Town of Hempstead, NY Building Construction Administration

Editor's Note: See Ch. 52, Department of Buildings.

§ 86-6 Right of entry.

The Building Inspector and each of those personnel designated by him have all the power of a peace officer of the Town and, upon the showing of proper credentials and in the discharge of their duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 86-7 Department records and reports.

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.

The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Department of Buildings, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.

§ 86-8 Cooperation of other departments.

The Building Inspector may request, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments and all municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 86-9 Applications for permit; minimum elevations for erection of structures and construction of roads.

No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition or conversion of any building or structure or part thereof, or change the nature of the occupancy of any building or structure, or cause same to be done, or to install in or in connection with a building or structure an elevator or heating or heat-producing appliance or equipment other than ordinary stoves or ranges, without first filing with the Building Inspector an application for such construction, alteration, moving or demolition, or installation of elevator, heating or heat-producing appliance or equipment other than ordinary stoves or ranges, and obtaining a permit; except that no permit shall be required for the performance of ordinary repairs which are not structural in nature.

[Amended 2-23-2010 by L.L. No. 15-2010, effective 3-3-2010]

It shall further be unlawful for any property to be maintained with any building, structure, or other improvement for which a building permit is required under the laws of the Town of Hempstead, or any law duly enforceable by the Town of Hempstead, unless and until a building permit and any required certificate of completion or occupancy, has been duly issued therefor.

It shall not be a defense to the above provisions of § 86-9 of this chapter, on behalf of any owner, tenant, or other person or entity in control of the premises, that any such building, structure, or improvement was fully or partially in existence prior to the time that such owner, tenant, or other person or entity in control of the premises acquired such status, and they or any of them shall be liable for such violation(s) to the extent provided by law.

Such application shall be made to the Building Inspector on forms provided by him and shall contain the following information:

A description of the land on which the proposed work is to be done.

A statement of the use or occupancy of all parts of the land and the proposed building or structure.

The valuation of the proposed work.

The full name and address of the owner and of the applicant, and the names and addresses of their officers if any of them are corporations.

A brief description of the nature of the proposed work.

A duplicate set of plans and specifications as set forth in Subdivision C of this section.

Such other information as may reasonably be required by the Building Inspector to establish the compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.

Applications 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.

If the application contemplates the moving of an existing building or structure from one location to another, it shall be accompanied by a description of the method to be used and a statement of the route to be followed. Permits from the state, county, town and/or village authorities shall be submitted at the time of making application for permit.

The Building Inspector shall require a separate application to be filed for an elevator installation, but in case such separate application is filed by the same applicant in connection with and relating to an application to construct or alter a building or structure, it shall not be necessary to duplicate the affidavit attached to, or information contained in, the application to construct or alter.

Nothing in this section shall prevent the Building Inspector from requiring such additional information as may be necessary to an intelligent understanding of any proposed work.

Each application for a building permit shall be accompanied by duplicate plans and specifications, duplicate property surveys by a licensed land surveyor, and a recent tax bill for the subject property. The applicant shall type or print legibly all pertinent information on the applications. The plot plan shall be drawn to scale and shall show the location, size, shape and dimensions of the property, the setbacks from the property lines and the size of all existing and proposed buildings, additions and/or structures on the property and the front yard setbacks of all existing buildings within 200 feet on each side of the plot.

The plans shall be drawn to scale and shall show all necessary details of all structural, mechanical, electrical and plumbing work to be performed.

Plans and specifications shall bear the signature of the person responsible for the design and drawings, and where required by Section 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer.

The Building Inspector may waive the requirement for filing plans and specifications for minor alterations.

An application to demolish shall give the full name and addresses of the owner or owners, the applicant and of the person who is to do the work; the lot number or street number of the premises.

Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Building Inspector prior to the commencement of such change of work.

Floor and street elevations.

No person shall erect any dwelling within the Town of Hempstead having a first floor elevation less than 1 1/2 feet above the highest level of the groundwater table for the location of such dwelling or dwellings as determined from the records of the Nassau County Department of Public Works. All exterior walls of any such dwelling below the elevation of nine feet above mean sea level on any building plot, the grade of which is not wholly above the elevation of nine feet above mean sea level, shall be of monolithic construction without openings, and all such walls and floors below the elevation of nine feet shall be properly waterproofed with a waterproofing material approved by the Building Department.

[Amended 4-16-1963, effective 7-6-1963]

In the case of a dwelling erected with a flat slab construction without cellar or crawl space, the surface of the slab shall not be constructed at an elevation less than 18 inches above the crown of the road at its highest point adjacent to the building plot, nor less than nine feet above sea level, whichever is the higher.

In the case of a garage either attached to or incorporated within a dwelling, the following regulations shall apply:

The surface of the floor shall be constructed at an elevation not less than six inches above the highest point of the crown of the road immediately in front of the garage entrance.

There shall be constructed a concrete curb of sufficient height to prevent seepage of liquids from garage to the house area.

The garage floor shall be sloped from the rear to the front of the garage to effect proper drainage.

When, in the opinion of a majority of the Superintendent of Highways, Town Engineer and Manager of the Building Department, the above requirements for garages cause undue hardship for the applicant, and further that the established grade of the street is such that the street water cannot enter the garage, or the property may be graded so that surface water cannot enter the garage, these restrictions may be waived, providing a drainage system designed by a professional engineer or architect, which, in the opinion of a majority of the Superintendent of Highways, Town Engineer and Manager of the Building Department, is adequate for such depressed driveway, shall be submitted as part of the application for a building permit.

No certificate of occupancy shall be issued for any dwelling unless the plot or parcel of real property on which such dwelling is erected has a minimum grade of 1/2 of 1% affording uninterrupted drainage toward the street on which said parcel of real property abuts to a depth of 100 feet from said street, or toward the ocean, a bay, inlet, canal, channel, creek, stream or drainage ditch or sump owned or maintained by the State of New York, County of Nassau, Town of Hempstead or other municipal corporation, abutting the parcel of real property upon which such dwelling is to be erected, or to which there is a drainage easement of record appurtenant to the parcel of real property upon which such dwelling is to be erected.

The provisions of this section shall not apply to a building plot which adjoins a building which was completed or for which a building permit has been issued prior to October 11, 1955.

No building permit shall be issued in connection with any parcel of realty unless the street abutting such parcel of realty shall have an elevation specified by the Town Engineer, but in any event at least 7 1/2 feet above mean sea level, at the lowest point adjacent to the plot on which said building is proposed to be erected, or if no street or highway at such elevation abuts the parcel on which a building is to be erected, unless the person proposing to erect such building shall furnish the Town of Hempstead with a performance bond for the installation of such a street or highway or for such grading and necessary drainage facilities, in such amount and in such form and upon such conditions as may be acceptable to the Town Board, provided, however, that in installing a street or highway or regrading an existing street or highway or part thereof to conform to the elevation specified by or under this section, such street or highway or part thereof and necessary drainage facilities may be connected with existing streets or highways at a minimum grade of 3% grade. This section shall not apply to a building permit issued for the alteration or repair of an existing building or the construction of a building accessory to an existing building on the same plot.

Section 86-9E (3) shall not apply to state or county highways.

Notwithstanding the provisions of § 86-9E(3), the Superintendent of Highways and the Town Engineer may, if in their joint judgment surface drainage is adequate and a change in the elevation of the highway is not necessary or desirable in connection with the drainage pattern of the area, approve the issuance of a building permit without requiring compliance with § 86-9E(3), in the following instances:

Where a building site is not a corner plot:

If there is an existing building directly across the street from the proposed building.

[2]

If there are existing buildings within 200 feet on both sides of the proposed building on either side of the street or streets on which the proposed building will abut.

Where the building site is a corner plot, if there are existing buildings within 200 feet of the proposed building on either side of the streets abutting said proposed building, measured in the directions from the intersection of said streets in which the proposed building site extends from said intersection.

The distances provided in this section are to be measured along the center line of the street between the projections of the side lines of the building to the center line of the street.

The Superintendent of Highways and the Town Engineer, in rendering a determination pursuant to § 86-9E(3) and (5), shall have the purpose in view of insuring proper drainage of the area involved and of the surrounding areas and the protection against abnormally high tides, and they shall take into consideration, among other factors which may be material, the topography, surface drainage and existing development of the area involved and of the surrounding areas.

Compliance with the provisions of § 86-9E(1), (2), (3) and (5) shall be sufficient if the Town Engineer shall find that such compliance is in substantial conformity with such provisions.

(8)

No permit for any building shall be issued on land which has been filled or must be filled to comply with the provisions of this chapter or with the specifications of the Town Engineer hereunder [except where regrading is required only to provide a 0.5% drainage gradient of a building site], unless the applicant shall state in his application for a permit to erect such building or dwelling the manner and extent to which and the materials with which said land has been filled or with which he proposed to do such filling, and shall furnish a report, satisfactory to the Town Engineer and the Manager of the Building Department, of tests conducted by an approved soil engineer, that the compaction of such fill and of the subsoil will properly support the structure or roadbed or any permanent improvement proposed to be erected thereon or installed therein, provided, however, that if borings or probings show that there is no bog, silt or clay from the surface to three feet below mean sea level, the Town Engineer and the Manager of the Building Department may in their discretion waive the said report of a soil engineer required by this section and determine the suitability of the compaction by their own inspections or by the Nassau County Health Department report of subsoil conditions.

