[HISTORY: Comes from L.L. No. 6-1967, adopted 3-14-1967, effective 3-27-1967.]
[Amended 1-8-1974 by L.L. No. 3-1974, effective 1-14-1974; 3-14-2023 by L.L. No. 22-2023, effective 4-4-2023]
There shall be in the Town of Hempstead a Department of Buildings. The executive officer of such Department shall be the Commissioner of Buildings, who shall be appointed by the Town Board for the term fixed by law, at such salary as may from time to time be fixed by said Town Board. The Commissioner of Buildings shall be appointed on the basis of administrative experience and qualifications for the duties of such office. The Commissioner of Buildings shall have all of the powers and be subject to all of the duties of a Building Inspector. There may be Deputy Commissioners to the Commissioner of Buildings. The Deputy Commissioners, individually, shall have the authority to act for and in place of the Commissioner of Buildings in all regards. The Commissioner shall designate, in writing, the order in which the deputies shall act, in case of the Commissioner's absence, inability to work, or vacancy. The Commissioner shall have the power to appoint and remove all subordinate officers and other employees and to assign them to their respective duties. The Commissioner shall be in the unclassified service of the civil service. The position of Deputy Commissioner shall, pursuant to the statutory authority contained in the Municipal Home Rule Law and the Civil Service Law, be in the exempt class.
[Amended 1-8-1974 by L.L. No. 3-1974, effective 1-14-1974]
There shall be within the Department of Buildings the Administrative Division and the Enforcement Division, together with such other and further divisions as may from time to time hereafter be deemed necessary and be established by the Town Board. Each of said divisions shall be supervised by an administrative officer who shall be a Deputy Commissioner of Buildings for such division.
The Department of Buildings shall, under the general supervision of the Commissioner, have charge of the administration and enforcement of Building Plumbing, Electrical and Housing Codes; ordinances, rules and regulations with respect to unsafe buildings, multiple residences, places of public assembly; other laws, ordinances, rules and regulations relating to the use or occupancy of real property or buildings or structures located thereon, and such other matters as may from time to time be referred to such Department. Such general powers and duties shall be administered under the general supervision of the Commissioner by the divisions as indicated:
A. 
Administrative Division: To direct all administrative activities, including supervison of all personnel, maintenance of the departmental records and such other procedures as may be necessary to coordinate the overall activities of the plan examiners and application section of the Department.
B. 
Enforcement Division: To perform all inspection and enforcement activities with relation to all laws, codes, ordinances, rules and regulations within the general administration of the Department.
A. 
The Building Department, presently existing, is hereby transferred in its entirety, including all property, equipment and budgetary appropriations, to the Department of Buildings. The employees of such Department shall be continued as employees in the Department of Buildings, with the same classification, pensions and retirement rights and privileges as they had immediately prior to such transfer, provided, however, that nothing herein contained shall be construed to deprive the Town Board of any power it now has with respect to any such employees.
B. 
The Town Board may from time to time employ such additional persons, including such special, technical, fiscal and legal consultants, as may be necessary or desirable to the performance of the duties imposed upon the Department of Buildings.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Board contained in Sections 61 or 64 or Articles 12, 14, 15 and 16 of the Town Law of the State of New York, or any other powers which may be lawfully exercised by said Town Board or the Supervisor.