[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 5-28-1956 (Ch. 55 of the 1976 Code). Amendments noted
where applicable.]
There is hereby established in the Village of Lancaster a department
to be designated as the "Building Department" for the administration
and enforcement of the provisions of all laws, ordinances, rules,
regulations and orders applicable to the location, design, materials,
construction, alteration, repair, equipment, maintenance, use, occupancy,
removal and demolition of buildings and structures and their appurtenances
located in the Village of Lancaster.[1]
[1]
Editor's Note: The Village accepted the applicability of the
State Building Construction Code in a resolution adopted by the Board
of Trustees on 5-23-1956.
[Amended 5-26-1969]
The Department of Building shall be headed by the Building Inspector
of the Village of Lancaster.
[Amended 5-26-1969]
The Building Inspector, while acting pursuant to the provisions
of this chapter, shall not be personally liable for any damage that
may accrue to persons or property as the result of any act required
or permitted in the discharge of his official duties, providing that
such acts are performed in good faith without gross negligence.
A.
Except as otherwise specifically provided by law, ordinance or regulation,
or except as herein otherwise provided, the Building Inspector shall
administer and enforce all of the provisions of laws, ordinances and
regulations applicable to the construction, alteration, repair, removal
and demolition of buildings and structures and the installation and
use of materials and equipment therein and the location, use, occupancy
and maintenance thereof.
B.
He shall issue all appropriate notices or orders to remove illegal
or unsafe conditions, to require the necessary safeguards during construction
and to ensure compliance during the entire course of construction
with requirements of such laws, ordinances or regulations.
C.
He shall make all inspections which are necessary or proper for the
carrying out of his duties.
D.
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances or regulations
covering building construction, he may require the performance of
tests in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies.
E.
He shall have such other and further duties as may be, from time
to time, designated or delegated by the Village Board.
A.
The area of the ground floor shall not be less than 500 square feet,
exclusive of garages, porches and other additions, where there are
no bedrooms on the ground floor.
B.
The area of the ground floor shall not be less than 660 square feet,
exclusive of porches, garages and other additions, where bedrooms
occur on the first floor. The bedrooms on this level shall be limited
to two within this area, except that for each additional bedroom added
to the first floor, at least 80 square feet of floor space shall be
added to the area.
A.
Where no construction work on the superstructure of a building has been commenced, pursuant to the regulations designated in Chapter 350, Zoning, of the Code of the Village of Lancaster, within the period provided therein of the date of the issuance of the permit, the excavations and/or foundations shall be deemed abandoned, in which case the building permit issued for the building shall be cancelled, notwithstanding any other provisions of this chapter or Chapter 350, Zoning, of the Code of the Village of Lancaster.
B.
The owner and contractor shall be notified, in writing, to fill in
the excavation and/or the foundation up to the original ground level
with clean earth and to seal up any sewer connections that may exist
on the property.
C.
Said notice shall be served on the owner and contractor by registered
mail at their last known place of residence.
D.
In the further event that the owner or contractor fails to comply
with the requirements of this section within 10 days after the date
of mailing of said notice, then the Village of Lancaster shall place
the fill and seal the sewer openings, if any, and the said owner of
the premises shall reimburse the Village for any expenditures thereby
involved; or the Village may elect to assess the cost of so doing
on the tax roll of the property involved.
A.
No person, firm or corporation shall commence the erection, construction,
enlargement, alteration, removal, improvement, demolition, conversion
or change in the nature of the occupancy of any building or structure
or the plumbing thereof, or cause the same to be done, without first
obtaining for each such building or structure a separate building
permit from the Building Inspector or such other person as the Board
of Trustees may from time to time indicate.
[Amended 6-29-1976 by L.L. No. 4-1976; 11-13-2017 by L.L. No. 9-2017]
B.
No work of any kind shall be commenced without a permit, upon said
application having been first issued by the Board of Trustees of the
Village of Lancaster or other official authorized by the Board of
Trustees to issue such permits.
C.
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.
D.
Application for a building permit shall contain the following information:
[Amended 7-28-1969]
(1)
A description of the land on which the proposed work is to be done.
(2)
A statement of the use or occupancy of all parts of the land and
of the building or structure.
(3)
A statement that all lot and block grading will conform to the standards contained in § 104-9 of this chapter.
(4)
The evaluation of the proposed work.
(5)
The full name and address of the owner and of the applicant, and
the names and addresses of their responsible officers if any of them
are corporations.
(6)
A brief description of the nature of the proposed work.
(7)
A duplicate set of plans and specifications, including a plot plan,
drawn to scale, showing the location and size of all proposed new
construction and all existing structures on the site, the nature and
character of the work to be performed and the materials to be incorporated,
the distance from lot lines and the relationship of structures on
adjoining property. Plans and specifications shall bear the signature
of the person responsible for the design and drawings. The Board of
Trustees may waive the requirements for filing plans.
(8)
Such other information as may reasonably be required by the Village
Board of Trustees to establish compliance of the proposed work.
[Added 7-28-1969]
For the purposes of this chapter, grading standards will be
divided into either lot or block categories.
C.
