As used in this chapter, the following terms shall have the
meanings ascribed to them:
As applied to any building or structure, together with all
their component parts and complements, any change or rearrangement
in the structural parts or in the exit facilities, or any enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another. The term "alter"
in its various modes and tenses and its participial forms refers to
the making of an alteration.
As applied to a material, device or mode of construction,
approved by the Commission of the Department of Planning and Development,
under the provisions of this chapter, or by other authority designated
by law to give approval in the matter in question.
[Amended 5-6-1980]
Issued upon satisfactory completion of plumbing work authorized
by permit.
[Added 2-4-1992]
Issued upon satisfactory completion of work when a permit
does not require a certificate of occupancy or certificate of approval.
[Added 2-4-1992]
Issued upon satisfactory completion of construction work
authorized by the building permit for construction and alterations
to habitable space, occupied space, assembly space and nonhabitable
space as defined in this chapter.
[Added 2-4-1992]
Issued in place of a certificate of occupancy for structures
built prior to May 25, 1943, after satisfactory inspection of a premises,
review of records and a survey not more than one year old, or to certify
that a certificate of occupancy had previously been issued for a premises.
[Added 2-4-1992]
A building containing one or more dwelling units.
[Added 12-19-2006 by L.L. No. 12-2006]
A dwelling containing three or more dwelling units. The term
shall include "apartment."
[Added 12-19-2006 by L.L. No. 12-2006]
A dwelling containing one dwelling unit.
[Added 12-19-2006 by L.L. No. 12-2006]
A dwelling containing two dwelling units.
[Added 12-19-2006 by L.L. No. 12-2006]
A building or portion thereof providing complete housekeeping
facilities for one family, including independent cooking, sanitary
and sleeping facilities, and that is physically separate from any
other dwelling unit.
[Added 12-19-2006 by L.L. No. 12-2006]
Includes but is not limited to one or more outdoor air-conditioning
units, outdoor oil tanks and petroleum tanks, swimming pool heaters
and solar energy panels. Equipment which is accessory to a building
shall be deemed a structure for the purposes of this chapter.
[Added 5-6-1980]
Includes his duly authorized agent or attorney, a purchaser,
devisee and a person having a vested or contingent interest in the
property in question.
All matters concerning, affecting or relating to the construction,
alteration or removal of buildings or structures herein specified
as public, residence, business or storage buildings, together with
all their component parts and complements, ice houses, farm buildings,
warehouses, pavilions, piles for foundations and for retaining purposes,
docks, wharfs, piers, seawalls and retaining walls, erected or to
be erected within the zoned areas of the Town and outside the limits
of any incorporated village are presumptively provided for in this
chapter. Such provisions shall apply with equal force to district,
Town, county or state or federal buildings as they do to private buildings
and structures, except as may be otherwise specifically provided for.
This chapter is hereby declared to be remedial, and shall be
construed to secure the beneficial interests and purposes thereof
which are health, safety and welfare; through structural strength
and stability, adequate light and ventilation and safety to life and
property from fire and hazards incident to the construction, alteration,
repair, removal or demolition of buildings or structures.
[Amended 5-6-1980]
No building or structure shall be constructed, altered, repaired
or removed, nor shall the equipment of a building, structure or premises
be constructed, installed, altered, repaired or removed except in
conformity with the provisions of this chapter or authorized rule
or approval of the Commissioner of the Department of Planning and
Development or his designee made and issued thereunder.
[Amended 5-6-1980]
The Commissioner of the Department of Planning and Development
shall be deemed the building inspector within the meaning of statutory
law for the purposes of this chapter and shall promulgate written
departmental rules and regulations which provide for the orderly administration
and enforcement of this chapter. The Commissioner may designate his
deputy or the head of a division within the Department of Planning
and Development to perform, in whole or in part, whatever duties he
deems necessary for the administration and enforcement of this chapter.
[Amended 3-27-1984]
The Town Board hereby accepts the applicability of Article 18
of the Executive Law of the State of New York, known as the "New York
State Uniform Fire Prevention and Building Code Act," all in accordance
with Chapter 707, § 1, of the Laws of 1981, as amended.
The provisions of this chapter shall not be deemed to modify
any provision of the laws of the state or the laws, rules and regulations
of the Department of Health of the state, the Department of Health
of the county, the provisions of the Workmen's Compensation Law and
the labor laws of the state, nor of any ordinance in conflict with
this chapter, but shall be regarded as supplementing such statutes
and ordinances, and whichever imposes the greater restrictions shall
be controlling.
[Amended 3-12-1991 by L.L. No. 1-1991]
Variances shall be determined by the Regional Board of Review,
pursuant to NYCRR Part 40.
