Village of Sag Harbor, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 2-10-2009 by L.L. No. 3-2009 (Ch. 7 of the 1968 Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
General provisions — See Ch. 1.
Building lines — See Ch. 94.
Unsafe buildings — See Ch. 103.
Contractor licensing — See Ch. 115.
Fire prevention — See Ch. 138.
Subdivision of land — See Ch. 240.
Wetlands — See Ch. 285.
Zoning — See Ch. 300.
Pursuant to § 377 of the Executive Law of the State of New York, the Village of Sag Harbor, Suffolk County, New York, hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Code, except as provided herein, and shall enforce said code.
A. 
It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter.
B. 
The Village Board may appoint one or more Deputy Building Inspectors, as the need may appear, to act under the supervision of the Building Inspector and to exercise any portion of his powers and duties at compensation which shall be fixed by the Board. Whenever the Building Inspector is absent or unable to act, the Deputy Building Inspectors are authorized to perform his functions.
No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department; nor shall be, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Village of Sag Harbor, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.
A. 
The Building Inspector shall administer and enforce all rules, regulations, laws and ordinances applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.
B. 
The Building Inspector shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.
C. 
The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from building inspectors or other employees of the Department or from generally recognized and authoritative service and inspection bureaus, provided the same are certified by a responsible official thereof.
D. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.
A. 
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.
B. 
The Building Inspector shall annually submit to the Village Board a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
An application for a building permit is not required in the R-20 Zone where there is no change in the perimeter or structural elements of an existing structure which is being repaired, improved or remodeled, or for such kinds, types and methods of repairs, improvements and alterations as the Village Board shall specify from time to time in regulations adopted by said Board by resolution applicable to this chapter.
A. 
Permit required.
(1) 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the use or nature of the occupancy of any building or structure or cause the same to be done without first obtaining a building permit from the Building Inspector for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature or where the requirement for a building permit has been exempted by another provision of this Code.
(2) 
In addition to the provisions of Subsection A(1) of this section, a building permit shall be required to conduct any regulated activity as defined in Chapter 285, Wetlands, of this Village Code.
(3) 
No person, firm or corporation shall commence the installation, extension, modification or removal of any electrical system or parts thereof without first filing an electrical application with the Building Department.
(4) 
No person, firm or corporation shall install or energize more electrical meters in a one-family building than the number of distinct and separate residences in such building, as authorized and shown on the certificate of occupancy applicable thereto, or, if there is no certificate of occupancy, without written authorization of the Chief Building Inspector of the Village of Sag Harbor.
(5) 
Sediment control. Where construction includes the depositing or disturbance of soil at the site, a sediment control fence shall be erected downhill of the work. The sediment control fence shall be installed with the stakes downhill of the fence. The bottom of the sediment control fence shall be buried a minimum of four inches. Bales of hay or straw shall abut the uphill side of the fence where the grade uphill of the fence exceeds 10%. The sediment control fence shall effectively prevent soil from traveling onto adjacent properties, including the Village right-of-way.
[Added 1-14-2014 by L.L. No. 2-2014]
B. 
Application form; submission.
(1) 
Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information:
(a) 
A description of the land on which the proposed work is to be done.
(b) 
A statement of the use or occupancy of all parts of the land and of the building or structure.
(c) 
The valuation of the proposed work.
(d) 
The full name and address of the owner and of the applicant and the names and addresses of their responsible officers, if any of them are corporations.
(e) 
A brief description of the nature of the proposed work.
(f) 
A duplicate set of plans and specifications as set forth in Subsection C of this section.
(g) 
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
(2) 
Application shall be made by the owner or owner's agent or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
(3) 
Application for the installation, extension, modification or removal of any electrical systems or parts thereof shall be made to the Electrical Inspector on forms provided by him. Such forms shall contain information as may reasonably be required by the Electrical Inspector to establish compliance with the applicable ordinances and regulations.
(4) 
Application for the construction, alteration, or removal of any plumbing or drainage systems in existing or proposed buildings and structures, or parts thereof, shall be made to the Building Inspector on forms provided by him. Such forms shall contain information as may reasonably be required by the Building Inspector to establish compliance with the applicable ordinances and regulations.
C. 
Plans and specifications; waivers.