(9)

No building permit shall be issued for any parcel of real property abutting a street having an elevation of less than 7.5 feet above mean sea level at its lowest point in front of said parcel of real property unless the applicant for the building permit has made or caused to be made a test hole thereon for the inspection of the Building Department and the Building Inspector or a member of his staff has made an inspection thereof.

(10)

The Town Board may permit erection of a structure or installation of a street or highway not conforming to this subdivision, upon application to said Board by the person proposing to erect such structure or to install such street or highway, if it shall find that compliance with the provisions of this chapter or the specifications or discretion of the Town Engineer hereunder shall cause practical difficulties or unnecessary hardships in connection with existing structures or surface drainage in the vicinity of such proposed structure, street or highway, and in granting such permit the Board may impose such conditions for the protection of persons and property affected by the proposed erection or installation as it may deem reasonable and in the public interest.

(11)

Contents of petition. The application authorized by § 86-9E(10) shall be submitted in triplicate and verified, and each copy shall be accompanied by an accurate survey showing such data as may be pertinent to the application. The petitions shall set forth the following:

Name and address of the owner of the property.

Short description of the property.

Lot, block and section designation of the property as shown on the most recent Nassau County Land and Tax Map.

(d)

The specific matter with respect to which a variance is sought.

(e)

The respects in which compliance with chapter will cause practical difficulties and unnecessary hardship.

(f)

The manner in which the applicant proposes to make provisions for safeguards in connection with the items with respect to which the variance is sought.

(12)

The Town Board may, on its own motion, review any applications for a building permit governed by the provisions of this subdivision and may, upon such review, impose such conditions for the protection of persons and property affected by the proposed erection or installation as it may deem reasonable and in the public interest.

(13)

The following fees shall be payable in addition to any and all other fees prescribed by law.

Where a soil engineer's report is required pursuant to § 86-9E(8):

For areas not more than five acres, $100.

For areas more than five acres but not more than 10 acres, $175.

For areas more than 10 acres but not more than 20 acres, $225.

For areas more than 20 acres but not more than 50 acres, $275.

For areas more than 50 acres but not more than 100 acres, $400.

For areas more than 100 acres but not more than 250 acres, $500.

For areas more than 250 acres but not more than 500 acres, $800.

For areas more than 500 acres, $1,000.

The fee shall be paid at the time of submission to the Town Engineer of the soil engineer's report.

For the filing of an application with the Town Board under § 86-9E(10), $50 for each structure, payable at the time the application is filed.[1]

Editor's Note: Amended 3-12-1966 effective 9-3-1966.

(14)

The following words and phrases shall be construed as below designated:

CRAWL SPACE

Any space in a building having a height of less than four feet.

EXTERIOR WALL

Includes all walls between the main building or basement or cellar thereof and a garage attached to or included in the dwelling.

FIRST FLOOR

Shall not include the floor of any garage, whether or not attached to or included in a building or any crawl space, but first floor shall include the floor of any basement or cellar or any room in a basement or cellar.

MEAN SEA LEVEL

The average height of the sea at Sandy Hook, New Jersey, all stages of the tide being considered, as determined by the United States Coast and Geodetic Survey.

PERSON

Includes a partnership or a corporation.

§ 86-10 Application for plumbing permit.

A person, firm or corporation shall not install or cause to be installed any new plumbing or drainage work in a building or structure, or extend or alter or cause to be extended or altered any existing plumbing, or install a new sewage disposal system, or alter, rehabilitate, reconstruct or replace an existing sewage disposal system without first obtaining a permit from the Department of Buildings for such work. All requirements pertaining to plumbing and drainage, as prescribed by this chapter, shall be applicable to sewage disposal systems, unless otherwise specified or as may be determined by the Commissioner of Buildings.

[Amended 9-29-1964, effective 10-19-1964; 3-23-1971 by L.L. No. 31-1971, effective 3-29-1971; 2-23-2010 by L.L. No. 16-2010, effective 3-3-2010]

It shall further be unlawful for any property to be maintained with any plumbing or drainage work in a building or structure, for which a plumbing permit is required under the laws of the Town of Hempstead, or any law duly enforceable by the Town of Hempstead, unless and until a plumbing permit has been duly issued therefor.

It shall not be a defense to the above provisions of § 86-10 of this chapter, on behalf of any owner, tenant, or other person or entity in control of the premises, that any such plumbing or drainage work in a building or structure was fully or partially in existence prior to the time that such owner, tenant or other person or entity in control of the premises acquired such status, and they or any of them shall be liable for such violation(s) to the extent provided by law.

No person, firm or corporation shall supply or cause to be supplied or used water for any building, structure or real property within the building lines of any premises in the Town of Hempstead until a permit shall be secured.

Permit required for gas supply or meters.

[Amended 3-13-1990 by L.L. No. 21-1990, effective 3-9-1990]

No person, firm, corporation or purveyor of gas shall install or cause to be installed any pipe for the supply of gas from a meter or source of supply to a consumer's appliance in any building structure or real property within the building lines of any premises in the Town of Hempstead until a permit shall be secured.

No person, firm, corporation or purveyor of gas shall install or cause to be installed a gas meter or meters for the supply of natural gas or such other device that is a necessary component for the supply of natural gas or such other device that is a necessary component for the supply of liquefied petroleums gas to a consumer's appliance in any building, structure or real property within the building lines of any premises in the Town of Hempstead until a permit shall be secured and a test witnessed by the Plumbing Inspector of the Town of Hempstead shall have proven the integrity of the piping used for the supply of gas to a consumer's appliance.

Applications for plumbing work, including connections from a house sewer to either a private or public sewage disposal system shall be made by licensed master plumbers on forms prescribed by the Commissioner of Buildings.

[Amended 3-23-1971 by L.L. No. 31-1971, effective 3-29-1971]

The Building Department may require said applications to be accompanied by plans when such are necessary for an intelligent understanding of the proposed work.

No change shall be made in the specifications or plans for plumbing or drainage work after a permit has been issued unless an amendment showing such changes has been made to the application and they have been approved by the Plumbing Inspector.

Repairs to existing plumbing and drainage may be made without filing an application and securing a permit, but such repairs shall not be construed to include new vertical or horizontal soil, waste or vent pipes or connected additional fixtures to existing soil, waste pipes or main house drains or the replacement of the existing fixtures with others.

Domestic hot-water hookups made in conjunction with either new or conversion-type hand-fired or automatic fuel-fired installations shall require a permit by a duly licensed plumber.

The extension of a vent stack shall require a permit by a duly licensed plumber.

The following words and phrases used in this section shall be construed as below designated:

BUILDING SEWER

That part of the main drain or sewer downstream of the building trap extending from a point three feet outside of the outer wall of the building to its connection with a public sewer, private sewer, cesspool or septic system.

[Added 5-16-1978 by L.L. No. 59-1978, effective 5-22-1978]

HOUSE DRAIN

The lowest horizontal piping of the drainage system of a building, receiving the discharge from soil, waste and other drainage pipes, inside the walls of the building, extending to a point five feet outside the inner face of the foundation walls and there connecting with the house sewer.

PLUMBING

The profession, art or trade of, and all work done and all materials used in and for:

Introducing, maintaining and extending a supply of water or gas through a pipe or pipes or any appurtenances thereof in a building, premises or establishment.

Installing, connecting or repairing any system or drainage whereby foul waste, cooling water, rain or surplus water, gas, odor, vapor or fluid is discharged or proposed to be discharged through a pipe or pipes from any building, lot, premises or establishment into any main, public or private sewer, drain, pit, box, filter bed, leaching well, septic tank or other receptacle, or into any natural or artificial body of water or watercourse, upon private or public property.

Ventilating any building, sewer or fixture or appurtenance connected therewith.

Connecting any building, lot, premises or establishment with any service pipe, building sewer, water pipe, main, public or private sewer or underground structure; performing all classes of work generally done by plumbers.

PLUMBING SYSTEM

Includes the hot and cold water supply; gas supply; distributing pipes; hot water storage tanks and connections therewith; the fixtures and fixture traps; the soil, waste and vent pipes; the building drain and building sewer; the stormwater drainage with their devices, appurtenances and connections, all within or adjacent to the building or premises.

[Added 5-16-1978 by L.L. No. 59-1978, effective 5-22-1978]

PRIVATE SEWERS

Sewers that are not connected to a system of public sewers installed, serviced and maintained by the Town of Hempstead or County of Nassau.

[Added 5-16-1978 by L.L. No. 59-1978, effective 5-22-1978]

SOIL PIPE

Any vertical line of pipe having outlets above the floor of a first story for receiving discharge of water closets.

VENT PIPE

Any special pipe provided to ventilate a system of piping and to prevent trap siphonage and back pressure.

WASTE PIPE

Any vertical line of pipe having outlets above the first floor for receiving discharge of fixtures other than water closets.

