[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bellerose as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Architectural Review Committee — See Ch. 6.
Installation of air-conditioning equipment — See Ch. 52.
Disclosure of interest in permit applications — see Ch. 84.
Electrical standards — See Ch. 95.
Environmental quality review — See Ch. 98.
Fire limits — See Ch. 105.
Gas-burning furnaces — See Ch. 118.
Oil-burning equipment — See Ch. 150.
Property maintenance and housing — See Ch. 165.
Unsafe buildings — See Ch. 168, Art. VIII.
Sewers — See Ch. 176.
Swimming pools — See Ch. 188.
Zoning — See Ch. 210.
[Adopted 11-8-1976 by L.L. No. 11-1976[1]]
[1]
Editor's Note: Pursuant to L.L. No. 1-1976
which established the Code, the provisions of this article were originally
designated as Ch. 24 and later renumbered as Ch. 28 by L.L. No. 2-1978.
The State Building Construction Code is declared
to be applicable, in its entirety, within the boundaries of the Incorporated
Village of Bellerose[1] and shall govern, within such boundaries, all matters
to which it is applicable, except in situations where the provisions
of this Code of the Incorporated Village of Bellerose impose more
restrictive standards, in which event the provisions of this Code
of the Incorporated Village of Bellerose shall govern.
[1]
Editor's Note: The applicability of the New
York State Building Construction Code for the Incorporated Village
of Bellerose was originally accepted by resolution of the Board of
Trustees adopted and effective 3-9-1959.
[Adopted 12-13-1976 by L.L. No. 17-1976[1]]
This article shall be known and may be cited
as the "Building Code" and is hereinafter referred to as the "Code."
This code shall provide for the safety, health
and public welfare through control of all matters concerning the design,
construction, alteration, addition, removal, demolition, equipment,
use, occupancy, location and maintenance of buildings erected or to
be erected in the Incorporated Village of Bellerose, as well as all
matters associated with the business of plumbing and laying private
sewer lines, except as otherwise provided for herein or by applicable
local, county or state laws.
The provisions of this code shall be deemed
to be the minimum requirements. Where the provisions of any applicable
local, county or state law are more stringent than this code, the
more restrictive requirements shall control.
The Building Department of the Incorporated
Village of Bellerose is hereby created, and the official in charge
thereof shall be known as the "Building Inspector" and shall be appointed
by the Board of Trustees upon nomination by the Mayor. The Building
Inspector in office upon the effective date of this code shall continue
as Building Inspector for the remainder of the term for which he was
originally appointed unless sooner removed or discharged according
to law.
In the absence of the Building Inspector or
in the case of his inability to act for any reason, the Mayor shall
have the power, with the consent of the Board of Trustees, to designate
a person to act in behalf of the Building Inspector and to exercise
all the powers conferred upon him by this article.
The Mayor, with the approval of the Board of
Trustees, may appoint one Deputy Building Inspector or more, as the
need may appear, to act under the supervision and direction of the
Building Inspector and to exercise any portion of the powers and duties
of the Building Inspector as directed by him. The compensation of
such Deputy Building Inspectors shall be fixed by the Board of Trustees,
as shall be the compensation of Acting Building Inspector.
There may be a Plumbing Inspector of the Incorporated
Village of Bellerose, who shall be appointed by the Board of Trustees
upon the nomination of the Mayor and who shall supervise and administer
the plumbing section of the code.
A Building Inspector, Deputy Building Inspector,
Plumbing Inspector or any official or employee of the Building Department
shall not engage in any activity inconsistent with his duties or with
the interests of the Building Department; nor shall he, during the
term of his employment, be engaged directly or indirectly in any building
business or in the furnishing of labor, materials, supplies or appliances
for or the supervision of the construction, alteration, demolition
or maintenance of a building or in the preparation of plans or specifications
thereof within the Incorporated Village of Bellerose, except that
this provision shall not prohibit any employee from engaging in any
such activities with the construction of a building or structure owned
by him for his own personal use and occupancy or for the use and occupancy
of members of his immediate family and which is not constructed for
sale.
