[Adopted 4-1-1996 by L.L. No. 4-1996]
Pursuant to § 10 of the Municipal Home Rule Law, and
the Village Law of the State of New York, the Village of West Hampton
Dunes, County of Suffolk, and State of New York, hereby enacts Local
Law No. 4 of 1996, this article entitled "Local Law No. 4 of 1996
of the Incorporated Village of West Hampton Dunes, Creating a Building
and Construction Code."
This article establishes a local law for the purpose of creating
a building and construction code in the Village of West Hampton Dunes,
and for the following purposes:
A.
To promote in the public interest the orderly enforcement of building
and construction laws and regulations in the Village.
B.
To provide for the safety and well-being of the residents of the
Village and the visitors to the Village, and to provide for safe conditions
in the Village.
C.
To establish a Building Department and regulation and procedures
thereof for the Village of West Hampton Dunes.
Pursuant to § 377 of the Executive Law of the State
of New York (NOTE: Chapter 707 of the Laws of 1981, New York), the
Village of West Hampton Dunes, 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.
Nothing herein shall be construed as limiting the authority of the
Village to implement future ordinances or local laws which are more
restrictive than the state code.
B.
Nothing herein shall be construed to repeal, modify or constitute
an alternative to any lawful zoning regulation which is more retroactive
than this article or the state code.
State Building Code § 3109 and State Property Maintenance
Code § 303, requiring the enclosure of swimming pools, shall
be effective and shall be applicable to all pools constructed after
the effective date of this article. Existing pools shall comply with
the enclosure requirement within one year of the effective date of
this article.
The Building Inspector operating under the Village Building
Zone is hereby designated as the Superintendent of Buildings under
the Building Code. The Village Board of Trustees 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 of Trustees; 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 that 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 West Hampton Dunes,
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.
Whenever by law, rule or regulation in respect to the Building Code
the words "Superintendent of Buildings" are used, they shall be deemed
to mean the Building Inspector or his deputy or deputies as the case
may be. The Building Inspector shall administer and enforce all rules,
regulations, laws and ordinances applicable to the Building Code and
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.
Permit application. 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 or 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 of Buildings 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
of Trustees 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 where there
is no change in the perimeter of an existing structure which is being
repaired, improved or remodeled at a cost not exceeding $750 or for
such kinds, types and methods of repairs, improvements and alterations
as the Village Board of Trustees shall specify from time to time in
regulations adopted by said Board by resolution applicable to this
article.
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 done without first obtaining a building permit, separate and distinct from that required by Chapter 560, Zoning, of the Code of the Village of West Hampton Dunes 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.
(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
and Electrical Inspector.
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.
(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 lessee or agent of either
or by the architect, engineer or builder employed in connection with
the proposed work. Where such application is made by a person other
than the owner, it shall be accompanied by an affidavit of the owner
or applicant that the proposed work is authorized by the owner and
that the applicant is authorized to make such application.
(3)
Application for the installation, extension, modification or removal
of any electrical systems or parts thereof shall be made to the Electrical
Inspector on form 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.
C.
Plans and specifications; waivers.
(1)
Each application for a building permit shall be accompanied by duplicate
copies of plans and specifications, including a plot plan, drawn to
scale, showing the location and size of all proposed new construction
and all existing structures on the site, the nature and character
of the work to be performed and the materials to be incorporated,
distance from lot lines and relationship of structure 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.
(2)
Plans and specifications shall bear the signature of the person responsible
for the design and drawings.
(3)
The Building Inspector may waive the requirement for filing plans.
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 of the 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 for
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 shall be referred to the
Village Environmental Engineer. The Village Environmental Engineer
shall, within seven working days, determine whether or not a permit
is required under the Coastal Erosion Hazard Law.[1] Where the Village Environmental Engineer determines that
a permit is necessary, no building permit may be issued until a permit
has been obtained under the Coastal Erosion Hazard Law. Where no permit
is necessary under the Coastal Erosion Hazard Law, the Building Inspector
may proceed with the application under other relevant statutes, rules
and regulations.[2]
C.
Upon approval of the application and upon receipt of the fees therefor,
he 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 requirement 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 thereof, to be transmitted to the applicant in writing.
A building permit shall be effective to authorize the commencing
of work in accordance with the application, plans and specifications
on which it is based for a period of 90 days 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.
The Village Board of Trustees shall from time to time by resolution
determine the schedule of fees under the Building Code; 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 a building permit theretofore
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 order issued by the Building Inspector.
Whenever the Building Inspector has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation
of the provisions of the 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 building permit 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 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 these same upon a conspicuous portion
of the building under construction and sending a copy of the same
by registered mail.
Any building official, upon the showing of proper credentials
and in the discharge of his 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 Chapter 560, Zoning.
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 Chapter 560, 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 Chapter 560, Zoning.
E.
Electrical systems hereafter installed, extended or modified shall
not be used until a certificate of compliance has been issued by the
Building Department.
There shall be maintained by the Building Department operated
by the Building Inspector a record of all findings of violations of
this article 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 West Hampton Dunes.
C.
The certificate of occupancy provided for in this section is in addition
to any which may be required under any other Village law.
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 560, Zoning.
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.
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, demolish, equip, use, occupy or maintain any
building or structure or portion thereof in violation of any provision
of this article 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 an building or structure or part thereof in a manner
not permitted by an approved building permit or certificate of occupancy
and shall be punishable by a fine of not more than $1,000 for each
separate offense. Each day that such violation shall exist or remain
unremedied shall constitute a separate offense.
