Except as may be otherwise provided, for the purposes of this chapter, the following terms shall have the meanings respectively ascribed herein:
ALTERATION
As applied to any building or structure, any change or rearrangement in the structural parts or in the exit facilities or any enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. The term "alter" in its various modes and tenses and its participal forms refers to the making of an alteration.
APPROVED
As applied to a material, device or mode of construction, approved by the Building Inspector under the provisions of this chapter or by other authority designated by law to give approval in the matter in question.
AUTOMATIC
As applied to a fire door or other opening protective, normally held in an open position and automatically closed by a releasing device that is actuated by abnormal high temperature or by a predetermined rate of rise in temperature.
BEARING WALL
A wall which supports any vertical load in addition to its own weight.
BUSINESS BUILDING
A building occupied for the transaction of business, for the rendering of professional services, for the display, sale or storage of goods, wares or merchandise, for the supplying of food, drink or other bodily needs or comforts or for the performance of work or labor, including among others, office buildings, stores, markets, restaurants, factories, workshops and laboratories.
COMMERCIAL BUILDING
Any building used solely for commercial or industrial uses, including but not limited to office, professional or service-type transactions wherein there is no residential or mixed-use occupancy.
[Added 1-14-2013 by L.L. No. 2-2013]
DWELLING
A building occupied exclusively for residence purposes and having not more than one apartment.
FIRE PARTITION
A wall or partition which subdivides a story of a building to restrict the spread of fire or to provide an area for refuge.
FIRE WALL
A wall which subdivides a building or separates buildings to restrict the spread of fire and which starts at the foundation and extends continuously through all stories to and above the roof.
GARAGE
A building, shed or enclosure or any portion thereof in which a motor vehicle, operated by volatile inflammable oil in its fuel storage tank, is stored, housed or kept.
HABITABLE ROOM
A room occupied by one or more persons for living, eating or sleeping and includes kitchens serving apartments and individual households, but does not include bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, cellars and spaces that are not used frequently or during extended periods.
HEIGHT
A. 
The distance measured from the mean average grade of the ground surrounding the building to the highest point of the roof, provided that chimneys, spires, elevator penthouses, tanks and similar projections shall not be included for the purpose of determining the height.
[Amended 10-18-2005 by L.L. No. 23-2005]
B. 
As applied to a wall, the vertical distance to the top measured from the foundation wall or from a girder or other immediate support of such wall.
OCCUPIED
As applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied."
OWNER
Includes the owner or his duly authorized agent or attorney, a purchaser or devisee and a person having a vested or contingent interest in the property in question.
PARTY WALL
A wall used or adopted for joint use between two buildings.
PUBLIC BUILDING
A building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including among others, courthouses, schools, colleges, churches, libraries, museums, exhibition buildings, lecture halls, theaters, bathhouses, armories and recreation piers.
PUBLIC GARAGE
A garage in which a business or industry connected directly or indirectly with motor vehicles is carried on.
RESIDENCE BUILDING
A building in which sleeping accommodations are provided, including among others, dwellings, tenements, multifamily houses, hotels, lodging houses, dormitories, convents and clubhouses.
STORAGE BUILDING
A building for the housing, except for purely display purposes, of airplanes, automobiles, carriages, railway cars or other vehicles of transportation or exclusively for the storage of goods, wares or merchandise, not excluding in any case offices incidental to such uses.
STORY
That part of any building comprised between any floor and the floor or roof next above which is intended, arranged or designed to be occupied.
All matters concerning, affecting or relating to the construction, alteration or removal of buildings or structures herein specified as public, residence, business or storage buildings erected or to be erected within the zoned areas of the Town and outside the limits of any incorporated village are presumptively provided for in this chapter. Such provisions shall apply with the same force to town, county or state buildings as they do to private buildings, except as may be otherwise specifically provided.
This chapter is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof which are health and welfare through structural strength and stability, adequate light and ventilation and safety to life and property from fire and hazards incident to the construction, alteration, repair, removal or demolition of buildings or structures.
