Village of South Nyack, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of South Nyack 11-12-1957. Amendments noted where applicable.]
A. 
There is hereby established in the Village of South Nyack 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 South Nyack.
B. 
The Department of Buildings shall be headed by a Village official designated as the "Chief Inspector of Buildings."
A. 
The Chief Inspector of Buildings shall be a person who shall have had at least five years' experience as a licensed professional engineer or architect, Building Inspector, building contractor or supervisor of building construction.
B. 
Appointment.
[Amended 5-25-1979 by L.L. No. 1-1979]
(1) 
The Chief Inspector of Buildings shall be appointed by the Mayor in accordance with the applicable provisions of the Village Law of the State of New York for a term of one year, at a compensation to be fixed by the Village Board.
(2) 
The term of the person appointed in the year 1979 shall end on the first Monday in April of 1980. The term of the person appointed thereafter shall end on the first Monday in April, annually.
(3) 
The Chief Inspector of Buildings appointed shall not be removed from office prior to the expiration date of his official term except for cause and after a public hearing on specific charges before the Village Board.
A. 
The Chief Inspector of Buildings, with the consent of the Village Board, may appoint one or more Building Inspectors, as the need may appear, to exercise, pursuant to the provisions of this chapter, any or all of the duties of the Chief Inspector of Buildings. The compensation of such Building Inspectors shall be fixed by the Village Board.
B. 
The Building Inspector shall be a person who has had at least three years of practical experience in the design or construction of buildings or in the design, construction or installation of plumbing, heating or electrical equipment.
The Chief Inspector of Buildings may appoint such other employees as may be authorized from time to time by the Village Board to carry out the functions of the Building Department.
In the absence of the Chief Inspector of Buildings, or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Village Board, to designate a person to act in his behalf and to exercise all of the powers conferred upon him by this chapter.
No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department, nor shall, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Village of South Nyack, except only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him.
No official or employee of the Building Department shall, while acting pursuant to the provisions of this chapter, be personally liable for any damage that may accrue to person or property as the result of any act required or permitted in the discharge of his official duties, provided that such acts are performed in good faith and without gross negligence.
The Mayor, with the consent of the Village Board, in lieu of the establishment of a Building Department operating solely for and on behalf of the Village of South Nyack, may, for the purpose of administering and enforcing all laws, ordinances and regulations covering the construction, alteration, repair or demolition of buildings and structures:
A. 
Contract with another municipality under such terms and conditions as may be provided in such contract for such administration and enforcement to be handled by the Building Department or other appropriate official of such other municipality.
B. 
Establish a Building Department jointly with one or more other cities, villages or towns for the administration and enforcement of such laws, ordinances or regulations, and such Building Department shall operate, to administer and enforce such building laws, regulations and ordinances in the several cities, towns or villages covered by such joint agreement. Provision shall be made, by agreement, for the appropriation, custody, audit, approval and payment of funds sufficient to defray the expense of operation of such joint Building Department, including salaries, and for the proportionate cost of the expense of operation to be borne by each municipality. The manner of employment of personnel and custody and payment of money shall be provided by agreement.
A. 
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Chief Inspector of Buildings 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 receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof, and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.
C. 
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 the requirements of such laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from Building Inspectors or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus, provided the same are certified by a responsible official thereof.
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.
A. 
The Chief Inspector of Buildings shall keep permanent official records of all transactions and activities of the Building Department, 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 open to public inspection during business hours.
B. 
The Chief Inspector of Buildings shall annually submit to the Village Board a written report and summary of all business conducted by the Building Department, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
The Chief Inspector of Buildings may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
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 cause the same to be done, without first obtaining a separate building permit from the Building Department for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. 
Contents.
(1) 
Application for a building permit shall be made to the Chief Inspector of Buildings on forms provided by the Building Department and shall contain the following information:
(a) 
A description of the land on which the proposed work is to be done.
(b) 
A statement of the use or occupancy of all parts of the land and of the building or structure.
(c) 
The valuation of the proposed work.
(d) 
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.
(e) 
A brief description of the nature of the proposed work.
(f) 
A duplicate set of plans and specifications as set forth in § 96-12C.
(g) 
Such other information as may reasonably be required by the Chief Inspector of Buildings to establish the compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
(2) 
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.
C. 
Each application for a building permit shall be accompanied by duplicate copies 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, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Chief Inspector of Buildings, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential data.
(1) 
Plans and specifications shall bear the signature of the person responsible for the design and drawings.
(2) 
The Chief Inspector of Buildings may waive the requirement for filing plans.
D. 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Chief Inspector of Buildings.
The Chief Inspector of Buildings 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.
A. 
Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
B. 
Upon approval of the application, 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 Department of Buildings 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 Chief Inspector of Buildings or his authorized representative at all reasonable times.
C. 
If the application, 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 regulations, the Building Official shall disapprove the same and shall return the plans and specifications to the applicant. Upon request of the applicant, the Chief Inspector of Buildings shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
A. 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of one year after the date of its issuance.
[Amended 10-8-2002 by L.L. No. 4-2002]
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications, except that no building permit shall be valid insofar as it authorizes the performance of work or the use of materials which are not in accordance with the requirements of the applicable building regulations.