Sewer connections. When an accessible public sewer abuts a lot on which there is a building or structure, all existing plumbing and any newly installed plumbing system shall be connected with the public sewer as hereinafter provided:

[Added 5-16-1978 by L.L. No. 59-1978, effective 5-22-1978]

When public sewers are available for connection, it shall be unlawful to construct, repair, pump or in any way alter any cesspool or septic tank for the use of any building or structure.

All necessary municipal permits shall first be obtained before any connection is made to a public or private sewer.

No Town permit for a sewer connection to a public sewer shall be issued unless and until the appurtenant plumbing system complies with the provisions of this chapter in relation to sewers.

It shall be unlawful to make any connection of a plumbing system to a stormwater drainage system or a stream or a watercourse for the removal of sewage.

All connections to a public sewer shall be made by a licensed plumber.

Where cesspools, septic tanks or overflow pools are discontinued after connections are made to a public sewer, the licensed plumber shall have these pools emptied, cleaned and backfilled with earth, sand or other acceptable clean material within 72 hours after connecting to the public sewer.

[Amended 1-28-1986 by L.L. No. 14-1986, effective 2-4-1986]

House sewers.

[Added 5-16-1978 by L.L. No. 59-1978, effective 5-22-1978]

The building sewer pipe shall be not less than five inches in diameter of any of the following permitted compositions: extra heavy cast-iron pipe, asbestos-cement building sewer pipe, not less than 1,500 pounds per square inch extra-strength vitrified clay or an approved grade of bituminized-fiber sewer pipe.

Any sewer line passing through a cesspool, septic tank, leaching field or any other void shall be installed with ten-foot lengths of extra-heavy cast-iron pipe and lead-caulked joints, when required.

Building sewer pipe shall be laid solidly, on a true grade of not less than one foot in 48 feet [1/4 inch per running foot], except by written permission from the Plumbing Inspector.

Building sewer pipe shall be laid as nearly as possible in a straight line. Changes in direction, when necessary, shall be with proper fittings, all connections shall be made with Y-branches, and one-eighth and one-sixteenth bends shall be made with extra-heavy cast-iron fittings.

All joints shall be made watertight with proper rubber rings, gaskets or oakum and lead, with precautions taken to prevent caulking materials from percolating into the pipes.

For cast-iron pipe where oakum and lead is used, all joints shall be firmly packed with oakum or hemp and shall be secured with pure molten lead not less than one-inch deep and properly caulked.

For asbestos-cement pipe, all joints shall be made with the standard couplings and rubber sealing rings under compression in strict accordance with the manufacturer's standards and recommendations.

(8)

For extra-strength vitrified clay pipe, all joints shall be made with proper tight-seal gaskets or firmly packed with oakum or hemp and shall be secured only with hot-poured bituminous material as recommended by the pipe manufacturer and approved by the Department of Buildings.

(9)

For approved bituminized-fiber sewer pipe, joints shall be made with tapered couplings of the same material as the pipe and in strict accordance with the manufacturer's standards and recommendations or packed with oakum and run with hot-bituminous g.k. compound.

(10)

Building sewer pipes shall be covered to a depth of at least two feet with well-rammed fine earth free from stones and rubbish.

(11)

When a building trap is installed below grade, a slate, steel or concrete cover two feet by two feet must be installed over a block or concrete pit keeping exposed the cleanout for the building sewer.

(12)

When a building sewer is being installed and no building trap, fresh-air inlet or continuous vent through the roof exists, the same must be installed with a minimum three-inch vent pipe through the roof.

(13)

All plumbing fixtures must be connected to the sanitary system when a building sewer is being installed, and all fixtures shall be properly vented or antisiphon traps installed where required.

(14)

Notice shall be given to the Department of Buildings before beginning work on a building sewer. No work shall be backfilled until it has been inspected and approved by a plumbing inspector.

(15)

Excavations or street openings necessary for sewer connections or installing building and service pipes shall be made in accordance with the regulations of the Commissioner of Highways and the ordinances and local laws applicable thereto.

(16)

It shall be mandatory for all buildings to connect to the Nassau County sewer system within two years from the date established by the Nassau County Department of Public Works for such use.

[Amended 12-12-1978 by L.L. No. 120-1978, effective 12-15-1978]

§ 86-11 Fees.

[Last amended 12-6-2022 by L.L. No. 93-2022, effective 12-22-2022]

All fees prescribed in this section shall be collected by the Building Inspector, and no permits shall be issued by the Building Inspector until such fees have been paid.

The estimated cost herein referred to means the amount of money that would ordinarily be expended for good, safe construction in the erection of the complete building or structure, exclusive of interior decoration.

Buildings, structures, and alterations.

For a permit for a new building or structure, or for the alteration of an existing building or structure, when the estimated cost does not exceed $1,000, the fee shall be $200 for residential and $400 for commercial; when the estimated cost exceeds $1,000, the fee shall be $100, plus $15 for each additional $1,000 or fraction thereof of estimated cost.

For a permit for a building or structure or for the alteration of an existing building or structure where construction has been undertaken prior to the issuance of a building permit, for which the cost did not exceed $1,000, the fee shall be $400; when the cost exceeded $1,000, the fee shall be $400 for residential and $800 for commercial, plus $30 for each additional $1,000 or fraction thereof of cost. For the purpose of this subsection, cost shall be based upon current construction cost calculations. Nothing herein shall be construed as authorizing construction or alterations of any building or structure requiring the issuance of a permit, unless and until a valid permit has been issued by the Department of Buildings therefor.

For all buildings permits that are expired within one year of completion, inspection fee for residential permits shall be $175 and $200 for commercial and any additional permits being inspection on the same premises shall have an additional inspection fee $75 per permit for residential and $100 for commercial.

Multiple accessory structures filed under one application shall be charged $200 for residential or $400 for residential maintain fee for each separate accessory structure filed under one application.

An individual requesting an extension of time, the fee shall be 25% off the original building permit fee but shall not exceed no more than $200. An extension of time can only be issued only when the permit is about to expire in no more than a week but, in order to receive an extension of time, an inspection is required.

For a permit for a new one- or two-family dwelling, the first fee shall be $500 plus the fee computed using Subsection C hereof, whichever is greater. These fees shall not be refundable.

For a permit other than a permit for the erection or alteration of a structure, which permit shall be known as a "use permit," the fee shall be $500 for a residential use and $800 for a commercial use, except that there shall be a fee of $75 in the case of a use permit for the use of a coal- or wood-burning stove.

For a permit to move a building or structure, the fee shall be $750.

For a permit for the demolition of a building or structure or part thereof, the fee shall be $400 for a single- or two-family dwelling; $150 for all other residential buildings or structures; and $800 for all nonresidential buildings or structures, provided that if the demolition is a necessary part of an alteration for which a permit has been issued, no legal fee shall be required for such demolition.

For an original certificate of occupancy for a one- or two-family dwelling or use, the fee shall be $300. For an original certificate of occupancy for all other buildings, the minimum fee shall be $300, plus $5 per $1,000 or fraction thereof of cost of construction above $1,000, up to a maximum fee of $2,000. A temporary certificate of occupancy shall require a fee of $300.

Elevators or escalators and heating, air-conditioning and other systems.

For a permit for the installation or alteration of one or more elevators or escalators in or in connection with a building or structure, the fee shall be $250 for estimated cost up to $1,000, plus $15 for each additional $1,000 or part thereof of estimated cost, provided that if such elevators or escalators are part of a new building or alteration for which a permit had been issued, no separate fee shall be charged.

For a permit for the installation or alteration of one or more major heating systems, air-conditioning systems, ventilation systems, exhaust systems, refrigeration systems, water-cooling systems and water-cooling towers, in or in connection with a building or structure, the fee shall be $300 for an estimated cost of up to $1,000, plus $15 for each additional $1,000 or part thereof of estimated cost, provided that if such major heating systems, air-conditioning systems, ventilation systems, water-cooling systems or water-cooling towers are part of a new building or alteration for which a permit has been issued, no separate fee shall be charged.

For a permit for a vault or area outside street lines, the fee shall be considered a commercial use permit of $800.

Duplicates and photostats. For the issuance of a duplicate or photostat of any document on file with the Department of Buildings, the fee shall be based on the Freedom of Information Act[1] and amendments thereto.

Editor's Note: See 5 U.S.C. § 552 et seq.

For all certificates of completion relating to building permits, the fee shall be $100 for residential and for commercial, payable upon issuance of a building permit.

For processing a request for a property search or issuing a certified copy of an existing certificate of occupancy or certificate of completion, the fee shall be $40.

For a permit to install any new plumbing or drainage work in a building or structure, the fee shall be a minimum of $70, plus an additional $40 for residential and $60 for commercial for each fixture over one. For a permit for any plumbing or drainage work in a building or structure, where the plumbing work has been undertaken prior to the issuance of a plumbing permit, the fee shall be a minimum of $120 for residential and $200 for commercial, plus $60 for residential and $100 for commercial for each fixture over one.

For a permit to extend a vent stack, the fee shall be $75 for residential and $100 for commercial.

Fixtures, house drains and meters.