A.
Except as otherwise specifically provided by law,
ordinance, rule or regulation or except as herein otherwise provided,
the Building Inspector shall administer and enforce all of the provisions
of laws, ordinances, rules and regulations applicable to plans, specifications
or permits for the construction, alteration and repair of buildings
and structures, the installation and use of materials and equipment
therein and the location, use and occupancy thereof.
B.
The Building Inspector shall promulgate rules and
regulations, subject to the approval of the Board of Trustees, to
secure the intent and purposes of this code and a proper enforcement
of the laws, ordinances, rules and regulations governing building
plans, specifications, construction, alteration or repairs.
C.
The Building Inspector shall receive applications,
approve plans and specifications and issue permits for the erection
and alteration of buildings or structures or parts thereof and shall
examine the premises for which such applications have been received,
plans approved or such permits have been issued, for the purpose of
ensuring compliance with laws, ordinances, rules and regulations governing
building construction or alterations.
D.
The Building Inspector shall issue in writing 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, rules and regulations; and such notices
or orders may be served upon the property owner or his agent personally
or by sending by certified mail a copy of such order to the owner
or his agent at the address set forth in the application for permission
for the construction or alteration of such building and by posting
the same upon a conspicuous portion of the premises to which the notice
applies. 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 inspections from Deputy Building Inspectors or other employees
of the Building Department or from generally recognized and authoritative
service and inspection bureaus or agencies, provided that the same
are certified by a responsible official thereof.
E.
Whenever the same may be appropriate to determine
compliance with the provisions of applicable laws, ordinances, rules
and regulations covering building construction or alteration, the
Building Inspector may, in his discretion, accept and rely upon written
reports of tests in the field by experienced, professional persons
or by accredited and authoritative testing laboratories or service
and inspection bureaus or agencies.
F.
The Building Inspector shall issue a certificate of
occupancy where appropriate for a building constructed or altered
in accordance with the provisions of the State Building Construction
Code, which certificate shall certify that the building conforms to
the requirements of the State Building Construction Code.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, all rules
and regulations promulgated by him with the consent of the Board of
Trustees and notices and orders issued.
B.
The Building Inspector shall, upon the request of
the Board of Trustees, submit to the Board of Trustees a written report
and summary of all business conducted by the Building Department,
including approvals, permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending or concluded for the period requested.
All rulings by the Building Inspector, the Plumbing
Inspector and the Acting Building Inspector or a Deputy Building Inspector
shall be subject to review by the Board of Trustees of the Incorporated
Village of Bellerose or, if so empowered by the said Board of Trustees,
by the Board of Appeals of the Incorporated Village of Bellerose.
Any appeal for review shall be filed with the Village Clerk, in duplicate,
within 10 days of the rendering of the ruling as to which review is
sought. The filing of such notice of appeal shall be accompanied by
a statement of guarantee that all expenses, including costs of any
required test or investigations ordered by the Board of Trustees or
by the Board of Appeals and including costs of any stenographic transcripts
of proceedings before the Board of Trustees or the Board of Appeals,
shall be paid by the applicant. Such filing of a notice of appeal
shall also be accompanied by a deposit in such sum as shall be required
by resolution of the Board of Trustees or the Board of Appeals, to
be applied toward the payment of such expenses.
In accordance with § 383 of Article
18 of the Executive Law of the State of New York:
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof in violation of any provision of law
or this code, as well as any regulation or rule promulgated by the
Building Inspector in accordance with this code, 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
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 law or any lawful order, notice, directive, permit or certificate
of the Building Inspector made thereunder shall be punishable by fine
or by imprisonment, 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 found guilty
of such an offense.
Appropriate action and proceedings may be taken
at law or in equity to prevent unlawful construction or alterations
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.
Dereliction of any duty or errors on the part
of the Building Inspector shall not legalize any violation of this
code. The issuance of a permit shall not be construed as authority
to violate, cancel or set aside any part of this code.
