A.
Short title. This Part 1, together with the State Building Construction Code, shall be known and may be cited as the "Building Code."
[Amended 1-9-2023 by L.L. No. 3-2023]
A.
Appointment. The inspector of buildings shall be appointed by the Board of Trustees and shall hold office until his successor is appointed. Superseding section Public Officers Law § 3 and Village Law § 3-300, the Building Inspector may reside anywhere within the State of New York.
B.
Duties.
(1)
He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for.
(2)
He shall, as often as necessary, inspect, during construction, all buildings or structures for which a permit has been issued to see that the provisions of law are compiled with, that suitable and safe materials are being used and that construction is prosecuted safely. Whenever, in his opinion, by reason of defective or illegal work in violation of a provision of this Part 1, the continuance of a building operation is contrary to public welfare, he may order all further work to be stopped and may require suspension of work until the condition in violation has been remedied.
C.
Powers. For the purpose of securing for the public the benefits of new developments in the building industry and yet ensuring public safety, he shall make or cause to be made investigation, or may accept fully authenticated reports from reliable sources, of new materials or modes of construction, intended for use in the construction of buildings or structures in the municipality which are not provided for in this Part 1.
D.
Right of entry. In the discharge of his duties, he shall have authority to enter any building, structure or premises at any reasonable hour. Any person who knowingly refuses admission to the inspector of buildings or to any of his designees shall be guilty of a violation of this Part 1.
E.
Records. He shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence.
F.
Cooperation of other officials. He may request and shall receive so far as may be necessary, in the discharge of his duties, the assistance and cooperation of the Village Engineer in fixing lines and grades; of the Chief of Police in enforcing orders; of the Village Attorney in prosecuting violations; and of other Village officials.
G.
Special supervision.
(1)
Whenever there is an increase above normal in the number of applications for permits for the erection or alteration of buildings, or implications for unusual design or magnitude of construction are filed, the Board of Trustees may in its discretion employ or retain properly qualified licensed engineers or architects to examine applications and plans for specific building operations with respect to structural safety and conformance to statutory requirements and to make inspections during the course of construction to secure compliance with approved plans and permits.
(2)
Upon the completion of building operation made under special supervision as herein provided, the engineer or architect assigned to it shall file with the Board of Trustees a verified report to the effect that the work has been constructed in accordance with accepted safe practice and in compliance with applicable statutory provisions.
A.
When required. It shall not be lawful to construct, alter, remove or demolish, or commence the construction, alteration, removal or demolition of a building, swimming pool, or other structure or equipment that is subject to provisions of this Part 1, without first filing with the inspector of buildings an application in writing and obtaining a permit.
B.
Form.
(1)
An application for a permit shall be submitted in such form as the inspector of buildings may prescribe.
(2)
Such application shall be made by the owner or lessee or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or of the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application.
(3)
Such application shall briefly describe the proposed work and shall give such information as may be necessary for an intelligent understanding of the proposed work.
C.
Plans.
(1)
Applications for permits shall be accompanied by three sets of plans of the proposed work, drawn to scale, including floor plans, sections, elevations and such details as the inspector of buildings may require.
(2)
Whenever the plans accompanying an application are for a structure which, in the opinion of the inspector, is of complex design, the inspector shall require the applicant to file an affidavit signed by a licensed architect or engineer certifying that the plans and specifications comply with the provisions of this Part 1 as in force on the date of the application. In such case the inspector may, in his discretion, employ a licensed architect or engineer to examine the plans. The amount by which the cost of such examination, not exceeding 1/2 of 1% of the estimated construction cost, is in excess of 1/2 of the permit fee required by this Part 1 shall be added to such permit fee and paid by the applicant before the permit shall be issued. In the event that the inspector employs a licensed engineer or architect under this subsection, the inspector may rely upon the advice of such architect or engineer as to whether such plans and specifications comply with this Part 1.