For a permit to connect a single fixture, or the replacement of fixtures, to an existing plumbing system, the fee shall be a minimum of $70 for residential and $100 for commercial, plus an additional $30 for residential and $50 for commercial for each fixture over one.

For a permit to alter a house drain in conjunction with a current sewer permit, the fee shall be $50 for residential and $75 for commercial.

For a permit to install a gas meter for natural gas or a device to connect a source of liquefied petroleum gas:

To a new or existing building or structure, first meter: no additional charge above the per-fixture charge for appliances to be serviced.

To a new or existing building or structure, additional meter: $60 for residential and $100 for commercial in addition to the per-fixture charge for appliances to be served.

For replacement of an existing meter or device with a meter or device of greater capacity: no additional charge above the per-fixture charge for appliances creating the higher gas flow replacement.

For a certificate of approval of plumbing or drainage work, the fee shall be $100 for residential and commercial, payable upon issuance of a plumbing permit.

Water service.

For a permit to install a sprinkler or standpipe system in a building, the fee shall be $60 for residential and $100 for commercial per cost of installation of $1,000, plus $30 for residential and $50 for commercial for each additional cost of $1,000 or part thereof.

For a permit based upon the size of the water service/fire service and backflow prevention device the fees shall be:

Description	Residential Construct	Commercial Construct
Water and fire mains - 1"	$140	$350
Water and fire mains backflow - 1"	$70	$100
Water and fire mains - 1.25" to 2"	$220	$450
Water and fire mains backflow - 1.25" to 2"	$70	$100
Water and fire mains - 3" to 4"	Na	$550
Water and fire mains backflow - 3" to 4"	Na	$200
Water and fire mains - 5" to 8"	Na	$650
Water and fire mains backflow - 5" to 8"	Na	$250

*	All plumbing/gas fees started without the benefit of a permit shall be filed as a maintain permit and the fees are to be doubled with the exception of the certificate of approval fees.

For a permit to replace a fire escape, the fee shall be $400 for an estimated cost of installation of up to $1,000, plus $15 for each additional $1,000 or fraction thereof of estimated cost.

The annual registration fee for a multiple residence or any inspection of a multiple residence at the request of any person, firm or corporation shall be $350 for up to and including 10 units and $10 per unit thereafter.

The Building Inspector is authorized to fix, by regulations, a schedule of square feet and/or cubic feet for buildings or structures of varying types of construction and classes of occupancy to serve as the basis for determining estimated costs. The estimated cost of the structure shall be determined by the Building Inspector.

The payment of a fee, as provided in this section, shall in no way relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinance for inspection, certificates, sewer connections, water taps or other privileges or requirements. In an instance where an inspection is required for permits that have been expired more than two years, for the first permit the fee shall be $175 for residential and $200 for commercial and for every permit over one the fee shall be $75 each.

After building permit application has been approved or a building permit has been issued, no fees in this section shall be refunded for reason of abandonment of the project or revocation of a permit or for willful violation of the provisions of the Building Code.

When an applicant for a permit under Subsection C of this section files supplementary plans which require a reexamination by plan examiners after an approval of the application, an additional fee shall be charged in the following amounts: $75 for residential and $100 for everything else.

Where the estimated cost of change does not exceed $1,000 the fee shall be 20% of the original permit fees, with a maximum percentage fee of $2,000.

A special or unusual research of the Department of Buildings' records shall be performed at the following fee schedule:

Clerical to Grade 15, the fee shall be $15 per hour or fraction thereof.

Semiprofessional to Grade 23, the fee shall be $25 per hour or fraction thereof.

Professional above Grade 23, the fee shall be $50 per hour or fraction thereof.

In an instance where an additional inspection is requested, other than any inspection required with the issuance of a permit, including mother/daughter, senior residence, etc., the fee shall be $150.

AA.

The fee for an application to the Department of Buildings for a permit to maintain a second kitchen in a one-family dwelling shall be $200.

There may be additional fees associated with the BZA per Chapter 85 of the Board of Architectural Review in Town Code.

BB.

The fee for an application to the Department of Buildings for a certificate of occupancy specifying a legal nonconforming use shall be $400 for a one- or two-family dwelling and $750 per application for all other uses.

CC.

For each inspection caused to be made by the Commissioner of the Department of Buildings pursuant to § 89-3C of the Code of the Town of Hempstead, the fee shall be $300.

DD.

For a sewer permit to install or repair a house sewer, the fee shall be $125 plus $75 for the C/A (this item complies for both residential and commercial).

EE.

The fee for an application to install a residential solar photovoltaic system shall be $300 and power wall shall be $200.

Legislative intent.

It has been established that the building permit application process, including building permit application fees, is an impediment to the advancement of deploying solar energy on Long Island.

It is the intent of the Town to protect the public health, safety and welfare of its residents and promote the use of renewable forms of energy.

The fee for the installation of residential solar photovoltaic systems is currently determined by the estimated cost of construction.

(d)

By establishing a building permit application fee cap for the installation of residential solar photovoltaic systems and power walls, set at a nominal fee of $300 for solar panels and $200 for power wall the Town of Hempstead is encouraging the development and growth of renewable forms of energy in the Town.

FF.

Wireless telecommunications installations.

The fee for the modification of an existing macro facility constituting an eligible facilities request [47 C.F.R.1.6100(3)] shall be $2,500.

The fee for collocation [47 C.F.R. § 1.6002(g)(1-3)] on an existing structure shall be $2,500.

The installation of a wireless macro facility on a new site involving a new, freestanding structure shall be $3,500.

The installation of a small wireless facility (47 C.F.R. § 1.6002) including, distributed antenna system (DAS) node (outdoor and/or indoor) upon an existing utility or nonutility structure shall be $500 for the first five nodes, with an additional $100 for each additional node.

The installation of a small wireless facility (47 C.F.R. § 1.6002) including, distributed antenna system (DAS) node (outdoor and/or indoor) on a new freestanding structure (not involving a co-location) shall be $1,000 for nonrecurring fees for a new pole intended to support one or more small wireless facilities.

There shall be an annual fee of $270 for a small wireless facility (47 C.F.R. § 1.6002) including, distributed antenna system (DAS) node (outdoor and/or indoor).

The attachment of a small wireless facility (47 C.F.R. § 1.6002) including, distributed antenna system (DAS) node (outdoor and/or indoor) to municipally owned structures in the municipal right-of-way shall be $500.

GG.

Fee for scanning of filed application documents for internal Department of Buildings database: $35 for each 20 pages scanned or final fraction thereof, payable at the time that a final determination is rendered on the application.

HH.

Fee for expedited review of certain minor building permit applications within a timely fashion days after filing (in addition to all other applicable fees): proposed: $200 per application; maintain: $400 per application. Covered applications shall be those which the Commissioner of Buildings determines to be minor, pursuant to rules to be promulgated and amended from time to time by the Commissioner. Notwithstanding the foregoing, the Commissioner of Buildings shall have the authority to determine that any building permit application shall not be eligible for expedited review. Notwithstanding the foregoing, any application which is the subject of a current and binding stop-work order, or for which a notice of violation has been issued, or for which there are any outstanding enforcement proceedings commenced by the Town, shall not be eligible for expedited review. No such review shall constitute a guarantee that any application shall be finally determined within a specific time period.

II.

No sign authorized by the Board of Zoning Appeals or subject to a permit required by this article shall be erected or maintained until a permit, or the renewal of an existing permit, is issued by the Commissioner of Buildings, subject to the payment of a fee, every three years, in the amount of $1.75 per square foot, or fraction thereof, for each face of the sign used. The minimum fee, every three years, for each sign requiring a permit shall be $50, and $100 for maintain except as otherwise stated in this article.

JJ.

Fees.

Fees for public assembly licenses issued under this chapter shall be payable annually and shall be based on the number of persons each place is designed to accommodate as certified by the Commissioner.

Fee per number of persons; maximum.

Annual fees for public assembly licenses shall be determined pursuant to the following table:

Capacity in Persons	Fee per Year or Fraction Thereof
0 to 100	$250
101 to 300	$400
301 to 500	$500
501 to 1000	$900
1,001 to 1,100	$1,500

An additional fee of $25 shall be charged for each 100 persons or fraction thereof in excess of $1,100.

Where there is more than one place of public assembly in the same building and the applicant is the same for the several places of public assembly therein, the fee shall be determined on the basis of the sum of the combined occupancies.

The fee required for filing an application under this chapter shall be $150. If the application is disapproved, the filing fee shall be retained to cover the cost of processing. If the application is approved, the filings fee shall be credited and applied to the total fee.

The fee for the extension of a temporary license shall be $50 for each 30 days or fraction thereof and shall be payable upon application for each extension. Any fees paid for an extension of a temporary license shall be nonreturnable and shall not be applicable to the total fee required.

A fee of $25 shall be charged for the replacement or substitute copy of a temporary or approved license or occupancy poster.

KK.

Reinstatement of expired permit fee shall be based upon the percentage of work yet to be completed and the original permit fee charged. An additional reinspection fee of $175 for residential and $200 for commercial will be charged for verification purposes.

LL.

Sec. 1203 Condition Assessment administration report filing fee with the Department of Building shall be $150.

§ 86-12 Action on application for permits.