A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, improvement, conversion
or change in the nature of the occupancy of any building or structure
or shall cause the same to be done, without first obtaining a separate
permit from the Building Inspector for each such building or structure,
except that no permit shall be required for the performance of ordinary
repairs which are not structural in nature.
B.
Application for a permit shall be made to the Building
Inspector on forms provided by him and shall contain the following
information:
(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 the proposed building or structure.
(3)
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, and the name and address of the owner's
authorized agent, if any.
(4)
A brief description of the nature of the proposed
work.
(5)
If the construction is to be in accordance with the
provisions of the State Building Construction Code, a statement that
the application is made for permission to construct in accordance
with the provisions of such code.
(6)
A statement that the applicant consents to permit
the Building Inspector, any Deputy Building Inspector and any officer
or employee of the Building Department to enter upon the premises
without a search warrant in the manner hereinafter prescribed.
(7)
Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances,
rules and regulations.
C.
Each application shall indicate the estimated cost
of the project. If, in the judgment of the Building Inspector, the
stated estimated cost is manifestly incorrect, the Building Inspector
may employ an architect or engineer to make an independent estimate
of the costs of the proposed project, and the expense of such estimate
shall be paid by the applicant. "Estimated costs" shall mean the reasonable
market value of all labor, materials, equipment and professional services
entering into and necessary for the prosecution of the proposed project,
except the cost of land and landscaping.
D.
The application shall be signed by the owner or his
authorized agent.
E.
The application shall be made by the owner or by the
agent, 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
that the proposed work is authorized by the owner and that the applicant
is authorized to make such application, and the affidavit shall contain
a statement that the owner authorizes the applicant to consent to
permit the Building Inspector, any Deputy Building Inspector and any
officer or employee of the Building Department to enter upon the premises
without a search warrant in the manner hereinafter prescribed.
F.
Each application for a permit shall be submitted in
duplicate and 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 alterations and all
existing structures on the site; the nature and character of the work
to be performed and the materials to be incorporated; distances from
lot lines; the relationship of structures on adjoining property; widths
and grades of adjoining streets, walks and alleys; and, where required
by the Building Inspector, details of structural, mechanical and electrical
work, including computations, stress diagrams and other essential
technical data. Plans and specifications shall bear the signature
of the person responsible for the design and drawings and, where required
by § 7202 or 7302, as amended, of Article 145 or 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 requirements for filing plans and specifications for
minor alterations and issue a permit so stating.
G.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Building
Inspector and approval received from the Building Inspector prior
to the commencement of such change of work.
The fee which shall accompany each application
for a permit, a certificate of occupancy or a temporary certificate
of occupancy shall hereafter be established by resolution of the Board
of Trustees and from time to time shall be revised and changed by
resolution. If the application for the issuance of a permit is rejected,
50% of the fee paid shall be refunded, provided that no work has been
commenced. If work has been commenced and the application is rejected,
the fee paid shall not be refunded.
When it shall appear to the Building Inspector
that damage is liable to occur to any public property or private property,
by reason of work to be done pursuant to a permit for which application
has been made, he shall report that fact to the Board of Trustees,
which may require the applicant for a permit to provide a surety bond
or a cash deposit satisfactory to the Board of Trustees. Such bond
or cash deposit shall be conditioned upon the payment for any and
all damage to persons or property caused directly or indirectly by
the applicant or his agents or employees in connection with the work
being done under any permit so granted and upon releasing the Incorporated
Village of Bellerose, its agents and employees from any claims arising
from such work and shall be further conditioned upon the faithful
performance of the work strictly in accordance with the provisions
of this code.
A.
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 60 days from the date of submission of the application.
B.
Upon approval of the application and upon receipt
of the legal fees therefor, the Building Inspector shall issue a permit
to the applicant upon the form prescribed by the Building Inspector
and shall affix his signature or cause his signature to be affixed
thereto.
C.