No building or structure shall hereafter be constructed, altered, repaired or removed, nor shall the equipment of a building, structure or premises be constructed, installed, altered, repaired or removed except in conformity with the provisions of this chapter or authorized rule or approval of the Building Inspector made and issued thereunder.
The provisions of this chapter shall not be deemed to modify any provision of the laws of the state nor of any ordinance in conflict therewith, but shall be regarded as supplementing such statutes and ordinances, and whichever imposes the greater restrictions shall be controlling.
A. 
The Board of Appeals may, in a specific case, have the power to vary or modify a provision of these building standards upon written application by the owner or his agent where there are practical difficulties in the way of carrying out the strict letter of such provisions, so that the spirit shall be observed and substantial justice done.
B. 
When any such variation or modification has been granted, a written certificate therefor shall be issued by the Building Inspector.
All matters and questions relating to building or building operations necessary for safety but not covered or provided for in this chapter shall be decided by the Building Inspector, and the decision of said Inspector shall be as binding as if said matter were contained in this chapter.
Nothing in this chapter shall require changes in the plans, construction or designated use of a building, the construction of which shall have been already begun within 15 days and which shall be prosecuted with due diligence.
[Amended 4-7-1976 by L.L. No. 15-1976;[1] 12-16-1986 by L.L. No. 2-1987; 1-3-2024 by L.L. No. 2-2024]
A. 
Appointment; function. The Town Building Inspector, as described in § 138 of the Town Law, shall be appointed by the Commissioner of Planning and Development and be responsible for the enforcement of this chapter. The Commissioner of Planning and Development may appoint such assistants and subordinates as may be deemed necessary for enforcing the provisions of this chapter.
B. 
In the absence of the Town Building Inspector, or in case of his or her inability to act for any reason, the Commissioner of Planning and Development shall have the power, with the consent of the Town Board, to designate a person to act on behalf of the Town Building Inspector and to exercise all the powers conferred upon him or her by this chapter.
C. 
Any references in this Code to "Chief Building Inspector" shall mean the individual appointed to or in an acting capacity as the Town Building Inspector.
[1]
Editor's Note: Local Law No. 15-1976 created the Department of Planning and Development, in which Department the Division of Building replaced the former Building Department. For the text of this local law, see Ch. 49.
[Amended 4-7-1976 by L.L. No. 15-1976;[1] 12-16-1986 by L.L. No. 2-1986]
The Commissioner of Planning and Development may appoint such assistants and subordinates in the Division of Building in the Department of Planning and Development as may be deemed necessary for enforcing the provisions of this chapter.
[1]
Editor's Note: Local Law No. 15-1976 created the Department of Planning and Development, in which Department the Division of Building replaced the former Building Department. For the text of this local law, see Ch. 49.
[Amended 8-13-2002 by L.L. No. 20-2002]
A. 
Notices. Whenever the Building Inspector and/or Zoning Inspector is satisfied that the execution of any work for which a building permit is issued is contrary to this chapter and/or plans and application submitted for the permit, the Inspector shall serve notice or order upon the persons responsible, directing the discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions of this chapter.
B. 
Stopping work. Whenever, in the opinion of the Building Inspector and/or Zoning Inspector, by reason of defective or illegal work in violation of a provision or requirement of this chapter, the continuance of a building operation is contrary to public welfare, the Inspector may order, either orally or in writing, all further work to be stopped and may require suspension of the work until the condition in violation has been remedied.
C. 
Any person, firm or corporation violating a stop-work order issued pursuant to § 89-12 or failure or neglect to comply with any order issued pursuant thereto shall be guilty of an A misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $5,000 or imprisonment for a period not to exceed one year, or both such fine and imprisonment.
[Added 5-6-2003 by L.L. No. 5-2003]
A. 
Unless otherwise provided, any violation of any provision of this chapter, as amended and as hereafter amended, shall be punished according to and subject to the provisions of §§ 1-15 through 1-17 of this Code.
B. 