The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.

Upon approval of an application for a permit and upon receipt of the legal fees therefor, the Building Inspector shall issue a permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.

Upon approval of an application for a building permit, 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 Department 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.

If an application for a building or plumbing permit, 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 or plumbing and drainage laws, ordinances and regulations, the Building Inspector shall disapprove the same and the plans and specifications shall become part of the public record. Upon request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

No permit for plumbing or drainage work shall be issued unless and until the application relating thereto has been approved by a Plumbing Inspector.

Nothing in this section shall be construed to prevent the Building Inspector from authorizing a permit for the construction of part of a building or structure when plans and detailed statements of said building or structure have been submitted or approved, provided that the information required by § 86-9 of this chapter has been filed. The part of the construction to be permitted to be at the discretion of the Building Inspector, and any such work done under approval, in part, to be at the risk of the applicant.

Residential solar photovoltaic systems.

[Added 9-8-2015 by L.L. No. 75-2015, effective 10-9-2015]

Legislative intent. It has been established that variations in the building permit application process between municipalities can be an impediment to the advancement of deploying solar energy on Long Island. For the benefit of the public and to promote the most efficient use of energy resources, the Town of Hempstead is a partner community in the New York Solar Smart Program, working to reduce impediments to solar installation and to enable solar market growth. The Long Island Power Authority's "solar energy system fast track permit application" is a standardized permit for use by all Long Island municipalities that simplifies and streamlines the permitting of small-scale photovoltaic systems and increases consistency and transparency in permitting. It is vital that the Town of Hempstead participate in that process.

Residential solar photovoltaic system. A building permit application for a residential solar photovoltaic system shall require the submission of a fast track permit application, based on the Long Island Power Authority's "solar energy system fast track permit application" pursuant to the New York State Energy Research and Development Authority's Cleaner Greener Long Island Sustainability Plan.

§ 86-13 Performance of work under building permit or plumbing permit; conditions of permit.

[Amended 3-23-1971 by L.L. No. 30-1971, effective 3-26-1971]

A building permit or a plumbing permit shall be considered authorization to commence work in accordance with the application, plans and specifications as approved by the Department of Buildings. Except for building or plumbing permits issued for demolition purposes, work shall commence within 90 days of the date of issuance. For permits issued for demolition purposes, work shall commence within 15 days of the date of issuance. A project shall be deemed abandoned if work is not commenced within the specified time limitation, or if the project is not completed prior to the permit expiration date.

Whenever a project has been deemed abandoned, it shall be unlawful to continue work thereon except upon the issuance of a supplementary permit setting forth an extension of time. However, if a written application is filed simultaneously with the required fee, outlining the reasons necessitating an extension of time, the Commissioner of Buildings may, for good cause, allow a reasonable extension of time and grant the issuance of a supplementary permit.

Each supplementary permit issued for an extension of time shall be limited to a period of 90 days or less, except that each extension granted on a permit for demolition work shall be limited to a period of 15 days or less. If any project for which a building or plumbing permit has been issued, except for demolition work, has not been completed within one year from the date of issuance, it shall be deemed abandoned. Permits for demolition work shall be considered abandoned if such demolition is not completed within 30 days of the date of issuance of such permit. Where application is made to complete any project within a period of time beyond said one-year period, it will be necessary to obtain a supplementary permit for an additional period, but in no event shall this completion period be extended beyond two years from the original date of issuance.

The fee required for each extension requested shall be 25% of the total fees charged for the issuance of such permit, but shall not be less than $50 nor exceed $120. The fee required upon filing the application for extension of a permit shall be payable at such time. Any fees paid for an extension shall be nonrefundable and shall not be applicable to nor deductible from any other fees associated with such permit.

[Amended 6-12-1979 by L.L. No. 57-1979, effective 6-18-1979; 3-16-1982 by L.L. No. 29-1982, effective 3-22-1982; 6-15-2004 by L.L. No. 60-2004, effective 7-6-2004]

The location of a new building or structure or an extension of an existing building or structure shown on an accepted and approved plot diagram or an approved amendment thereof shall be strictly adhered to.

It shall be unlawful to reduce or diminish the area of any lot or plot for which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in condition shall have been filed and approved; provided, however, that this shall not apply when the lot area is reduced by reason of a street opening or widening or other public improvement.

Notice in writing shall be given to the Commissioner of Buildings at least 24 hours before the commencement of any work requiring a permit.

Where a permit is required for the construction or erection of walls, ceilings or partitions, or where such work is done in conjunction with other work requiring a permit, the Commissioner of Buildings shall be notified, in writing, and permission shall be secured before installing insulation, lath, plaster, plasterboard or any other covering thereon.

Permits, plans and surveys approved by the Department of Buildings shall be available on the job site at all times during the progress of construction. Permits issued by the Department of Buildings shall be displayed and affixed so as to be readily seen from adjacent thoroughfares during this period.

§ 86-14 Supervision of construction.

No building which is to have a total floor area in excess of 10,000 square feet shall be constructed except under the supervision of a professional engineer or architect licensed or registered in the State of New York.

No permit will be issued for the construction of a building which is to have a total floor area in excess of 10,000 square feet until an affidavit is filed with the Building Department certifying that the construction of such building will be supervised by a professional engineer or architect licensed or registered in the State of New York. The affidavit shall be signed and sworn to by the engineer or architect who will supervise the construction of such building, and shall have his professional seal affixed. In the event such engineer or architect shall, for any reason, discontinue his supervision of the construction of the building at any time prior to the completion, he shall immediately notify the Building Department of such fact and thereupon the building permit issued for such construction shall be suspended and no further work shall be done thereunder until another such affidavit shall be filed with the Building Department certifying that supervision of the construction has been resumed by another or the same engineer or architect.

No certificate of occupancy will be issued for a building having a total floor area in excess of 10,000 square feet until a final certificate is filed with the Building Department by the engineer or architect who supervised the construction, that the building was in fact erected in conformity with the plans therefor filed with the Building Department.

§ 86-15 Abandonment of project.

In the event of the abandonment of any building project, it shall be the duty of the holder of the permit or the owner of the premises, his agent or duly authorized representative, to backfill any open excavation up to the street or ground level; in case the construction of the building or structure has proceeded beyond the cellar excavation, all incompleted structures or openings shall be completely boarded up so as to prevent access to the building or structure, in order to limit and prevent danger to persons or property and possible fire hazards.

§ 86-16 Revocation of permits.

The Building Inspector shall have authority to revoke permits theretofore issued in the following instances:

Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specification on which the building permit was based;

Where he finds that the permit was issued in error and should not have been issued in accordance with the applicable law;

Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or

Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.

§ 86-17 Stop orders.

Whenever the Building Inspector has reasonable grounds to believe that work on or in any building or structure is being prosecuted in violation of the provisions of the applicable building or plumbing 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 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 the same upon a conspicuous portion of the building under construction and sending a copy of same by registered or certified mail.

§ 86-18 Certificate of occupancy.

No building hereafter erected 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 conforms substantially to the permit and the requirements of law applying to buildings of its class and kind.

No building hereafter enlarged or extended, or so altered, wholly or in part, as to change its classification as a residential, business, light manufacturing or industrial building, and no building hereafter altered for which a certificate of occupancy had not been issued heretofore, shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued by the Building Inspector certifying both that the work for which the permit was issued has been completed substantially in accordance with the permit and the provisions of law applying to such an alteration, and that the building is safe for occupancy insofar as can be determined by visual inspection; provided that if the occupancy or use of such building was not discontinued during the work of alterations, the occupancy or use of the building shall not continue for more than 30 days after completion of the alteration unless such certificate shall have been issued.

§ 86-19 Certificate of completion.

[Amended 2-23-2010 by L.L. No. 17-2010, effective 3-3-2010]

In those instances where work is performed under a permit but no certificate of occupancy is required, the Building Inspector shall issue a certificate of completion if it is found that the proposed work has been completed substantially in accordance with the permit and the laws applicable thereto. The certificate shall also indicate the use or uses to which the structure or installation may thereafter be put and to what extent.

It shall be unlawful for any owner, tenant, or other person or entity in control of the premises to maintain any work performed under a building permit for a period of longer than one year from the issuance of said permit, without a certificate of completion, unless a supplementary building permit extending time for completion has been issued.

§ 86-21 Inspection prior to issuance of certificate of occupancy, certificate of completion, or certificate of approval of plumbing or drainage work.

It shall not be a defense to the above provisions of § 86-19 of this chapter, on behalf of any owner, tenant, or other person or entity in control of the premises, that any such work performed under a building permit for a period of longer than one year from the issuance of said permit, without a certificate of completion, unless a supplementary building permit extending time for completion has been issued, was fully or partially in existence prior to the time that such owner, tenant, or other person or entity in control of the premises acquired such status, and they or any of them shall be liable for such violation(s) to the extent provided by law.

§ 86-20 Certificate of approval of plumbing or drainage work.

[Amended 2-23-2010 by L.L. No. 18-2010, effective 3-3-2010]

In those instances where plumbing or drainage work is to be performed under a permit, the Building Inspector shall issue a certificate of approval of the plumbing or drainage work if it is found that said work has been completed substantially in accordance with the permit and the laws applicable thereto.