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 Building Department, and the other set shall be returned
to the applicant, together with the permit, and shall be kept by the
applicant at the building site, open to inspection by the Building
Inspector or his authorized representative at all reasonable times.
D.
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 Inspector shall disapprove the same and
shall return the plans and specifications to the applicant.
A.
A permit shall be effective to authorize the commencing
of work for a period of three months after the date of its issuance.
For good cause, the Building Inspector may allow a maximum of two
extensions for periods not exceeding three months each. All work shall
conform to the approved application, plans and specifications and
shall be in accordance with applicable building laws, ordinances,
rules and regulations.
B.
Permits shall be prominently displayed on the job
site at all times during the progress of the work so as to be readily
seen from adjacent thoroughfares.
C.
No deviation from the plans or specifications approved
by the Building Inspector and for which a permit has been issued or
in the actual construction or alterations intended by the plans and
specifications shall be permitted.
D.
Hours of
operation for construction work.
[Added 7-26-2021 by L.L. No. 3-2021]
(1)
Exterior
or interior construction work may be performed by licensed contractors
or occupants only during the hours of 8:00 a.m. through 7:30 p.m.
on Monday through Friday; and 9:00 a.m. through 7:00 p.m. on Saturday;
work on a Sunday is permitted only upon a prior application approved
by the Building Inspector where times will be specified for good cause
shown, unless such work is required as a result of an emergency arising
on such Sunday or within 24 hours before.
(2)
No
contractor or occupant shall scatter, spill or release sawdust shavings,
grounded paint, plaster dust or other particulate matter into the
environment or onto any neighboring property or street.
The Building Inspector may revoke a permit theretofore
issued 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 permit was based.
B.
Where he finds that the 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 permit has been issued
fails or refuses to comply with a stop order issued by the Building
Inspector.
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, rules or regulations or not in conformity with the
provisions of an application, plans or specifications on the basis
of which a permit was issued or in an unsafe and dangerous manner,
he shall notify the owner of the property or the owner's agent 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
where the work is being performed and sending a copy of the same to
him by certified mail at the address set forth in the application
for permission for the construction or alteration of such building.
The Building Inspector and Deputy Building Inspectors,
upon the showing of proper credentials and in the discharge of their
duties, shall be permitted to enter upon any building, structure or
premises without interference, during reasonable working hours.
Whenever the plans accompanying an application
are for construction or alterations which in the opinion of the Building
Inspector are of a complex or unusual nature, he may, in his absolute
discretion, issue the permit subject to the condition that an architect
or an engineer be employed by the owner or contractor to supervise
the work to be done under the permit issued. It shall be the duty
of the architect or engineer to see that the work, as installed, conforms
to the approved plans and specifications and forthwith, upon the completion
of the project, to make and file with the Building Inspector an affidavit
or affidavits stating that he or they have complied with all inspection
requirements and that the work has been completed in accordance with
the approved plans and specifications and in compliance with all the
provisions of this code.
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 permit shall 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 Building Inspector.
C.
No change shall be made in the nature of the occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Building Inspector.
D.
The owner or his agent shall make application for
a certificate of occupancy. Accompanying this application and before
the issuance of a certificate of occupancy, there shall be filed with
the Building Inspector an affidavit of the registered architect or
licensed professional engineer who filed the original plans or of
the registered architect or licensed professional engineer who supervised
the construction of the work or of the superintendent of construction
who supervised the work and who, by reason of his experience, is qualified
to superintend the work for which the certificate of occupancy is
sought. This affidavit shall state that the deponent has examined
the approved plans of the structure for which a certificate of occupancy
is sought and that the structure has been erected or altered in accordance
with approved plans and as erected or altered complies with the laws
governing building construction or as varied by a variance which has
been legally authorized. Such variances and qualifying conditions
imposed therewith, if any, shall be specified in the affidavit.