Variations using combinations of lot and block grading standards shall be permitted, provided they meet the standards as set forth in the tables referred to in Subsection D and are approved by the Superintendent of Public Works, Building Inspector or Village Engineer.
[Amended 6-29-1976 by L.L. No. 4-1976]
D.
The tables for lot and block grading standards which shall be followed
in all grading cases arising subsequent to the date of the adoption
of this chapter are on file in the office of the Building Inspector.
[Amended 6-29-1976 by L.L. No. 4-1976]
[Amended 6-29-1976 by L.L. No. 11-1976; 12-21-1976 by L.L. No.
23-1976]
Upon the filing of an application for a building permit, the applicant shall pay the fees as provided in Chapter 144, Fees, of the Code of the Village of Lancaster.
It shall be the duty of the Building Inspector, after the issuance
of a building permit, to post upon the premises described in the building
permit, a sign or placard to indicate the issuance of a building permit
for said premises.
A.
Whenever the Building Inspector has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation
of the provisions of the applicable building laws, ordinances or regulations
or not in conformity with the provisions of an application, plans
or specifications on the basis of which a building permit was issued
or in an unsafe and dangerous manner, he shall notify the owner of
the property or the owner's agent or the person performing the work
to suspend all work, and any such persons shall forthwith stop such
work and suspend all building activities until the stop order has
been rescinded.
B.
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 the same by registered mail to
the address set forth on the application.
The Building Inspector may revoke a building permit theretofore
issued and approved in the following instances:
A.
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based.
B.
Where he finds that the building permit was issued in error and should
not have been issued in accordance with the applicable law.
C.
Where he finds that the work performed under the permit is not being
prosecuted in accordance with the provisions of the application, plans
or specifications.
D.
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building Inspector.
E.
Where substantial work is not commenced upon a building or structure
within three months of the granting of a building permit for such
building or structure; or where all exterior work, including fenced
grading of such a building or structure, is not completed within 12
months from the issuance of a building permit authorizing the construction
of such a building or structure.
[Added 1-14-1974]
Any Building Inspector, upon the showing of proper credentials
and in the discharge of his duties, may enter upon any building, structure
or premises at any reasonable hour, and no person shall interfere
with or prevent such entry.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform with the requirements
of the applicable building laws, ordinances or regulations, the Building
Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance.
A.
No building hereafter erected shall be used or occupied in whole
or in part until a certificate of occupancy shall have been issued
by the Building Inspector.
B.
No building hereafter enlarged, extended or altered or upon which
work has been performed which required the issuance of a building
permit shall continue to be occupied or used for more than 30 days
after completion of the alteration or work unless a certificate of
occupancy shall have been issued by the Building Inspector.
C.
No change shall be made in the use or type of occupancy of an existing
building unless a certificate of occupancy authorizing such change
shall have been issued by the Building Inspector.
D.
Before the issuance of a certificate of occupancy, there shall be
filed with the Building Inspector a statement of an architect, engineer
or individual charged with the construction stating that the deponent
has examined the plans for which the certificate of occupancy is sought
and that the structure has been erected in accordance with these approved
plans and, as erected, complies with all applicable laws governing
building construction except insofar as variations therefrom have
been legally authorized, and such variations shall be specified in
the statement.
Before issuing a certificate of occupancy, the Building Inspector
shall examine all buildings, structures and sites for which an application
has been filed for a building permit and may conduct such inspections
as he deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued.
A.
When, after final inspection, it is found that the proposed work
has been completed in accordance with the applicable building laws,
ordinances and regulations and also in accordance with the applications,
plans and specifications filed in connection with the issuance of
the building permit, the Building Inspector shall issue a certificate
of occupancy upon the form provided by him.
B.
If it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
C.
A certificate of occupancy shall certify that the work has been completed
and that the proposed use and occupancy is in conformity with the
provisions of the applicable building laws, ordinances and regulations
and shall specify the use or uses and the extent thereof to which
the building or structure or its several parts may be put.
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, equip, use, occupy or maintain any building
or structure or portion thereof in violation of any provision of this
chapter or to fail in any manner to comply with a notice, directive
or order of the Building Inspector or to construct, alter, use and
occupy any building or structure or part thereof in a manner not permitted
by an approved building permit or certificate of occupancy.
B.
Any person who shall fail to comply with a written order of the Building
Inspector within the time fixed for compliance therewith, and any
owner, builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents, or any other person taking part or
assisting in the construction or use of any building who shall knowingly
violate any of the applicable provisions of this chapter or any lawful
order, notice, directive, permit or certificate of the Building Inspector
made thereunder shall be punishable by a fine of not more than $500
or 30 days in jail, or both. Each day that a violation continues shall
be deemed a separate offense.
C.
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.
D.
This section shall not apply to violations of the provisions of the
State Building Construction Code punishable under § 385
of the Executive Law of the State of New York,[1] or to violations of the provisions of the Multiple Residence
Law punishable under § 304 of the Multiple Residence Law
of the State of New York.
[1]
Editor's Note: Executive Law § 385 was repealed
by L. 1981, c. 707, § 12.
Appropriate actions and proceedings may be taken at law or in
equity to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in or
about any premises; and these remedies shall be in addition to the
penalties prescribed in the preceding section.
