Town of Hempstead, NY
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2023-05-09
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PART I: ADMINISTRATIVE LEGISLATION
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DIVISION 3: GOVERNMENTAL DEPARTMENTS
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Chapter 52 Department of Buildings
- PART I: ADMINISTRATIVE LEGISLATION
- DIVISION 1: GENERAL ADMINISTRATIVE PROVISIONS
- Ch 1 General Provisions
- Ch 2 Enforcement of Ordinances
- Ch 3 Apprenticeship Training Programs for Town Contracts
- Ch 4 Local Laws: Adoption
- Ch 5 Access to History Records
- Ch 6 Liability of Town
- Ch 7 Elections on Propositions
- Ch 7A Reapportionment of Councilmanic Districts
- Ch 8 Tort Liability Reserve Fund
- Ch 9 Judgment Lien Protective Law
- Ch 10 Taxation: Partial Exemption of Real Property for Certain Persons With Limited Income
- Ch 10A Taxation: Partial Exemption for Members of Volunteer Fire Departments and Voluntary Ambulance Services
- Ch 10B Taxation: Veterans' Real Property Exemption
- Ch 10C Real Property Tax Relief for Cold War Veterans
- Ch 10D Superstorm Sandy Tax Relief
- Ch 11 Defense and Indemnification of Town Officers and Employees
- Ch 12 Taxation: Exemption for Improvements to Accommodate Disabled
- Ch 13 Continuity of Government
- Ch 14 Taxation: Exemption of Capital Improvements
- Ch 15 Compensation of Town Employees
- Ch 16 Councilmembers: Increase in Number
- Ch 17 Deputy Receiver of Taxes
- Ch 18 Board of Appeals
- Ch 19 Town Comptroller: Additional Powers
- Ch 20 Records Management
- Ch 21 Deputy Supervisor
- Ch 22 Waterways Improvement: Public Hearing on Benefit Assessments
- Ch 23 Community Residential Facilities
- Ch 24 Official Seal
- Ch 25 Taxation: Partial Exemption for Disabled Persons With Limited Incomes
- Ch 26 Taxation: Exemption for Gold Star Parents
- DIVISION 2: PUBLIC EMPLOYEES AND EMPLOYEE RELATIONS
- Ch 27 Empire Zones
- Ch 28 Department of Human Resources
- Ch 29 Merit Award Board
- Ch 30 Employment of Volunteer Workers
- Ch 31 Qualifications of Certain Town Officers
- Ch 32 Public Employee Relations
- Ch 33 Mass Mailing Restrictions
- Ch 34 (Reserved)
- Ch 35 Grievance Procedure for Town Employees
- Ch 36 Whistleblower Protection Act
- Ch 37 Disciplinary Hearings
- Ch 38 Ethical Standards
- Ch 39 Governmental Transparency
- Ch 40 Salaries of Town Employees: Deductions
- Ch 41 (Reserved)
- Ch 42 (Reserved)
- Ch 43 (Reserved)
- Ch 44 (Reserved)
- Ch 45 Health Insurance for Town Employees
- Ch 46 (Reserved)
- Ch 47 (Reserved)
- Ch 48 Retirement Incentive Program
- Ch 49 (Reserved)
- DIVISION 3: GOVERNMENTAL DEPARTMENTS
- Ch 50 Department of Industry and Commerce
- Ch 51 Department of Senior Enrichment
- Ch 52 Department of Buildings
- § 52-1 Department established.
- § 52-2 Organization of Department.
- § 52-3 General powers and duties.
- § 52-4 Employees.
- § 52-5 Powers of the Town Board.
- Ch 53 Department of Conservation and Waterways
- Ch 54 Department of Information and Technology
- Ch 55 Cemeteries
- Ch 56 Department of Civil Service
- Ch 57 Department of Parks and Recreation
- Ch 58 Department of Planning and Economic Development
- Ch 59 Department of Engineering
- Ch 60 Drug and Alcohol Addiction
- Ch 61 Office of Tourism
- Ch 62 Department of Purchasing
- Ch 63 Department of Public Safety
- Ch 64 Department of Occupational Resources
- Ch 65 Compliance Officer
- Ch 66 Department of General Services
- Ch 67 Highway Department
- Ch 68 Department of Sanitation
- Ch 69 Department of Water
- DIVISION 4: WATER RULES AND REGULATIONS
- Ch 70 Department of Water, Rates and Regulations
- Ch 71 (Reserved)
- Ch 72 Enforcement of Water Conservation
- Ch 73 (Reserved)
- Ch 74 Community Choice Aggregation Energy Program
- Ch 75 (Reserved)
- PART II: PUBLIC PLACES
- Ch 76 Landmarks Preservation
- Ch 77 Public Places, Regulation of
- Ch 78 Parks
- Ch 79 Protection of Housing Authority Properties
- Ch 80 Public Parking Fields
- Ch 81 (Reserved)
- Ch 82 Shopping Carts Abandoned in Public Places
- Ch 83 (Reserved)
- PART III: BUILDINGS AND STRUCTURES
- Ch 84 Master Electricians