[Amended 5-6-1980]
All matters and questions relating to building or building operations
necessary for safety and public welfare but not covered or provided
for in this chapter shall be decided by the Commissioner of the Department
of Planning and Development or his designee according to the best
trade practices or recognized standards of competent authorities having
jurisdiction or specializing in the same, and the decision shall be
binding as if contained in this chapter.
[Amended 5-6-1980]
A.
Whenever the Commissioner of the Department of Planning and Development
or his designee shall find that by reason of defective or illegal
work in violation of a provision or requirement of this chapter the
continuance of a building operation is contrary to public welfare,
he may order, either orally or in writing, all further work to be
stopped and may require suspension of the work until the condition
in violation has been remedied.
B.
Whenever the Commissioner of the Department of Planning and Development
or his designee shall find that the execution of any work for which
a permit is issued is contrary to this chapter or the plans and specifications
and application submitted for the building permit, he shall serve
notice or order upon the persons responsible, directing the discontinuance
of such illegal action and the remedying of the condition that is
in violation of the provisions of this chapter.
[Amended 3-12-1991 by L.L. No. 1-1991]
A.
No building permit will be issued pursuant to this chapter 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
Department of Planning and Development certifying that the construction
of the building will be supervised by a professional engineer or an
architect licensed or registered in the state. The affidavit shall
be signed, sworn to and acknowledged by the engineer or architect
who will supervise the construction and is to have his professional
seal affixed. In the event that such engineer or architect shall,
for any reason, discontinue his supervision of the construction of
the building at any time prior to its completion, he shall immediately
notify the Department of Planning and Development of that 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 Department of Planning and
Development, certifying that supervision of the construction has been
resumed by another or the same engineer or architect.
B.
No certificate of occupancy will be issued for a building subject to the provisions of Subsection A until a final certificate is filed with the Department of Planning and Development by the engineer or architect who supervised the construction that the building was, to the best of his knowledge, in fact erected in conformity with the plans filed with the Department of Planning and Development.
[Amended 3-12-1991 by L.L. No. 1-1991; 3-7-2023 by L.L. No. 4-2023]
Except as otherwise expressly provided and in addition to any
other remedy for an offense against this chapter, any person committing
an offense against this chapter or any section or provision thereof
or failing to comply therewith or with any of the requirements thereof
or who erects, constructs, alters or repairs or who has erected, constructed,
altered or repaired a building or structure in violation of any statement
or plan submitted and approved pursuant to this chapter or a permit
or certificate issued pursuant to this chapter shall be guilty of
a violation punishable by a fine of not more than $350 or imprisonment
for a period not to exceed six months, 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, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offenses, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
The owner and/or tenant of a building, structure or premises or part
thereof where anything in violation of this chapter shall be placed
or shall exist and any architect, engineer, builder, contractor, agent,
person or corporation, who may have assisted in the commission of
such offense, shall each be guilty of a separate offense and, upon
conviction thereof, shall be dealt with as herein provided. Any person
or entity found by the Bureau of Administrative Adjudication to have
violated any provision of this chapter is likewise subject to a monetary
penalty within the range of fines authorized in this section.
[Added 8-19-1997 by L.L. No. 6-1997]
In addition to and notwithstanding any other remedy for an offense
against this chapter, any person violating a directive issued by the
Commissioner or his/her duly authorized representative, made pursuant
to the provisions of this chapter, shall be guilty of a violation
punishable by a fine not exceeding $900 or imprisonment for a period
not to exceed 15 days, or both.
The imposition of the penalties in this chapter shall not preclude
the Town Attorney from instituting any appropriate action or proceeding
to prevent an unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, or to restrain, correct or
abate a violation, or to prevent an illegal act, conduct, business
or use in or about any premises.
[Amended 5-6-1980]
No oversight or dereliction of duty on the part of the Commissioner
of the Department of Planning and Development or his designee shall
legalize the erecting, construction, alteration, removal, use or occupancy
of a building or structure that does not conform to the provisions
of this chapter.
[Added 2-4-1992]
Before, during and after any excavation shall be made in or
upon any lot or plot or premises within the Town of Oyster Bay upon
or in which excavation it is intended to erect a foundation or footing
to be used in the construction or alteration of any building, wall
or structure, or any part of either, or of any platform, staging or
flooring to be used for standing or seating purposes, the owner or
person doing or causing such work to be done shall in addition to
any other chapter under this Code which may require fencing, upon
the order or general rule of the Superintendent of Buildings, erect
and maintain, before, during or after such operation, in front of
or enclosing the lot, plot or premises upon or in which an excavation
is intended to be made or is made a substantial fence not less than
six feet high of wood or other suitable material, which shall be built
solid for its full length except for such openings provided with sliding
doors or doors sliding inwards as may be necessary for a proper prosecution
of the work.