It shall be unlawful for any owner, tenant, or other person or entity in control of the premises to maintain any work performed under a plumbing permit for a period of longer than one year from the issuance of said permit, without a certificate of approval of the plumbing or drainage work, unless a supplementary plumbing permit extending time for completion has been issued.

It shall not be a defense to the above provisions of § 86-20 of this chapter, on behalf of any owner, tenant, or other person or entity in control of the premises, that any such work performed under a plumbing permit for a period of longer than one year from the issuance of said permit, without a certificate of approval, unless a supplementary plumbing permit extending time for completion has been issued, was fully or partially in existence prior to the time that such owner, tenant, or other person or entity in control of the premises acquired such status, and they or any of them shall be liable for such violation(s) to the extent provided by law.

Before issuing a certificate of occupancy, a certificate of completion, or a certificate of approval of plumbing or drainage work, the Building Inspector shall examine or cause to be examined all buildings, structures, sites and work for which such application has been filed; and he may conduct such inspection as he deems appropriate from time to time during and upon completion of the work.

There shall be maintained in the Building Department a record of all such examinations and inspections, together with a record of findings of violations of the law.

§ 86-22 Issuance of certificate of occupancy, certificate of completion, or certificate of approval of plumbing or drainage work.

A certificate of occupancy, a certificate of completion, or a certificate of approval of plumbing or drainage work shall be issued within a reasonable time after application therefor is made.

A final survey must be submitted before a certificate of occupancy or a certificate of completion will be issued.

§ 86-23 Temporary certificate of occupancy.

Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life, health or the public welfare. A temporary certificate of occupancy may be issued for a period not exceeding three months from its date of issuance and shall be void thereafter, except that for good cause the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each.

§ 86-24 Tests.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests by a testing agency designated by the Building Inspector at the applicant's own cost, in order to furnish proof of such compliance.

§ 86-25 Penalties for offenses.

[Amended 8-15-1967, effective 9-4-1967; 1-4-1972 by L.L. No. 3-1972; 8-25-1987 by L.L. No. 72, effective 8-31-1987; 5-10-2005 by L.L. No. 44-2005, effective 5-31-2005]

In accordance with § 382 of Article 18 of the Executive Law of the State of New York:

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 law or rule promulgated by the Building Department in accordance with applicable laws or to fail, in any manner, to comply with a notice, directive or order of the Building Inspector or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building or plumbing permit or certificate of occupancy.

[Amended 9-20-2016 by L.L. No. 82-2016, effective 10-6-2016]

For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine of not less than $500 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $1,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $3,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both. Each day that the violation continues shall constitute a separate additional offense.

[Amended 9-20-2016 by L.L. No. 82-2016, effective 10-6-2016]

Except as provided otherwise by law, such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.

§ 86-26 Abatement of violation.

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 penalties otherwise prescribed by law.

§ 86-27 Unsafe buildings. [1]

All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, are, severally, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.

The Building Inspector shall examine or cause to be examined every building reported as unsafe or damaged, and shall make a written record of such examination.

Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building as defined in this section, he shall, in the same manner as provided for the service of stop orders in § 86-17 of this chapter, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.

If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Building Inspector. The Building Inspector shall cause to be posted at each entrance to such building a notice that the building is unsafe, forbidding anyone to enter it and directing the owner to get in touch with the Building Department immediately. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, or their agents or other persons, to remove such notice without written permission of the Building Inspector, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.

In case the owner, agent or person in control cannot be found within the stated time limit, or if such owner, agent or person in control fails, neglects or refuses to comply with notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, the Town Attorney shall be advised of all the facts in the case and shall institute an appropriate action in the courts to compel compliance.

In case of emergency which, in the opinion of the Building Inspector, involves imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be vacated and to be made safe or to be removed. For this purpose he may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a public or private way.

Costs incurred under Subsections E and F of this section shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.

The funds deposited with the Town as an undertaking pursuant to §§ 128-61.1 or 128-61.2 of the Town Code may be used by the Commissioner of Buildings to remedy any unsafe condition existing at a foreclosure property which is the subject of the undertaking, and in that event, the utilized funds shall be replenished as provided in such sections, in the same manner and under the same requirements as if the funds had been used by the Commissioner of Sanitation, as provided therein.

[Added 6-21-2016 by L.L. No. 54-2016 effective 6-28-2016]

Editor's Note: See also Ch. 90, Dangerous Buildings and Structures.

§ 86-28 Zoning restrictions.

The restrictions of the Building Zone Ordinance, with respect to the location of trades and industries, the use and occupancy of buildings and the areas of yards and other open spaces, and the height of buildings and structures, shall not be deemed to be modified by any provision of this chapter; and those restrictions shall be controlling except insofar as this chapter imposes greater restrictions by reason of the type of construction used, in which case the provisions of this chapter shall control.

§ 86-29 No legalization due to delinquency.

No oversight or dereliction of duty on the part of the Building Inspector or on the part of any employee of the Building Department shall legalize the erection, construction, alteration, removal of, use or occupancy of a building or structure that does not conform to the applicable building or plumbing laws, ordinances or regulations, or that does not conform to the provisions of an application, plans or specifications on the basis of which a building permit or plumbing permit was issued, or that does not conform to the applicable provisions of the Building Zone Ordinance.

§ 86-30 Fire limits.

[Amended 2-16-1965, effective 3-8-1965; 7-9-1974 by L.L. No. 68-1974, effective 7-12-1974]

Fire limit A is hereby established to include the districts designated by the Building Zone Ordinance as industrial districts and light manufacturing districts.

Fire limit B is hereby established to include the districts designated by the Building Zone Ordinance as Residence CA District. Cluster Residence (CR) District. Golden Age Residence (GA) District, Business District, Educultural District, Marine Commercial District, Marine Recreation District, Marine Resort District, Mitchel Field Hotel District, Urban Renewal Highway Commercial District, Urban Renewal Residence C District and Planned Unit Development (PUD) District.

[Amended 3-23-1993 by L.L. No. 19-1993, effective 3-29-1993]

§ 86-31 Plumbers' Examining Board.

[Amended 5-17-1966, effective 6-10-1966]

The Town Board shall appoint a Plumbers' Examining Board, hereinafter referred to as the "Board," which shall consist of five members, one of whom shall be designated as Chairman. Said Board shall hold office at the pleasure of the Town Board and shall receive such compensation as the Town Board may fix.

§ 86-32 Qualifications.

Each member of the Board shall be a master plumber who shall have had not less than 10 years' practical experience in the plumbing trade.

§ 86-33 Meetings.

The Board shall meet at the call of the Building Inspector. Notice of meetings of the Board shall be given by mailing notice of the time and place of meeting, addressed to each member at his last known post office address, at least 24 hours before the time of such meeting.

§ 86-34 Regulations.

The Board shall make rules and regulations for the conduct of its business as an Examining Board.

§ 86-35 Duties.

The Board shall examine each applicant for a license to determine his qualifications for a master plumber's license under this code and shall recommend to the Building Inspector that a license be issued to each applicant who passed and qualified at such examination.

§ 86-36 Master plumber's license required.

No person shall engage in or conduct a business of maintaining, installing or altering, repairing or contracting to install, alter or repair any plumbing in the Town of Hempstead until such person shall apply for and obtain a master plumber's license to engage in such business as herein provided.

§ 86-37 Application for licenses.

[Amended 1-22-1963, effective 2-24-1963; 8-26-1969 by L.L. No. 40-1969, effective 1-1-1970; 8-25-1987 by L.L. No. 72-1987, effective 8-31-1987; 6-23-1998 by L.L. No. 30-1998, effective 7-22-1998; 9-20-2016 by L.L. No. 83-2016, effective 10-6-2016]

Any person desiring a master plumber's license shall make a sworn application, in writing, accompanied by a filing and examination fee of $150, not returnable, and by two photographs of the applicant, approximately 1 1/2 inches by 1 1/2 inches, taken within the past 30 days, to the Building Inspector, who, if said application is in good order, shall refer it to the Board. The Board shall thereupon arrange and conduct an examination as to competency and qualifications of such applicant within six months of the date of said application, except that, where the applicant is, at the time of making the application, a duly licensed master or employing plumber in any other municipality in the State of New York, he shall submit a certified or photo static copy or a certificate of competency or license issued by such municipality. If he shall maintain his principal place of business or reside in such municipality, examination hereunder will be waived, provided that such municipality has adopted an ordinance waiving examination of master plumber's license under this Code on application for a license to do plumbing in said municipality. The fee, however, in such case shall be the same as for those requiring examination by the Board.

A partnership or corporation may establish, engage in or carry on the business of plumbing under a master plumber's license granted in accordance with the provisions of this section to a master plumber who is the principal stockholder in such business, hold an office in that business and will be responsible for the carrying on of such business in accordance with the provisions of the laws, ordinances and regulations of the state, county and town applicable to said business.

After such examination, said Board shall endorse on said application its recommendation of approval or disapproval of the application and shall submit such recommendation to the Building Inspector.

A fee of $300 shall be paid at the time a master plumber's license is issued.