No owner, lessee or person having possession and control of a premises shall build, alter or use any building, structure or land, nor permit any building, structure or land to be built, altered or used in a manner contrary to any statement, representation, application, plan or specification submitted to and approved by the Town.
C. 
No owner, lessee or person having possession and control of a premises or any part thereof shall cause or permit any violation of this Code to exist or fail to comply with the requirements of this Code, and any architect, builder, contractor, agent, person, firm or corporation which shall have caused, permitted, or assisted in the commission of any such violation of this Code or which fails to comply with the requirements of this Code shall each be guilty of a separate and individual offense and, upon conviction thereof, shall be punished as herein provided.
[Amended 9-13-2006 by L.L. No. 27-2006]
[Added 12-18-2012 by L.L. No. 18-2012; amended 2-27-2019 by L.L. No. 4-2019; 2-13-2020 by L.L. No. 6-2020; 6-9-2021 by L.L. No. 4-2021]
A. 
For the purpose of this section, the following terms shall have the meanings indicated:
CERTIFICATE OF COMPLETION
A certificate issued by the New York State Department of Labor which recognizes a person's successful completion, within the twelve-month period immediately preceding the date of the construction contract award, of a qualified apprenticeship and the training program registered and approved by the Commissioner of the New York State Department of Labor in accordance with the New York Labor Law and 12 NYCRR § 600 et seq., and any amendments thereto.
CONSTRUCTION CONTRACT
Any contract with a value in excess of $250,000 to which the Town of Babylon is a party or for work to be performed on Town of Babylon-owned property that concerns the construction, reconstruction, improvements, rehabilitation, maintenance, furnishing, equipping of or otherwise providing for any building, facility or physical structure of any kind.
B. 
Prior to awarding a construction contract, each of the general contractor, subcontractor, or applicant (as the case may be, and hereinafter the "contractor") shall provide a list of all trades or classifications of workers it anticipates engaging on the construction project given the type and scope of work to be performed and documentation to show that it has apprenticeship agreements appropriate for said type and scope of work to be performed which have been registered with, and approved by, the New York State Commissioner of Labor in accordance with Article 23 of the New York Labor Law, and at least one certificate of completion from each apprenticeship training program with which it has an apprenticeship agreement. The contractor must also submit then-current New York State Department of Labor-approved Form AT-401 certificates or similar certificates demonstrating that there is at least one apprentice currently enrolled in each apprenticeship training program for the type and scope of work to be performed on the construction contract, and if the contractor is to be a signatory to a sponsored apprenticeship training program, it must submit to the Town a letter from the sponsor of the apprenticeship training program(s), verifying the contractor's signatory status as a participating entity approved by the Commissioner of the New York State Department of Labor to employ New York State-registered apprentices.
C. 
The determination of compliance with this section shall be made and certified by the Commissioner of General Services. An aggrieved party may appeal such determination in an Article 78 proceeding to the Supreme Court, Suffolk County, filed within 30 days of filing of the determination by the Commissioner with the Town Clerk or mailing of such determination to the contractor, whichever is later.
D. 
This section shall not apply:
(1) 
Where the requirements of a construction contract that is essential to the Town can only be fulfilled by a sole source, and such sole source is unwilling to comply with the requirements of this section; or
(2) 
Where federal funding prohibits the Town from imposing the requirements of this section.
[Added 10-12-2022 by L.L. No. 19-2022]
A. 
Purpose. The provisions of this section are intended to promote the safety of minor and major construction sites within the Town of Babylon. The provisions of this section are designed to provide that workers employed or otherwise engaged at such construction sites have received adequate safety training, that contractors performing construction work have essential safety training and that contractors performing construction work have essential safety training systems to prevent injuries and protect workers who are injured.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONTRACTOR
Any person contracted or subcontracted to perform work covered by this section for or on behalf of any other person.
MAJOR CONSTRUCTION PROJECT
A construction site, with an area greater than 50,000 square feet, which involves the construction, demolition or alteration of a structure or building.