- Ch 85 Board of Architectural Review
- Ch 86 Building Construction Administration
- Ch 87 Dwelling Access
- Ch 88 Housing and Rehabilitation Code
- Ch 89 Elevator Inspection Procedure
- Ch 90 Dangerous Buildings and Structures
- Ch 91 Public Nuisances
- Ch 92 Fallout Shelters
- Ch 93 Maximum Fines for Violations of Building Zone Ordinance
- Ch 94 Emergency Lighting and Power
- Ch 95 Maintenance of Vacant Buildings
- Ch 96 Places of Public Assembly: Licensing
- Ch 97 Public Indecency
- Ch 98 (Reserved)
- Ch 99 Registration and Permitting of Property
- Ch 100 Condominium Conversions
- Ch 101 Temporary Moratorium in the Transit-Oriented Development District for North Lawrence and Inwood
- Ch 101A Temporary Moratorium in the Neighborhood Business Overlay District for North Lawrence and Inwood
- PART IV: BUSINESS AND ENTERTAINMENT
- Ch 102 Auctions and Auctioneers
- Ch 103 Bingo
- Ch 104 Games of Chance
- Ch 105 Special Events
- Ch 106 Clothing Bins
- Ch 107 Christmas Tree Sales
- Ch 108 (Reserved)
- Ch 109 Laundromat Refunds
- Ch 110 Gasoline Emergency Abatement
- Ch 111 Junk Dealers
- Ch 112 (Reserved)
- Ch 113 Control and Regulation of Secondhand Dealers
- Ch 114 Memorial and Independence Days
- Ch 115 (Reserved)
- Ch 116 Open-Air Markets
- Ch 117 Parades
- Ch 118 Peddlers and Solicitors
- Ch 119 (Reserved)
- Ch 120 Riding Stables
- Ch 121 Smoking, Cannabis and Cbd
- Ch 122 Sunday Exhibitions
- Ch 123 (Reserved)
- Ch 124 Theaters and Theater Matrons
- Ch 125 (Reserved)
- Ch 126 (Reserved)
- Ch 127 (Reserved)
- PART V: GARBAGE, REFUSE AND NUISANCES
- DIVISION 1: GARBAGE AND RUBBISH
- Ch 128 Garbage and Rubbish
- Ch 129 Graffiti Control
- Ch 130 (Reserved)
- Ch 131 (Reserved)
- DIVISION 2: USE OF PROPERTY
- Ch 132 Flammable and Combustible Liquids
- Ch 133 Liquefied Petroleum Gases
- Ch 134 Portable Swimming Pools
- Ch 135 (Reserved)
- Ch 136 Trespassing
- Ch 137 (Reserved)
- Ch 138 Smoke
- Ch 139 (Reserved)
- Ch 140 Earth and Soil Removal
- Ch 141 (Reserved)
- Ch 142 Wireless Telecommunications Facilities
- Ch 143 (Reserved)
- Ch 144 Unreasonable Noise
- Ch 145 (Reserved)
- Ch 146 Hazardous Excavations
- Ch 147 (Reserved)
- Ch 148 Sandbanks, Pits and Quarries
- Ch 149 (Reserved)
- DIVISION 3: EXPLOSIVES
- Ch 150 Explosives
- Ch 151 (Reserved)
- DIVISION 4: DOGS AND CATS
- Ch 152 Animal Shelter and Control Division
- Ch 153 (Reserved)
- PART VI: CONSERVATION AND WATERWAYS
- Ch 154 Environmental Quality Review
- Ch 155 Boats and Seaplanes
- Ch 156 Houseboats and Floating Homes
- Ch 157 Clams, Oysters or Worms
- Ch 158 (Reserved)
- Ch 159 Dredging
- Ch 160 Precautions Against Oil Spills
- Ch 161 Illicit Discharges
- Ch 162 (Reserved)
- Ch 163 Marinas and Docks
- Ch 164 Public Wetlands Preservation
- Ch 165 Freshwater Wetlands
- Ch 166 Shellfish
- Ch 167 Dune Protection Zone
- Ch 168 Structures in Waterways
- Ch 169 Swimming From Town Docks
- Ch 170 Coastal Erosion Hazard Areas
- Ch 171 (Reserved)
- Ch 172 Intentional Release of Balloons
- PART VII: STREETS, VEHICLES AND TRAFFIC
- Ch 173 Abandoned Vehicles
- Ch 174 Abandonment of Vehicles During Snow Emergencies
- Ch 175 Excavations in Streets
- Ch 176 Roll-Off Containers
- Ch 177 Materials: Deposit
- Ch 178 (Reserved)
- Ch 179 Bicycle Riding on Certain Structures
- Ch 180 Play Streets
- Ch 181 Sidewalks, Roads and Streets
- Ch 182 Streets: Construction of Curb Cuts and Driveway Entrances
- Ch 183 Tow Cars
- Ch 184 Tree Preservation
- Ch 185 Taxicabs and Limousines
- Ch 186 Failure to Stop for School Buses
- Ch 187 (Reserved)
- Ch 188 (Reserved)
- Ch 189 (Reserved)
- Ch 190 Vehicle Speed Limits
- Ch 191 (Reserved)
- Ch 192 Weight Restrictions: Commercial Vehicles
- Ch 193 (Reserved)
- Ch 194 (Reserved)
- Ch 195 Pavement Markings
- Ch 196 (Reserved)
- Ch 197 Vehicular Use of Streets
- Ch 198 Tow-Away Zones
- Ch 199 Parking Fields, Private
- Ch 200 (Reserved)
- Ch 201 (Reserved)
- Ch 202 Parking
- Ch 203 (Reserved)
- Ch 204 (Reserved)
- Ch 205 (Reserved)
- Ch 206 (Reserved)
- Ch 207 (Reserved)
- APPENDIX
- Apx A221 Building Code Administration
- DISPOSITION LIST
- Ch DL Disposition List
[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.