There shall be a fee of $150 per year as a renewal fee for all applicants.

Every master plumber's license shall expire two years from December 31 next succeeding the date it shall have been issued and may be renewed without examination for the succeeding three years upon the payment of a fee of $90 as required by § 86-37E if said renewal application is filed prior to January 31 of the year following the year of expiration. This subsection shall become effective on January 1, 1987. Of the renewal applications due on or before December 31, 1986, by lottery 1/3 of the total number of said licenses shall be renewed for a period of one year, 1/3 shall be renewed for a period of two years, and 1/3 shall be renewed for a period of three years. If a renewal application is filed after January 31 but prior to December 31 of the year following the year of expiration, an additional renewal payment of $100 will be required.

If a renewal is filed after December 31 of the year following the year of expiration, all procedures heretofore set forth concerning new applications shall apply, including the payment of a filing and examination fee of $30 and a fee of $100 at the time the license is issued.

§ 86-38 Notice of change.

Whenever a licensed master plumber shall retire from business or remove his place of business from the place named in his application for license, the Building Department shall be notified of such retirement or removal and shall be given the address of the new place of business in case of such removal.

Any licensed plumber who, because of his employment, shall be subjected to a conflict of interests shall surrender his license to the Building Inspector within 60 days of such employment. At the termination of such employment, his plumbing license shall be immediately restored upon payment of the current registration renewal fee.

§ 86-39 Revocation and suspension of licenses.

[Amended 4-10-2018 by L.L. No. 28-2018, effective 4-23-2018]

A master plumber's license granted under the provisions of this chapter may be revoked or suspended by the Commissioner of Buildings, after due notice to the licensee, and after a hearing by the Plumbers Examining Board on the matter. Said notice shall state the charges that are the basis of the proposed revocation or suspension, constituting violation(s) of one or more provisions listed in § 86-40 hereof. Said notice shall be served either personally or by certified mail, return receipt requested, to the licensee's last known address. Said hearing shall be held after at least 10 days' notice to the licensee. At said hearing, the licensee shall have an opportunity to appear and be heard in relation to the proposed revocation or suspension. Minutes of the hearing shall be transcribed by a court reporter.

§ 86-40 Hearing, findings, recommendation and action.

[Amended 4-10-2018 by L.L. No. 28-2018, effective 4-23-2018]

After the appropriate notice is given to the licensee, the required hearing is conducted, and written findings of fact and a recommendation are provided by the Plumbers Examining Board, the Commissioner of Buildings may, in additional to any other remedy available to him, revoke (or suspend for a period of up to one year) any master plumber's license, for any of the following conduct: failure to file an application for a permit prior to the installation of plumbing work; failure to take the required action called for upon receipt of a violation notice; performance of plumbing work in violation of the requirements of this chapter; renting or lending a license to a third party (see § 86-42, below); a felony conviction; altering or defacing a certificate of inspection or approval; or filing an application to perform plumbing work, for a person not licensed as a master plumber by the Town of Hempstead.

§ 86-41 Civil penalty. [1]

[Added 12-7-1993 by L.L. No. 75-1993, effective 12-13-1993; amended 4-10-2018 by L.L. No. 28-2018, effective 4-23-2018]

Additionally or alternatively, after the hearing and upon a finding of violation, the Building Commissioner may impose civil penalties on any master plumber committing an offense against any of the provisions of § 86-40, in an amount not less than $3,000 per offense.

Editor's Note: Former § 86-41. Bond, as amended was repealed 8-26-1969 by L.L. No. 40-1969, effective 1-1-1970.

§ 86-42 License restrictions.

[Amended 8-26-1969 by L.L. No. 40-1969, effective 1-1-1970; 4-10-2018 by L.L. No. 28-2018, effective 4-23-2018]

No master plumber shall, directly or indirectly, allow his/her license to be used in connection with work not actually performed by him/her or his/her employee(s). Employees shall be considered people who work for the master plumber for no fewer than 35 hours per week, or for no fewer than the minimum number of hours required of employees under applicable union rules, as determined by the Commissioner of Buildings.

No master plumber may hold/own or be an officer of more than one corporation for the purpose of performing plumbing work. A master plumber must notify the Town, in writing:

The corporation he/she does plumbing for;

His/her position in the corporation; and

A list of the other licensed plumbers, if any, working for the corporation.

§ 86-43 Application to the Town Board.

Any applicant refused a license hereunder may apply to the Town Board therefor as provided in § 137 of the Town Law.

§ 86-44 Public liability and property damage; insurance. [1]

[Added 3-4-2008 by L.L. No. 17-2008, effective 3-20-2008; amended 6-21-2011 by L.L. No. 53-2011, effective 6-28-2011; 4-10-2018 by L.L. No. 28-2015, effective 4-23-2018]

Every applicant shall, prior to the issuance of a master plumber's license or a renewal thereof, obtain public liability insurance, and file a certificate thereof with the Department of Buildings, which shall protect him/her from claims for damages for bodily injury, including death, as well as claims for damages to property. The limits of said policy shall not be less than $1,000,000 single limit for all damages arising out of bodily injury and property damage, with a general aggregate of $2,000,000. The insurer must be a New York State licensed insurer with an "A" rating by AM Best and Company. Said insurance shall remain in full force and effect throughout the license period and shall provide that cancellation or material modification to such policy shall not be made unless at least 15 days' prior written notice thereof be given by registered or certified mail to the Commissioner of Buildings of the Town of Hempstead. The Town of Hempstead must be listed as an additional insured and a certificate holder of said insurance coverage.

Editor's Note: Former §§ 86-44 through 86-46 which dealt with the Electricians' Examining Board, master electricians and electric wiring and apparatus, respectively, as amended, were repealed 2-24-1976 by L.L. No. 14-1976, effective 3-1-1976. For current provisions, see Ch. 84, Master Electricians.

§ 86-45 through § 86-46. (Reserved)

§ 86-47 Erosion protection of waterfront properties.

[Added 5-21-1963; amended 3-17-1964; 5-6-1969 by L.L. No. 14-1969, effective 5-12-1969]

Editor's Note: The legislative findings, which originally appeared as Subsection (a) of this section, were as follows:

"It is hereby found and declared to be in the public interest that properties in proximity to inland tidal waters be protected against the ravages of erosion and evulsion and the danger to occupants of buildings erected upon such properties attendant thereon. This section is enacted to protect, insofar as practical, property on, or in proximity to, inland tidal waters from the ravages of storms, high-tide damage, erosion and flooding and other effects of natural as well as boat-created waves. It is the further intent of this section to create better conditions for the future deepening of waterways for navigation and recreation, for future widening of navigable channels, for future widening and deepening of tidal waterways for drainage purposes and for such other purposes as may be in the future arise.

"It is the further finding of the Town Board that many properties which do not immediately abut the mean high-water line of tidal waters are or may be subject to the same hazards as would be a property which is immediately adjacent to and abutting on such mean high-water line, particularly insofar as they are separated from the tidal waters by a portion of land which is subject to erosion, evulsion and those other hazards hereinabove listed, for which reason this Town Board finds that it is necessary and desirable to provide for the protection of properties thus located and the occupants thereof as well.

"This section is further designated to eliminate, insofar as possible, the extension of the upland property into the waterway beyond the natural mean high-water mark by the unnatural deposit of sand or fill. Such extension of upland property, whether by way of creating a beach or otherwise, has the effect either of depriving the upland owner of the exclusive use of his waterfront or of creating a situation where the public might wrongfully be deprived of the use of town-owned lands which theretofore had been under water. Such condition is hereby declared to be not in the best interest of either the Town or the adjacent upland owner.

"For the reasons above stated it is the finding of the Town Board that this section will promote the safety, health and general welfare of the people of the Town of Hempstead." erosion, evulsion and those other hazards hereinabove listed, for which reason this Town Board finds that it is necessary and desirable to provide for the protection of properties thus located and the occupants thereof as well.

"This section is further designated to eliminate, insofar as possible, the extension of the upland property into the waterway beyond the natural mean high-water mark by the unnatural deposit of sand or fill. Such extension of upland property, whether by way of creating a beach or otherwise, has the effect either of depriving the upland owner of the exclusive use of his water-front or of creating a situation where the public might wrongfully be deprived of the use of town-owned lands which theretofore had been under water. Such condition is hereby declared to be not in the best interest of either the town or the adjacent upland owner.

"For the reasons above stated it is the finding of the Town Board that this section will promote the safety, health and general welfare of the people of the Town of Hempstead."

No building permit shall be issued in connection with any parcel of realty adjacent to and abutting inland tidal water unless there shall be installed upon said parcel a bulkhead along the entire waterfront of such parcel and wholly contained on the landward side of the mean natural high-water line.

If no such bulkhead has been installed prior to such application for permit, such permit shall not be issued unless and until the owner has obtained a permit to construct the same pursuant to Chapter 168 of the Code of the Town of Hempstead entitled "Structures in Waterways," or, in lieu thereof, has furnished the Town of Hempstead with a performance bond for the installation of such bulkhead, including the provision of navigable access thereto, as provided in said Chapter 168, in such amount and in such form and upon such conditions as may be acceptable to the Director of the Department of Conservation and Waterways. In the event a performance bond for the installation of such bulkhead is filed with the Nassau County Planning Commission, said amount is to be deducted from the total amount of the aforementioned bond.