MINOR CONSTRUCTION PROJECT
A construction site, with an area greater than 35,000 square feet and less than or equal to 50,000 square feet, which involves the construction, demolition or alteration of a structure or building.
OSHA
The United States Department of Labor Occupational Safety and Health Administration.
OSHA ONE-HUNDRED-HOUR CLASS
A class or program that:
(1) 
Includes 100 or more hours of training in technical subjects relating to a construction trade, including an apprenticeship program registered with the New York State Department of Labor; and
(2) 
Is approved by OSHA, the United States Department of Labor, the New York State Department of Education or the New York State Department of Labor and consists of in-person training, actively proctored online training or, if such training is conducted before the effective date of this section, online training.
OSHA THIRTY-HOUR CLASS
A class that includes 30 or more hours in construction industry safety and health that is intended for workers and satisfies the following conditions:
(1) 
Such class is: i) approved by OSHA and conducted in accordance with the OSHA outreach training program, or ii) an equivalent thirty- or more hour construction industry safety and health class approved by the Building Inspector.
(2) 
Such class consists of in-person training, actively proctored online training or, if such training is conducted before the effective date of this section, online training.
PERMIT HOLDER
The person to whom a building permit has been issued or for whom a building permit has been applied.
PERSON
An individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
SITE SAFETY DESIGNEE
The site safety designee must have completed an OSHA one-hundred-hour class. On a major construction project, the site safety designee shall use reasonable prudence to ensure that safety is maintained as job conditions dictate and shall complete any tasks required of a site safety designee set forth in this section.
C. 
Safety training required.
(1) 
In addition to any other applicable provisions of this Code, or any federal, state or county law or rule, each permit holder:
(a) 
At a minor construction site, shall be responsible for ensuring that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or any person performing work for or on behalf of such permit holder at such site has successfully completed and maintains a current OSHA thirty-hour class certificate.
(b) 
At a major construction site, shall be responsible for ensuring that a foreman or designated employee or individual otherwise engaged at such site by the permit holder or any person performing work for or on behalf of such permit holder is designated as a site safety designee. The site safety designee shall be tasked with ensuring that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or any person performing work for or on behalf of such permit holder at the site is in compliance with § 89-13.2C(1)(a) and shall report violations of this requirement to the Building Inspector.
(2) 
The applicant, permit holder or any person performing such work on behalf of the permit holder shall certify to the Building Inspector, in a form and manner established by the Building Inspector, that the requirements of § 89-13.2C(1)(a) and/or (b) have been met. No permit for construction or demolition work for which training is required pursuant to this section shall be issued or renewed until the applicant has certified that all workers who will be working under such permit will have the requisite training throughout the duration of such permit.
(3) 
The applicant, permit holder or any person performing such work on behalf of the permit holder shall certify that all New York State and OSHA safety requirements and workers' compensation and insurance requirements have been met.
(4) 
The permit holder shall maintain at such site a daily log that identifies each such worker and that includes, for each such worker, proof of compliance with § 89-13.2C(1)(a) and (b), as applicable. Such logs shall be made available to the Building Inspector upon request and shall be submitted to the Building Inspector as a prerequisite to the issuance of a certificate of occupancy and/or certificate of completion.
D. 
Penalties for violations.
(1) 
Any violation of this section by a permit holder shall be an offense punishable by a fine of not less than $1,000 nor more than $10,000. Each worker performing work on a construction site covered by this section without required safety training shall constitute a separate additional offense. Each day that any violation continues shall likewise constitute a separate additional offense.
(2) 
For a second or subsequent offense committed by a permit holder within a period of five years, such offense shall be punishable by a fine of not less than $3,000 nor more than $20,000 or by imprisonment for a period not to exceed 15 days, or both.
(3) 
In addition, any permit issued to a permit holder who has violated this section may be revoked by the Building Inspector after giving the permit holder written notice and an opportunity to be heard.
(4) 
The Building Inspector shall be authorized to issue stop-work orders for violations of this section pursuant to § 89-12. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person or contractor performing, taking part in or assisting in the work shall suspend all construction activities until the stop-work order has been rescinded.