C. 
For the purpose of ensuring compliance with the foregoing, on any construction on properties within the Village having grades greater than 6%, the owner or applicant shall supply the Building Inspector with spot topographical elevations from the top of the foundation on each building corner, any proposed paved areas and any retaining walls greater that two feet above the proposed finished grade. Failure to supply such data may result in revocation of the building permit and other enforcement action as provided by law.
[Added 12-21-1999 by L.L. No. 11-1999]
[Amended 2-3-1959; 4-14-1970; 11-15-1988 by L.L. No. 10-1988]
Upon the filing of an application for a building permit, all fees for such building permit and for the issuance of a certificate of occupancy shall be paid. The amount of said fees shall be as set forth in the fee schedule adopted by resolution of the Board of Trustees.
The Chief Inspector of Buildings 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 Chief Inspector of Buildings.
Whenever the Chief Inspector of Buildings 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. 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 or demolition and sending a copy of the same by registered mail.
Any employee of the Department of Buildings, 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.
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 Chief Inspector of Buildings and the Zoning 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 the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Chief Inspector of Buildings.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy shall have been issued by the Chief Inspector of Buildings and the Zoning Inspector.
A. 
Before issuing a certificate of occupancy, the Chief Inspector of Buildings shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he 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.
B. 
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.
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 application, plans and specifications filed in connection with the issuance of the building permit, the Chief Inspector of Buildings shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Chief Inspector of Buildings 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.
B. 
The 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.
Upon request, the Chief Inspector of Buildings 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 such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.
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 Chief Inspector of Buildings may require the same to be subjected to tests in order to furnish proof of such compliance.
A. 
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.
B. 
The Chief Inspector of Buildings shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written record of such examination.
C. 
Whenever the Chief Inspector of Buildings 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 § 96-17 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.
D. 
If the Chief Inspector of Buildings 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 Official. The Chief Inspector of Buildings shall cause to be posted at each entrance to such building a notice: "This Building is Unsafe and Its Use or Occupancy has been Prohibited by the Building Department." 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 servants to remove such notice without written permission of the Chief Inspector of Buildings or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.
E. 
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 shall fail, neglect or refuse to comply with a notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, the Village Counsel shall be advised of all the facts in the case, and shall institute an appropriate action in the courts to compel compliance.
F. 
In cases of emergency which, in the opinion of the Chief Inspector of Buildings, involve imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or 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.
G. 
Costs incurred under §§ 96-24E and F shall be paid out of the Village treasury on certificate of the Chief Inspector of Buildings. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.
[1]
Editor's Note: See also Ch. 108, Buildings, Unsafe.
A. 
Plans and specifications.
(1) 
Plans and specifications for the erection, construction, enlargement, alteration or improvement of multiple dwellings, industrial buildings, commercial buildings, public buildings and mixed occupancy buildings shall be approved by a registered architect or professional engineer licensed to practice in the State of New York.
(2) 
Plans and specifications for the erection, construction, enlargement, alteration or improvement of any other building than those in § 96-25A(1) where the total valuation of the work to be performed costs more than $4,999 shall be approved by a registered architect or professional engineer licensed to practice in the State of New York.
(3) 
The Chief Inspector of Buildings may require the approval of plans by a licensed architect or engineer for any work within this chapter, regardless of cost, in order to protect the public health and welfare.
(4) 
Specifications for swimming pools.
[Amended 6-18-1965]
(a) 
Electrical: Any electrical units for any type of pool which could in any manner endanger the users of said pool shall bear the seal of approval of Underwriters' Laboratories, Inc. The steel reinforcement system shall be thoroughly integrated electrically by interwelding of its members and the resulting network shall be satisfactorily and positively grounded at minimum of three widely separated points. When so readied, and before pouring of concrete, the Building Inspector's approval shall be secured by the general pool contractor or electrical subcontractor. Application for a certificate of occupancy must further be accompanied by a standard underwriter's certificate certifying inspection and overall approval of the electrical system by a New York Board of Underwriters Inspector.
(b) 
Plumbing: The plumbing system of a pool shall conform to the specifications, Sections 316 and 503-4e of the State Building Construction Code applicable to plumbing, except that pool wastewater shall be discharged directly into an existing storm drainage system, and shall not be permitted to drain, directly or indirectly, onto any adjoining property or public street or into any component line of the sanitary-sewer system.
B. 
Sewage disposal. All matters pertaining to sewage disposal within the Village of South Nyack, New York, shall be submitted to and approved by the Rockland County Health Department in accordance with its rules, regulations, standards and procedures.
[Amended 11-27-1962]
A. 
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 this chapter or to fail in any manner to comply with a notice, directive or order of the Chief Inspector of Buildings or to construct, alter or 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 Department 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 Department made thereunder shall be subject to a Type E penalty as set forth in § 1-15 of the Village Code.
[Amended 6-25-2019 by L.L. No. 3-2019]
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] nor 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: New York Executive Law § 385 was repealed by L. 1981, c. 707, effective 1-1-1984. See now the Uniform Code remedies in Executive Law § 382.
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.