(1) 
Each application for a building permit shall be made on forms furnished by the Building Department and accompanied by plans and specifications, including a plot plan, all drawn to a scale of 1/4 inch equals one foot, showing the nature, location, dimensions, square footage and elevations of all proposed new construction and all existing structures on the site, including subsurface sewage disposal facilities and drainage structures, the nature and character of the work to be performed, distances from lot lines, the relationships of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
(a) 
Whenever the plans accompanying an application are for a structure which, in the opinion of the Inspector, is of complex design, the Inspector shall require the applicant to file an affidavit signed by a licensed architect or engineer certifying that the plans and specifications comply with the provisions of this chapter as in force on the date of the application. In such case the Inspector may, in his discretion, employ a licensed architect or engineer to examine the plans. In the event the Inspector employs a licensed engineer or architect under this Subsection C(1)(a), the Inspector may rely upon the advice of such architect or engineer as to whether such plans and specifications comply with this chapter.
(b) 
Whenever the plans accompanying an application are for a structure which, in the opinion of the Inspector, is of complex design, the Inspector may, in his discretion, issue the permit subject to the condition that an architect and/or engineer whose qualifications are acceptable to him (and who may be already employed by the owner or builder) be employed by the owner or builder to supervise all work done under the permit, to see that the work conforms with the approved plans and specifications and forthwith upon its completion to make and file with the Inspector an affidavit or affidavits that he or they have complied with all inspection requirements of this chapter and that the work has been carried out according to the approved plans and specifications and in accordance with the provisions of this chapter. In such case the Inspector may rely upon such affidavit or affidavits as evidence that such building conforms substantially to the approved plans and specifications and the requirements of this chapter applying to buildings of its class and kind.
(2) 
Applications for a building permit for lands within the Flood Hazard Overlay District as defined in Chapter 300, Zoning, of this Code shall include and show the following additional information on the plans and specifications submitted:
(a) 
The elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all structures.
(b) 
The elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed.
(c) 
When required by the Building Inspector, a certificate from a licensed professional engineer or architect that all utilities will meet the floodproofing criteria set forth in Chapter 300, Zoning, of this Code.
(d) 
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria set forth in Chapter 300, Zoning, of this Code.
(3) 
Plans and specifications shall bear the signature of the person responsible for the design and drawings.
D. 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.
A. 
The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. With respect to buildings and structures to be constructed on lots within a filed subdivision map approved by the Village Planning Board which has, as part of the public improvement requirements, some type of fire-protection device (fire hydrant, fire well, underground storage tank, etc.), the Building Inspector shall obtain written confirmation from the Planning Board that such device has been installed to the satisfaction of the respective fire district and/or any other appropriate agency having jurisdiction over any and all other public improvement requirements as stipulated by the Planning Board at the time the subdivision was approved. However, lots within such a subdivision which are served by existing streets or fire-protection devices shall be exempt from such requirement. Upon written confirmation from the Village Planning Board, the Building Inspector shall approve or disapprove the application within a reasonable time.
B. 
Every application for a building permit having a lot containing wetlands or within the jurisdictional limits of the Village Wetlands Law shall be referred to the Village planning consultant. The planning consultant shall determine whether or not a permit is required under Chapter 285, Wetlands, of the Village Code. Where the planning consultant determines that a permit is necessary, no building permit may be issued until a permit has been obtained under Chapter 285, Wetlands. Where no permit is necessary under Chapter 285, Wetlands, the Building Inspector may proceed with the application under all other relevant statutes, rules and regulations.
C. 
Upon approval of the application and upon receipt of the fees therefor, the Building Inspector shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
D. 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector, and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
E. 
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the building official shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
All permits issued by the Building Inspector shall be effective and authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of 12 months after the date of its issuance. For good cause and in his discretion, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each.
A. 
The Village of Sag Harbor shall from time to time, by resolution, determine the schedule of fees under the Building Code.[1]
[1]
Editor's Note: A copy of the schedule of fees is on file in the Village offices.
B. 
On the filing of an application for a building permit, the appropriate fee shall be payable as defined by the schedule of fees in force at the time.
The Building Inspector may revoke all permits issued and approved in the following instances:
A. 
Where he 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 he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law;
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with provisions of the application, plans or specifications; or
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 Building Inspector.