Before issuing a certificate of occupancy, the
Building Inspector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
permit to construct, enlarge, alter, repair or change the use or nature
of 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 permit has been issued. 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, rules and regulations and also in accordance
with the application, plans and specifications filed in connection
with the issuance of the permit, the Building Inspector 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
Building Inspector shall not issue a certificate of occupancy and
shall order the work completed in conformity with the permit and in
conformity with the applicable building regulations.
B.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after written application therefor is
made.
C.
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, rules 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 Building Inspector may issue
a temporary certificate of occupancy for a building or structure or
part thereof before the entire work covered by the permit shall have
been completed, provided that such portion or portions as have been
completed may be occupied safely without endangering life or the public
health or welfare. A temporary certificate of occupancy shall remain
effective for a period not exceeding three months from its date of
issuance. For good cause, the Building Inspector may allow a maximum
of two extensions for periods not exceeding three months each.
A.
Any building that may be unsafe, unsanitary, inadequately
provided with exit facilities, a fire hazard, unfit for occupancy
or otherwise dangerous to life, health or property shall be declared
unsafe and condemned by the Building Inspector.
B.
The Building Inspector shall notify the owner or some
one of the owner's executors, legal representatives, agents, lessees
or any other person having a vested or contingent interest in same,
either personally or by certified mail, as soon as possible, describing
the reason for his actions and shall order immediately all necessary
repairs or improvements to render the building safe or shall order
the unsafe building to be demolished within a stipulated time. The
owner shall, within 48 hours after having received such notice, proceed
with repairs or improvements diligently until completed to the satisfaction
of the Building Inspector. Continued use or occupancy of any building
declared unsafe by the Building Inspector shall be in violation of
this code.
C.
When, in the opinion of the Building Inspector, there
is actual or imminent danger of failure or collapse of a building
or when it has collapsed, thereby endangering life and property, the
Building Inspector shall immediately take all necessary action to
ensure public safety.
D.
The Building Inspector may enter at once any building
which he believes to be imminently unsafe or dangerous and the land
on which it stands or the adjoining land or building, and he shall
require that the necessary work be done by the owner to render such
building or any part thereof temporarily safe. In the event the required
work is not undertaken and completed within the time specified by
the Building Inspector, he may employ the necessary labor and materials
to perform the required repairs.
E.
The Building Inspector shall have the authority to
order all occupants in any unsafe building or on the premises to vacate
forthwith. It shall be unlawful for any person to reenter such building
except for the purpose of making necessary repairs or demolishing
the building.
F.
The Building Inspector shall have the authority to
require improved or additional exits from multiple dwellings, places
of business and public assembly if the existing exits are inadequate
or unsafe.
G.
Failure of a person or persons served with a notice
to comply with the Building Inspector's order shall constitute a violation
of this code. If the person to whom such notice and order is addressed
cannot be found, then such notice and order shall be sent by certified
mail to the last known address of such person, and a copy of such
notice shall be posted in a conspicuous place on the premises to which
it relates. Such mailing and posting shall be deemed adequate service.
H.
In the event of failure to comply with the Building
Inspector's notice, a survey of the premises shall be made by an official
of the Village and a practical builder, engineer or architect named
by the Board of Trustees and a practical builder, engineer or architect
appointed by the person notified as above, and in the event of refusal
or neglect of the person so notified to appoint such surveyor, the
two surveyors named shall make the survey and report. The notice shall
state that, in the event the building or other structure shall be
reported unsafe or dangerous under such survey, an application will
be made at a Special Term of the Supreme Court, not less than five
nor more than 10 days thereafter, for an order determining the building
or other structure to be a public nuisance and directing that it shall
be repaired and secured or taken down and removed. A signed copy of
the report of the survey shall be posted on the building or property.
I.
The Board of Trustees may fix the compensation of
the surveyors, and such compensation and all other costs and expenses
incurred by the Village in connection with these proceedings and the
costs of any emergency safety measures ordered by the Building Inspector
to safeguard the public shall be assessed against the land on which
such building or structure is located if not paid to the Incorporated
Village of Bellerose within 30 days after such costs are submitted.
