
A.
It shall be the duty of the Building Inspector or such other official
as may be duly appointed by the Board of Trustees for the purpose,
to make an inspection of any building or structure reported to him
as being dangerous or unsafe to the public or which he deems to be
dangerous or unsafe to the public from any cause. For such purpose,
he shall have full right of entry in and about said building or structure
and the premises on which it is situated.
B.
Upon completion of his inspection he shall prepare a report thereof,
stating the facts and his findings and conclusions. He shall file
one copy with the Village Clerk, which shall be open for public inspection
during regular business hours. He shall retain another copy in the
Building Department files.
C.
If he shall find that the building or structure is dangerous or unsafe
to the public, he shall serve upon the owner of the premises on which
such building or structure is situated, or upon some one of the owner's
executors, legal representatives, agents, lessees or any other person
having a vested or contingent interest in the same, as shown by the
records of the Receiver of Taxes and/or in the office of the County
Clerk, a notice containing a description of the premises, a statement
of the particulars in which the building or structure is unsafe or
dangerous and an order requiring the same to be made safe and secure
or removed within a time specified in the order. Such order may direct
that temporary measures be taken forthwith for the protection of the
public. The time specified shall be a reasonable time commensurate
with the danger to the public and the nature and extent of the work
required.
D.
Such notice and order may be served either personally or by registered
mail, addressed to the last known address of the person served. If
such service is made by registered mail, a copy of such notice shall
be posted on the premises.
E.
In case the person served with such notice and order should neglect
or refuse to comply with the same within the time stated, the Board
of Trustees shall cause a survey to be made by an official of the
Village and a practical builder, engineer or architect named by the
Board of Trustees for the purpose and a practical builder, engineer
or architect appointed by the person notified as above. The Board
shall cause the said surveyors to be paid a reasonable compensation
for these services.
F.
Such person shall be notified to appoint a practical builder, engineer
or architect for the purpose of such survey. Said notice shall also
state that if the building or structure should be reported unsafe
or dangerous under such survey, an application will be made at a special
term of the Supreme Court, Nassau County, not less than five, nor
more than 10 days thereafter for an order determining the building
or other structure to be a public nuisance and directing that it shall
be repaired and secured or taken down and removed.
G.
In the event that such person should refuse or neglect to appoint
a practical builder, engineer or architect for the purpose of such
survey, the two surveyors named by the Board of Trustees shall make
the survey and report.
H.
Copies of the report of the surveyors shall be delivered to the parties
participating in the survey and a signed copy shall be posted on the
building or structure.
I.
In the event that an application should be made to the Supreme Court
as aforesaid and an order should be made determining the building
or other structure to be a public nuisance and directing that it be
repaired and secured or taken down and removed, the Board of Trustees
may cause the said building or structure to be repaired and secured
or taken down and removed.
J.
The Board of Trustees may assess against the land on which said building
or structure is located all costs and expenses incurred by the Village
in connection with the proceedings to remove or secure, including
the cost of actually removing said building or structure. Such assessments
shall be determined, levied and collected in the same manner as a
local assessment under § 168 of the Village Law.
A.
In case there shall be, in the opinion of the Building Inspector,
actual or immediate danger of the falling of a building or structure
so as to endanger life or property, he shall cause the necessary work
to be done to render said building or structure or part thereof temporarily
safe, whether the procedure prescribed for unsafe buildings has been
instituted or not.
B.
When a building or structure is in an unsafe condition so that life
is endangered thereby, the Building Inspector may order and require
the inmates and occupants to vacate the same forthwith. He may, if
he deems it necessary for the public safety, temporarily close sidewalks,
streets, buildings, structures and places adjacent to such building
or structure and prohibit the same from being used.
C.
For the purpose of this section, the Building Inspector is hereby
authorized to employ such laborers and materials as may be necessary.
D.
The Village Attorney shall institute appropriate actions against
the owner of premises where the unsafe building or structure was located
for the recovery of the expenses incurred by the Building Inspector
or by the Village in the performance of such emergency work.
The Building Inspector may suspend a permit or approval issued
under the provisions of this chapter in case he shall be satisfied
that there has been any false statement or misrepresentation as to
a material fact in the application or plans on which the permit or
approval was based, or that any of the work has been or is about to
be performed or materials furnished which do not comply with this
chapter or with the terms of the permit, or that in any respect the
provisions of this chapter or of the Building Zone Ordinance[1] have been violated or have not been complied with.
Whenever in the opinion of the Building Inspector, by reason
of defective or illegal work in violation of a provision or requirement
of this chapter, the continuance of a building operation is contrary
to public welfare, he may order, either orally or in writing, all
further work to be stopped and may require suspension of work until
the condition in violation has been remedied.
The Building Inspector shall report the matter to the Board
of Trustees at its next regular meeting and the holder of the permit
so suspended shall have the opportunity to appear before the Board
of Trustees at said meeting or at some other time fixed by the Board.
The Board of Trustees may thereupon continue the suspension of such
permit or approval until the holder has complied with all matters
giving rise to such suspension, or, in its discretion, the Board of
Trustees may revoke the permit.
A.
Whenever the Building Inspector is satisfied that a building or structure
or any work in connection therewith, the construction, alteration,
repair, demolition or use of which is regulated, permitted or forbidden
by this chapter, is being constructed, altered, repaired, demolished
or used in violation of the provisions or requirements of this chapter
or in violation of a detailed statement or plan submitted and approved
hereunder or of a permit or certificate issued hereunder, he may serve
a written notice or order upon the person responsible therefor directing
discontinuance of such illegal action and the remedying of the condition
that is in violation of the provisions or requirements of this chapter.
B.
In case such notice or order is not promptly complied with, the Building
Inspector shall request the Village Attorney to institute an appropriate
action or proceeding at law or in equity to restrain, correct or remove
such violation or the execution of work thereon, or to restrain or
correct the construction, alteration, repair or use of, or to require
the removal of, or to prevent the occupation or use of, the building
or structure constructed, altered, repaired or used in violation of
or not in compliance with the provisions of this chapter or with respect
to which the requirements thereof or of any order or direction made
pursuant to provisions contained therein shall not have been complied
with.
[Added 11-20-1997 by L.L. No. 4-1997]
A.
Failure to comply with the terms and conditions of a demolition permit
shall constitute a violation of this chapter. Each person who violates
any provision of this chapter shall, for each and every day that said
violation continues, be subject to a fine of not more than $1,000
or imprisonment for a period not to exceed six months, or both such
fine and imprisonment.
B.
In addition to any other remedies available to the Village, the Building
Inspector shall not issue a certificate of completion or a certificate
of occupancy until all work done in accordance with the terms and
conditions of the demolition permit, and any other permit, has been
completed.