Whenever the Building Inspector has reasonable grounds to believe that work on any lot, building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a permit(s) was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop-work order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail or certified mail.
Any building official, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector, in addition to any which may be required under the Zoning Code.
B. 
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector, in addition to any which may be required under the Zoning Code.[1]
[1]
Editor's Note: See Ch. 300, Zoning.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector, in addition to any which may be required under the Zoning Code.[2]
[2]
Editor's Note: See Ch. 300, Zoning.
D. 
A certificate of occupancy shall be required for all regulated activities conducted pursuant to Chapter 285, Wetlands, of the Village Code.
E. 
Electrical systems hereafter installed, extended or modified shall not be used until a certificate of compliance has been issued by the Building Department.
F. 
Plumbing and drainage systems hereafter constructed, altered, or removed shall not be used until a certificate of compliance has been issued by the Building Department.
G. 
The Building Inspector may revoke a certificate of occupancy theretofore issued and approved in the following instances:
(1) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications upon which the building permit was issued;
(2) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application for a certificate of occupancy.
There shall be maintained in the Building Department operated by the Building Inspector a record of all findings of violations of this chapter and the code.
A. 
A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application, and the building or portion thereof may thereafter be occupied as though a certificate of occupancy has been issued.
B. 
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. Except for certificates of occupancy issued with respect to residential property, the certificate of occupancy shall set forth the maximum number of persons permitted to occupy any building, structure or portion thereof, as said occupancy is established pursuant to the applicable provisions of the laws of the Village of Sag Harbor.
C. 
The certificate of occupancy provided for in this section is in addition to any which may be required under Chapter 300, Zoning.
D. 
The Building Inspector may revoke a certificate of occupancy theretofore issued and approved in the following instances:
(1) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications upon which the building permit was issued;
(2) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application for a certificate of occupancy;
(3) 
Where he finds that the certificate of occupancy was issued in error; or
(4) 
Where he finds that the issuance of the certificate of occupancy is in conflict with the applicable law.
E. 
Revocation of the certificate of occupancy is not effective until the Building Inspector refers revocation of a certificate of occupancy to the Zoning Board of Appeals for a hearing and determination on the merits and such determination is filed with the office of the Village Clerk.
In all applications for a building permit, the applicant shall certify that he will comply with the Building Code, and, on applications for a certificate of occupancy, the applicant shall certify, in writing, that he has complied with the Building Code and Chapter 300, Zoning, of the Village.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.
[Added 4-12-2011 by L.L. No. 5-2011]
A. 
Where applicable, the following inspections shall be scheduled by the applicant:
(1) 
Building footings after excavation, forming, and reinforcement steel has been installed, prior to the placement of concrete.
(2) 
If reinforcement is to be placed in the foundation walls of buildings or swimming pools, the foundation walls shall be inspected after forming and reinforcing has been installed, prior to the placement of concrete.
(3) 
Damp-proofing of foundation walls prior to covering.
(4) 
Framing.
(5) 
Wind-resistant assemblies, including hold-downs, tension ties and lateral systems. Fastening of exterior wall and roof sheathing shall be inspected prior to covering with any material.
(6) 
Electrical wiring and systems.
(7) 
Plumbing systems, including DWV, water supply, hydronic and fuel gas.
(8) 
Mechanical systems.
(9) 
Energy Code compliance.
(10) 
Fire-resistant assemblies.
(11) 
Special inspections as may be required by the New York State Building Code or the Building Inspector.
(12) 
Final inspection after all work authorized by the permit has been completed.
B. 
After inspection, construction work not in compliance with the code provisions shall remain exposed until it has been brought into compliance with the code, has been reinspected, and has been found satisfactory as completed.
[Added 4-12-2011 by L.L. No. 5-2011]
A. 
The Village Board of the Village of Sag Harbor shall appoint, by resolution, one or more qualified electrical inspectors, who, upon their appointment, are hereby authorized as agents of the Village of Sag Harbor to make inspections and reinspections of all electrical installations and to approve or disapprove same. In no event will the cost or expense of such inspections or reinspections be a charge against the Village of Sag Harbor.
B. 