J.
Any building that has been condemned by the Building
Inspector shall not be reoccupied until all the requirements of this
code are strictly complied with and a certificate of occupancy shall
have been issued by the Building Inspector.
A permit shall be required for the demolition
of a building or for the removal of a building from one location to
another and shall be applied for in the same fashion and under the
same requirements as a permit for alteration or construction of a
building. When a permit is applied for in connection with the demolition
of a building or the removal of a building from one location to another,
the applicant shall also submit evidence to the Building Inspector
that he has given at least three days' written notice to the public
utilities corporations having jurisdiction, so that all electric wires,
telephone connections, gas connections, water connections and sewer
connections are properly disconnected and sealed, and no work shall
be commenced pursuant to any permit issued for demolition or removal
unless such disconnections and sealings shall have taken place and
shall have been so certified to have taken place by the public utilities
corporations concerned therewith.
It shall be unlawful for any person to engage
in the business of plumbing or to install, alter or repair any plumbing
system in the Incorporated Village of Bellerose or to display a sign
or to give other notice setting forth or intending to imply that he
is engaged in the business of plumbing, unless he has first been duly
licensed by the County of Nassau or by the City of New York, except
for work in public highways under the direct supervision of the Incorporated
Village of Bellerose.
It shall be the duty of the Plumbing Inspector
to examine the plans and specifications submitted for approval in
connection with all plumbing work for which a permit is sought, to
see that such plans and specifications conform with all the requirements
of this code and to examine all plumbing, both in new work and in
alterations. All work done under the provisions of this code and the
materials used in connection with such work shall be subject to the
approval of the Plumbing Inspector.
Every person, firm or corporation who shall
perform any plumbing work in the Incorporated Village of Bellerose
shall be duly licensed in accordance with the provisions of law and
shall furnish a bond suitable to and approved by the Board of Trustees
of the Incorporated Village of Bellerose, in the sum of $2,500, with
one or more sureties acceptable to the Board of Trustees, conditioned
substantially that he or it shall indemnify and save harmless the
Village of and from all suits and actions brought against such Village
or any officer thereof for or on account of any injury or damage received
or sustained by any person in consequence of or resulting from any
work performed by him or it or by his or its servants or agents or
from any improper materials used in said work or from any negligence
in guarding said work or from any act of omission of him or it or
of his or its servants or agents. A further condition of the said
bond shall be that all skilled workmen or laborers, as and when used
on any such plumbing work, shall be insured and protected in accordance
with the provisions of the state labor laws.
A.
Before any plumbing work is started in a building
or before any additions or alterations are made to old work, an application
properly completed and signed by a licensed plumber shall be filed
in the office of the Plumbing Inspector, together with plans and descriptions
in duplicate showing and describing the proposed work, except that
where only stoppages are removed or leaks repaired or where plumbing
fixtures are replaced without altering or disturbing any drain or
soil, waste or vent pipe, no application or permit will be required.
B.
The plumbing plans shall consist of such floor plans
and sections as may be necessary to show clearly all the work to be
done, including all sewers, drains and soil, waste and vent pipelines
and the location of fixtures and their traps and connections, together
with all other information specifically requested by the Plumbing
Inspector.
C.
No work shall proceed until the plumbing plans and
specifications have been approved and a permit has been issued by
the Building Inspector or by a Plumbing Inspector.
D.
Modification of approved plans or of the work described
therein shall not be permitted unless such changes have been previously
allowed by the Plumbing Inspector on written application.
E.
Permits issued with reference to plumbing shall expire
under the same time limitations as set forth above for general permits.
Any owner, lessee, architect, builder, engineer
or licensee hereunder or the agent or employee of any of them, who
violates or is an accessory to a violation of any provision of this
code, shall be liable to a penalty not exceeding in any one case of
violation $250. Each day that a violation continues shall be deemed
a separate offense. In addition, any such violations shall constitute
disorderly conduct, and the person committing such violation shall
be a disorderly person.