No certificate of occupancy shall be issued for any building or structure erected under a building permit governed by this chapter unless and until the bulkhead required by Subsection B of this section has been completed according to the plans and specifications approved by the Director of the Department of Conservation and Waterways evidenced by a certificate of compliance.

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this chapter, the Town Board may vary or modify the application of such provisions so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done, and in so doing may impose such conditions for the protection of persons and property affected as it may deem reasonable and in the public interest.

An application to the Town Board for a variance of the requirements of Subsection C of this section shall be made by petition submitted in triplicate and verified, and each copy shall be accompanied by an accurate survey showing such data as may be pertinent to the application. The petition shall set forth the following:

Name and address of the owner of the property.

Short description of the property.

Lot, block and section designation of the property as shown on the most recent Nassau County land and tax map.

The specific matter with respect to which a variance is sought.

The respect in which compliance with this section will cause practical difficulties and unnecessary hardships.

The manner in which the applicant proposes to make provisions for safeguards in connection with the items with respect to which the variance is sought.

The Town Board may, on its own motion, review any application for a building permit governed by the provisions of this chapter and may, upon such review, impose such conditions for the protection of persons and property affected by the proposed erection or installation as it may deem reasonable and in the public interest.

A filing fee of $15 shall be paid at the time of filing of an application to the Town Board pursuant to Subsection D of this section.

Nothing in this section contained shall be construed to waive the requirements of Chapter 159 of the Code of the Town of Hempstead, and the removal of any material from under water or adjacent to water shall continue to be governed by said Chapter 159.

For the purpose of this section, the term and phrase "mean high-water line" shall be the natural high-water line of property abutting on tidal water or such line as shall be fixed by boundary line agreement between the owners of real estate and the Town of Hempstead.

Notwithstanding the provisions of this chapter, to the extent that the installation of a bulkhead shall take place at variance or contrary to the regulatory authority of the New York State Department of Environmental Conservation pursuant to Article 25, Title 4, of the Tidal Wetlands Act,[1] the state authority shall supersede the local determination, and the bulkhead requirements of Subsections A and B of this section shall be waived. Any such waiver shall not impair the authority of the Department of Conservation and Waterways to impose an alternate erosion protection device consistent with Article 25 of the Environmental Conservation Law and 6 NYCRR 661.

[Added 8-30-1988 by L.L. No. 67-1988, effective 9-6-1988]

MAJOR CONSTRUCTION PROJECT

Editor's Note: See § 25-0401 et seq. of the Environmental Conservation Law.

§ 86-48 Leaching pools for sewage disposal systems.

[Added 3-23-1971 by L.L. No. 31-1971, effective 3-29-1971]

A leaching pool for any sewage disposal system shall not be constructed so that the range of depth of the pool is more than 25 feet below the finished grade.

A leaching pool shall not be installed if the range of depth of the pool is 15 feet or more below the finished grade, except where such pool is of precast, reinforced concrete sectional construction.

A leaching pool shall not be installed if the range of depth of the pool is less than 15 feet below the finished grade, except where such pool is of precast, reinforced concrete sectional construction, or of block construction, provided that a block whose smallest dimension is less than six inches is not used.

Whenever an existing leaching pool shall collapse, causing a hazard to the community, the owner of the property upon which said pool is situated may request of the Commissioner of Buildings the use of temporary fencing or barriers of the Department of Buildings for the purpose of protecting the hazardous area until repairs are made or deficiencies corrected. If, in the event of the collapse of any leaching pool, the owner of the property upon which it is situated is permanently or temporarily absent from his property, or cannot otherwise be immediately notified, or has no knowledge of the collapse of said pool, the Commissioner of Buildings, upon notification and request, shall, at his discretion, take emergency action to protect the community from this hazard by entering upon such property and erecting a temporary fence or barrier.

Whenever a leaching pool, or any part thereof or connection thereto, has collapsed or has been determined deficient or presents a potential hazard in the opinion of the Commissioner of Buildings, he shall notify the owner of the property to restore such leaching pool or any part thereof to a safe operating condition within 48 hours. However, when a leaching pool, or any part thereof or connection thereto, shall not longer be used as all or part of a sewage disposal system, the owner of the property upon which said leaching pool is located shall, within 72 hours of the time of discontinuance of such use, locate, fill and recover said pool so that it will not collapse at any future time.

A building permit shall be required for the construction, alteration, repair or replacement of any leaching pool for sewage disposal. All connections thereto from a house sewer shall be subject to a plumbing permit issued pursuant to the requirements of this chapter.

§ 86-49 Violation of certain state law.

[Added 10-5-2016 by L.L. No. 88-2016, effective 10-18-2016]

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 the Uniform Fire Prevention and Building Code or rule promulgated by the Building Department, in accordance with the Uniform Code or to fail in any manner to comply with a notice, directive or order of the Building Commissioner, or to construct, alter, use or occupy any building or structure, or part thereof, in a manner not permitted by an approved building or plumbing permit, certificate of completion, or certificate of occupancy.

§ 86-50 Construction site safety training.

[Added 5-24-2022 by L.L. No. 45-2022, effective 5-27-2022]

Purpose. The provisions of this section are intended to promote the safety of minor and major construction sites within the Town. The provisions of this section are designed to provide that workers employed or otherwise engaged at such construction sites have received adequate safety training; that contractors performing construction work have essential safety training and that contractors performing construction work have essential safety training systems to prevent injuries and protect workers who are injured.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CONTRACTOR

Any person contracted or subcontracted to perform work covered by this section for or on behalf of any other person.

A construction site, with an area greater than 50,000 square feet, which involves the construction, demolition or alteration of a structure or building.

MINOR CONSTRUCTION PROJECT

A construction site, with an area greater than 35,000 square feet, which involves the construction, demolition or alteration of a structure or building.

OSHA

The United States Department of Labor Occupational Safety and Health Administration.

OSHA 100-HOUR CLASS

A class or program that:

Includes 100 or more hours of training in technical subjects relating to a construction trade, including an apprenticeship program registered with the New York State Department of Labor; and

Is approved by OSHA, the United States Department of Labor, the New York State Department of Education or the New York State Department of Labor.

OSHA THIRTY-HOUR CLASS

A class that includes 30 or more hours in construction industry safety and health that is intended for workers and satisfies the following conditions:

Such class is (i) approved by OSHA and conducted in accordance with the OSHA outreach training program or (ii) an equivalent thirty-or-more-hour construction industry safety and health class approved by the Building Department.

Such class consists of in-person training, actively proctored online training or, if such training is conducted before the effective date of this section, online training.

PERMIT HOLDER

The person to whom a building permit has been issued or for a building permit has been applied.

PERSON

An individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.

SITE SAFETY DESIGNEE

The site safety designee must have completed an OSHA 100-hour class. On a major construction project, the site safety designee shall use reasonable prudence to ensure that safety is maintained as job conditions dictate and shall complete any tasks required of a site safety designee under this chapter.

Safety training required.

In addition to any other applicable town, state or federal law or rule, each permit holder:

At a minor construction site, shall be responsible for ensuring that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or any person performing work for or on behalf of such permit holder at such site has successfully completed and maintains a current OSHA thirty-hour class certificate.

At a major construction site, shall be responsible for ensuring that a foreman or designated employee or individual otherwise engaged at such site by the permit holder or any person performing work for or on behalf of such permit holder is designated as a site safety designee. The site safety designee shall be tasked with ensuring that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or any person performing work for or on behalf of such permit holder at the site is in compliance with § 80-50C(1)(a) and shall report violations of this chapter to the Building Department.

The applicant, permit holder or any person performing such work on behalf of the permit holder shall certify to the Building Department, in a form and manner established by the Building Department, that the requirements of § 80-50C(1)(a) and/or (b) have been met. No permit for construction or demolition work for which training is required pursuant to this section shall be issued or renewed until the applicant has certified that all workers who will be working under such permit will have the requisite training throughout the duration of such permit.

The applicant, permit holder or any person performing such work on behalf of the permit holder shall certify that all New York State and OSHA safety requirements and workers compensation and insurance requirements have been met.

The permit holder shall maintain at such site a daily log that identifies each such worker and that includes, for each such worker, proof of compliance with § 80-50C(1)(a) and (b), as applicable. Such logs shall be made available to the Building Department upon request and shall be submitted to the Building Department as a prerequisite to the issuance of a certificate of occupancy, certificate of completion and/or certificate of approval.

Penalties.

Any violations of this section by a permit holder shall be punishable by a fine of not less than $1,000 nor more than $10,000. Each worker performing work on a construction site covered by this section without required safety training shall constitute a separate additional offense. Each day that the violation continues shall constitute a separate additional offense.

For a second offense, committed by a permit holder within a period of five years, such violation shall be punishable by a fine of not less than $3,000 nor more than $20,000 or by imprisonment for a period not to exceed 15 days, or both.

Permits issued to permit holders found to be in violation of this section may be revoked by the Building Department upon discovery of such violation.