B.
Any person having been served, either personally or by registered
mail, with an order to remedy any condition found to exist in, on
or about any building in violation of the Uniform Fire Prevention
and Building Code who shall fail to comply with such order within
the time fixed by the regulations promulgated by the Secretary of
State pursuant to Subdivision 1 of § 382 of the Executive
Law, such time period to be stated in the order, and any owner, builder,
architect, tenant, contractor, subcontractor, construction superintendent
or their agents or any other person taking part or assisting in the
construction of any building who shall knowingly violate any of the
applicable provisions of the Uniform Code, this article 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, and the Village shall
apply in court and shall be entitled to costs for any such remedy,
court proceeding, or the disbursements and costs and expenses thereof.
As used in this article, the following terms shall have the
meanings indicated:
The Board of Trustees of the Village of West Hampton Dunes.
The advisory body created by resolution to make recommendations
regarding road standards and specifications.[1]
A licensed professional engineer retained or employed by
the Village of West Hampton Dunes.
A.
The Road Review Committee shall consist of five members:
(1)
The Building and Zoning Administrator or his/her representative.
(2)
The Village Engineer.
(3)
The Commissioner of Highways of the Village of West Hampton Dunes.
(4)
The Chairman of the Planning Board or his/her representative.
(5)
The Chairman of the Zoning Board of Appeals or his/her representative.
B.
The Road Review Committee shall meet at a monthly meeting to review
and consider applications referred to it by the Building Department
of the Village of West Hampton Dunes for the purposes of rendering
an advisory recommendation to the Board of Trustees pursuant to this
article.
C.
The Committee shall keep minutes of its proceedings, showing the
facts relied upon in making its recommendation, and shall also keep
records of its examinations and other official actions.
D.
The Committee may prescribe rules of the conduct of its affairs and
may set forth an application form for the purposes of soliciting information
pertinent to making the recommendations called for under this article.
E.
The Committee is authorized to charge a fee of $150 on applications
referred to it by the Building Department. This fee shall be charged
on a per-lot basis and may be waived by the Committee only where there
is a request for renewal of a previous determination and the circumstances
under which the previous recommendation was granted have not changed.
A.
No building permit shall be issued for any building or structure
unless a street or highway giving access to said proposed building
or structure is an existing state, county or town highway or Village
road or a street shown upon a plat approved by the Planning Board,
as provided by the Subdivision of Land Local Law of the Village Code
of the Village of West Hampton Dunes, and Article 7 of the Village
Law or a street on an old filed map filed in the office of the Suffolk
County Clerk prior to the creation of the Planning Board.[1]
B.
For the purposes of this section, "access" shall mean that the lot
on which the building or structure is proposed to be erected directly
abuts on such street or highway and has sufficient frontage thereon
to allow the ingress and egress of fire trucks, ambulances, police
cars and other emergency vehicles, and frontage of 20 feet shall presumptively
be sufficient for that purpose.
C.
Before a permit for the erection of any building shall be issued,
the street or highway shall be suitably improved to the satisfaction
of the Board of Trustees in accordance with the standards and specifications
approved by said Board as adequate in respect to the public health,
safety and general welfare for the special circumstances of the particular
highway. In the case of Trustee roads, said standards and specifications
shall be determined by the Village Board of Trustees and shall receive
an advisory recommendation from the Road Review Committee. Said recommendation
shall set forth the standards and specifications for improvement given
the special circumstances of the particular street or highway.
D.
Once the Board of Trustees has adopted a resolution setting the standards
and specifications for the improvement of the street or highway, the
Building Department may issue a permit under the following circumstances:
(1)
The owner has satisfactorily completed the improvements set forth
in said Board of Trustee resolution;
(2)
The owner submits an affidavit to the Building Department certifying
that he/she understands and accepts the determination made by the
Board of Trustees, and that he/she agrees to satisfactorily complete
the required improvements before the issuance of a certificate of
occupancy; or
(3)
In the discretion of the Board of Trustees, a performance bond sufficient
to cover the full cost of such improvement as estimated by such Board
may be furnished to the Village by the owner. Such performance bond
shall be approved by the Board of Trustees with security acceptable
to the Board of Trustees as to form, sufficiency and manner of execution,
term, manner of modification and method of enforcement of such bond
shall be determined by the Board of Trustees in substantial conformity
with the Village Law.
E.
Under no circumstances may a building permit be issued where the owner is seeking relief under § 220-28 of this article. In such a case, the building permit may only be issued upon receipt of a determination from the Zoning Board of Appeals and compliance with the conditions set forth under Subsection D of this section.
F.
The determination of the Board of Trustees under this article shall
be valid for a period of one year, unless a building permit has been
issued within the one year and is thereafter duly processed to completion.
Where the enforcement of the provisions of this article would
entail practical difficulty or unnecessary hardship or where the circumstances
of the case do not require the structure to be related to existing
or proposed streets or highways, the applicant for such a permit may
appeal from the decision of the Board of Appeals. The same rules and
standards that apply to zoning appeals shall be applicable to such
applications. The Board may, in passing on such appeal, make any reasonable
exception and authorize the permit subject to conditions that will
protect any future street or highway layout. Any such decision shall
be subject to review by certiorari order issued out of a special term
of the Supreme Court in the same manner and pursuant to the same provisions
as in appeals from the decisions upon zoning regulations.