It shall be the duty of the qualified electrical inspector to physically inspect in totality every installation for which he has been retained and to report in writing to the Building Inspector all violations of, deviations from or omissions of the electrical provisions of the New York State Uniform Fire Prevention and Building Code. An original, signed electrical certificate attesting to the compliance of an electrical installation shall be promptly furnished to the Building Inspector upon completion of the project. The electrical certificate shall list the quantity of luminaires, switches, receptacles, circuit breakers (grouped by amperage and type), disconnects and other pertinent equipment that is approved by the certificate. A record of the dates of electrical inspections performed and the name of the qualified electrical inspector performing said inspections shall be included on or accompany each certificate.
C. 
A qualified electrical inspector means a person who:
(1) 
Has passed the "electrical inspector" Suffolk County civil service examination; is currently employed by a municipality in that capacity; is a currently certified New York State code enforcement officer; and is acting as an agent of that municipality while conducting electrical inspections within the Village of Sag Harbor.
(2) 
Is currently certified by the International Association of Electrical Inspectors (IAEI) as a certified electrical inspector - residential (CEI-R) and is only performing inspections on one- and two-family homes and townhouses.
(3) 
Is currently certified by the IAEI as a certified electrical inspector - master (CEI-M).
(4) 
Is currently certified by the IAEI National Certification Program Construction Code Inspectors (NCPCCI) as an electrical inspector - 1 & 2 family; has a total of 15 years' experience as a licensed master electrician or electrical inspector; and is inspecting one- and two-family residences and townhouses.
(5) 
Is currently certified by the IAEI NCPCCI as an electrical inspector - general; has a total of 15 years' experience as a licensed master electrician or electrical inspector; and is inspecting commercial buildings.
(6) 
Is a Building Inspector employed in such capacity by the Village of Sag Harbor.
D. 
All qualified electrical inspectors are required to maintain a policy of insurance naming the Village of Sag Harbor as additional insured and meeting or exceeding the following coverage requirements:
(1) 
General aggregate liability: $2,000,000.
(2) 
Personal injury: $1,000,000.
(3) 
Each occurrence: $1,000,000.
(4) 
Fire damage (each occurrence): $300,000.
(5) 
Medical expense (any one person): $5,000.
E. 
All qualified electrical inspectors are required to complete 20 credits of documented professional development each year. Acceptable proof of professional development for the previous year shall be submitted to the Building Inspector prior to February 1. Acceptable forms of professional development are:
(1) 
Pertinent training received by the qualified electrical inspector: one credit per contact hour.
(2) 
Pertinent publication by the qualified electrical inspector: two credits per article.
(3) 
Pertinent instructing or lecturing by the qualified electrical inspector: one credit per contact hour.
(4) 
Inclusion in the New York State list of Certified Code Enforcement Officials as published by the New York State Department of State: 20 credits.
F. 
Qualified electrical inspectors who fail to provide acceptable proof of professional development shall have their ability to perform electrical inspections in the Village of Sag Harbor suspended until such time as acceptable proof of professional development has been submitted and approved. Missed credits of professional development for the previous year may be completed in the current year, except that such credit shall not be accrued for the current year's professional development requirements.
G. 
The Building Inspector, as the "authority having jurisdiction," shall not be bound by any approvals granted by the qualified electrical inspector and shall have the right to disapprove any electrical installation not complying with the New York State Uniform Fire Prevention and Building Code.
H. 
If the Building Inspector finds that any qualified electrical inspector has approved any electric installation that does not conform to the New York State Uniform Fire Prevention and Building Code, the Building Inspector shall notify both the permit holder and the qualified electrical inspector of such deficiency.
I. 
Any qualified electrical inspector receiving two or more notifications pursuant to § 92-20H within a one-year period shall immediately have his/her authorization to perform electrical inspections within the Village of Sag Harbor suspended, pending a hearing by the Village Board of Trustees to revoke.
J. 
Electrical surveys in lieu of open-wall inspections are only permitted by written order of the Building Inspector.
(1) 
In the event that the Building Inspector shall authorize an electrical survey, the following requirements shall be met:
(a) 
The Building Inspector shall be present at the time of the electrical survey.
(b) 
A minimum of 10% of the outlets included in the survey shall be uncovered.
(c) 
The covers of all panelboards included in the survey shall be removed.