(3)
Whenever the plans accompanying an application are for a structure which, in the opinion of the inspector, is of complex design, the inspector may, in his discretion, issue the permit subject to the condition that an architect and/or engineer whose qualifications are acceptable to him (and who may be already employed by the owner or builder), be employed by the owner or builder to supervise all work done under the permit, to see that the work conforms with the approved plans and specifications and forthwith upon its completion to make and file with the inspector an affidavit or affidavits that he or they have complied with all inspection requirements of this Part 1 and that the work has been carried out according to the approved plans and specifications and in accordance with the provisions of this Part 1. In such case the inspector may rely upon such affidavit or affidavits as evidence that such building conforms substantially to the approved plans and specifications and the requirements of this Part 1 applying to buildings of its class and kind.
(4)
Whenever the plans accompanying an application are for construction that would increase the development coverage on the lot, the plans shall contain a calculation of the existing and proposed development coverage certified by an architect, engineer or surveyor licensed in the State of New York.
[Added 6-26-2000 by L.L. No. 2-2000]
D.
Plot diagram. There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction and of all existing buildings and structures that are to remain.
E.
Fees.
[Amended 4-26-1976 by L.L. No. 2-1976]
(1)
No permit shall be issued until the prescribed fee shall have been paid. Nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building, swimming pool or other structure, shall have been paid. No refund of the fee paid shall be made if the final cost is less than the estimated cost.
(2)
For a permit for the construction, alteration, removal or demolition of a building or other structure, the fee shall be in an amount as adopted by resolution of the Board of Trustees, provided that no fee shall be required when the estimated cost does not exceed $500.
(3)
For a permit for the alteration of a building or for the construction of a new structure not otherwise provided for herein, the estimated cost shall be the reasonable value of all appliances, devices and equipment entering into and necessary to the prosecution and completion of the work.
F.
Amendments. Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work. Such amendments, after approval, shall be filed with and deemed a part of the original application.
G.
Repairs. Repairs to buildings or structures may be made without filing an application or obtaining a permit.
A.
Action on application. It shall be the duty of the inspector of buildings to examine and pass upon applications for permits, within a reasonable time after filing.
B.
State approvals.
(1)
No permit for the construction or alteration of a building or structure which is to be occupied wholly or in part as a place of assembly, mercantile establishment or factory within the meaning of the state labor law, or which is required to conform to some state law or duly authorized rule under such law administered by a state commission, bureau or board, shall be issued under the provisions of this Part 1, until the properly constituted authority has approved the plans for the same.
(2)
Every approval of plans, every certification or endorsement of a variation or modification of a statutory provision and every duly issued order by a properly constituted state authority shall be presumptive evidence of the validity of such approval, certification, endorsement or order, and, insofar as the jurisdiction of such authority extends, shall be binding on the inspector of buildings and a permit shall be issued in accordance therewith.
C.
Approval in part. Pending the approval of an application for a permit, the inspector of buildings may issue a temporary permit for any portion of the work provided that portion of the work conforms to the requirements of this Part 1.
D.
Conditions of the permit. It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved.
E.
Limitation. A permit shall be valid for one year from the date of issue. If construction authorized by the permit has begun but not been completed within that one-year period, the holder of the expired permit shall be required to file with the inspector of buildings an application in writing and obtain a renewal permit. If construction has not begun, a new permit must be applied for and obtained in accordance with the existing requirements for new permits. The fee for such a renewal permit shall be based upon the estimated cost of completion of the project, but shall not be less than the minimum amount that could have been applied to the original permit.
[Amended 8-10-1992 by L.L. No. 3-1992]
F.
Posting of permit. Copies of the permit and approved plans shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of the same.
A.
When required. No building hereafter erected shall be occupied in whole or in part until a certificate of occupancy shall have been issued by the inspector of buildings; provided that a temporary certificate of occupancy may be issued to permit occupancy of all or part of such buildings if, in his opinion, such temporary occupancy use would not in any way jeopardize life, health or property.
B.