(d) 
If the grounding electrode system is a required portion of the electrical survey, the grounding electrode system shall be physically observed in its entirety.
(2) 
The qualified electrical inspector or the Building Inspector is authorized to order the removal of coverings as necessary to expose any portion of the electrical system that has been covered prior to inspection.
(3) 
In no event will an electrical survey be conducted or accepted for a swimming pool installation.
[Added 3-12-2019 by L.L. No. 2-2019]
A. 
Definitions. For the purposes of this section, the following definitions shall apply:
BUILDING INSPECTOR
The Village of Sag Harbor Building Inspector or his/her designee.
INNOVATIVE AND ALTERNATIVE ON-SITE WASTEWATER TREATMENT SYSTEM (also referred to as I/A OWTS)
An on-site decentralized wastewater treatment system that, at a minimum, is designed to result in total nitrogen in treated effluent of 19 mg/l or less, as approved by the Suffolk County Department of Health Services (SCDHS).
SUBSTANTIAL SEPTIC SYSTEM UPGRADE
A change or upgrade to the existing septic system where the cost of said change or upgrade equals or exceeds 50% of the cost of the current system.
B. 
I/A OWTS required. An innovative and alternative on-site wastewater treatment system {I/A OWTS) approved by the Suffolk County Department of Health Services shall be required for the following projects located within Village of Sag Harbor:
(1) 
All new residential construction; or
(2) 
Any substantial septic system upgrade or replacement of a septic system, required by the Suffolk County Department of Health Services; or
(3) 
An increase of 25% or more in the floor area of a building.
(4) 
Any new septic system or substantial septic system upgrade required by the Harbor Committee pursuant to Village Code Chapter 285.
(5) 
All nonresidential properties that require site plan review pursuant to § 300-14.3.
C. 
Health Department approval.
(1) 
Suffolk County Department of Health Services approval of an I/A OWTS shall be submitted to the Village prior to the issuance of a building permit for any project identified in Subsection B herein.
(a) 
The Building Inspector shall not issue a certificate of occupancy or a certificate of compliance for any project identified in Subsection B above unless said project has received final approval from the Suffolk County Department of Health Services for the installation of the I/A OWTS.
(b) 
The Building Inspector may, at any time, require a monitoring report, engineer's report, and/or performance and maintenance report demonstrating that the proposed system complies with the Suffolk County Department of Health Services requirements.
(c) 
The applicant shall comply with all local, state and federal codes and requirements, including, but not limited to, the New York State Building Code and the New York State Fire Prevention Code.
(2) 
Notwithstanding the above, this article shall not be applicable in those cases where the Suffolk County Department of Health Services has determined that an I/A OWTS is not appropriate at a given location. In those cases, an applicant shall provide a copy of the determination of the Suffolk County Department of Health Services in writing.
D. 
Required maintenance and monitoring. Every owner of a low-nitrogen sanitary system as defined in this section must maintain such system in accordance with the manufacturer's recommendations and monitor the effectiveness of such system to assure that it continues to function in a manner to be considered a low-nitrogen sanitary system (as such was defined at the time of installation of the system) in its efficiency in removing nitrogen.
E. 
Applicability. This section shall apply to applications made for a building permit after April 1, 2019, that meet the criteria described above, except for the following:
(1) 
Applications that have received approval from the Suffolk County Department of Health Services for a standard sanitary septic system prior to April 1, 2019, shall not have to comply with the requirements herein.
F. 
Penalties for offenses. Any violation of the provisions of this section shall constitute a violation punishable by a fine of not less than $1,000, as well as remediation of the subject premises to the satisfaction of the Suffolk County Department of Health Services. Said remediation efforts shall include, but not be limited to, the installation of a compliant I/A OWTS pursuant to the Suffolk County Sanitary Code.
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Building Inspector or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. 
Any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or maintenance of any building who shall knowingly violate any of the applicable provisions of the Uniform Code, or this chapter, or any lawful order of the Village made thereunder regarding standards for construction, maintenance or fire protection equipment and systems, shall be punishable by a fine of not more than $1,000 per day of offense or imprisonment not exceeding one year, or both.
C. 
This section shall not apply to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and these remedies shall be in addition to the penalties prescribed in the preceding section.