Contents of certificate. The certificate of occupancy shall state the compliance with approved plans and specifications, the purpose for which the building may be used in its several parts, the maximum permissible live loads on the several floors, the number of persons that may be accommodated in the several stores in case such numbers are limited by the provisions of this Part 1, or any other statute, and other special stipulations of the permit, if any. The inspector of buildings shall establish rules and regulations requiring written applications and such other requirements for the issuance of a certificate of occupancy as he may deem necessary. A certificate of occupancy may be temporary or for a term or permanent, but subject to cancellation for cause.
C.
Change of occupancy or use. No change of occupancy or use shall be made in any building or part thereof now existing or hereafter erected or altered or with respect to any land unless a certificate of occupancy is issued by the inspector of buildings certifying that such building or land and the use thereof conforms to the provisions of this Part 1 and other statutes and regulations affecting such changed occupancy or use.
D.
No such certificate shall be issued until a plot diagram showing accurately the size and exact location of all buildings and other structures, including subsurface structures, both new and previously existing that are to remain, shall have been filed. Such diagram shall be prepared and attested by a person holding a license as a land surveyor of the State of New York, in such form as required by the inspector of buildings. It shall be retained permanently in the files of the Village, or until replaced by a new plot diagram, similarly prepared, if and when alterations or new improvements are made.
E.
No swimming pool hereafter erected shall be used until a certificate of occupancy has been issued by the inspector of buildings.
F.
Fee shall be required for a certificate of occupancy unless the final cost of construction shall exceed the estimated cost as stated in the original application for a building permit. In the event the final cost does exceed the estimated cost, the fee for a certificate of occupancy shall be in an amount as adopted by resolution of the Board of Trustees.
[Amended 4-26-1976 by L.L. No. 2-1976]
A.
Removal or repair of buildings.
(1)
A building or structure that may be or shall at any time hereafter become dangerous or unsafe shall, unless made safe and secure, be taken down and removed.
(2)
A building or structure declared structurally unsafe by duly constituted authority may be restored to safe condition; provided that if the damage or cost of reconstruction or restoration is in excess of 50% of the value of the building or structure exclusive of foundations, such building or structure, if reconstructed or restored, shall be made to conform with respect to materials and type of construction, to the requirements for buildings and structures hereafter erected; but no change of use or occupancy shall be compelled by reason of such reconstruction or restoration.
B.
Notice of unsafe building. Upon receipt of information that a building or structure is unsafe, the inspector of buildings shall make or cause to be made an inspection; and if it is found that an unsafe condition exists, he shall serve or cause to be served on the owner a written notice containing a description of the building or structure deemed unsafe, a statement of the particulars in which the building or structure is unsafe, and an order requiring the same to be made safe and secure or removed, as may be deemed necessary by him.
C.
Emergency work. In case of necessity the inspector of buildings shall cause an unsafe building to be vacated, or the street or part thereof to be closed, and to take other measures necessary for the protection of persons or property.
A.
Failure to comply. Any failure to comply with any provision or requirement of this Part 1 or any material departure from the approved plans and specifications shall be deemed a violation.
B.
Violations and penalties. The penalty for each violation of this Part 1 is hereby fixed at a sum not to exceed $250 to be collected in the manner provided by law. Each and every day that such violation continues shall constitute a separate offense.
[Amended 5-14-1979 by L.L. No. 1-1979]
C.
Abatement. The imposition of the penalty herein prescribed shall not preclude the institution of an 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 the occupancy of a building, structure or premises, or to prevent an illegal act, conduct, business or use in or about any premises.
Right of appeal. An applicant aggrieved by a ruling of the inspector of buildings may appeal to the Board of Trustees, provided that a notice of appeal together with a transcript of the action appealed from be filed with the Clerk of the Board of Trustees and with the inspector of buildings within 10 days of the date of the action. The Board of Trustees shall act on such appeal at its next regular meeting or at a special meeting, due notice of which shall be given to the applicant.