[Adopted 4-26-1957 by Ord. No. 32; amended in its entirety 3-16-1968]
There is hereby designated, in the Village of Westhampton Beach, a public official to be known as the "Building Inspector," who shall be appointed by the Village Board at a compensation to be fixed by it.
The Village Board may appoint one or more Deputy Building Inspectors, as the need may appear, to act under the supervision of the Building Inspector and to exercise any portion of his powers and duties. The compensation of such Deputy Building Inspectors shall be fixed by the Village Board.
In the absence of the Building Inspector or in the case of his inability to act for any reason, the Deputy Building Inspector shall exercise all of the powers conferred upon him by this article.
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 he, 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 Westhampton Beach, 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 and not constructed for sale.
[1]
Editor's Note: For related provisions, see Ch. 23, Ethics, Code of.
Except as otherwise specifically provided by law, ordinance or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings, bulkheads and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.
A. 
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.
B. 
He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with 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 that the same are certified by a responsible official thereof.
C. 
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 a service bureau or agencies.
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, 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 inspections during business hours.
The Building Inspector shall, monthly, submit to the Village Board a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police and Fire Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or installation of equipment therein.
[Amended 2-14-2000 by L.L. No. 3-2000]
No person, firm or corporation shall commence the erection, construction, enlargement alteration, modification, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or construct, alter or replace any part of any access driveway or walkway, or place soil, sand or earth fill on any lot or parcel of land which will increase the elevation on any part of the lot or parcel of land by more than one foot, or cause the same to be done, without first obtaining a building permit separate and distinct from that required by Chapter 197, Zoning, from the Building Inspector for each such building or structure or driveway or walkway or placement of soil, sand or earth on any lot or parcel of land.
A. 
Application for a building 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 of the building or structure.
(3) 
The valuation of the proposed work.
(4) 
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.
(5) 
A brief description of the nature of the proposed work.
(6) 
A duplicate set of plans and specifications as set forth in Subsection C of this section.
(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 and regulations.
B. 
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 land survey, 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; existing and proposed site grade contours at intervals of two feet; stormwater collection and disposal system for the parcel and site, with design calculations based on a rainfall rate of two inches per hour; 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. The Building Inspector may waive the requirement for filing plans.
[Amended 2-14-2000 by L.L. No. 3-2000]
D. 
The construction, alteration or replacement of any access driveway shall be approved by the Department of Public Works and shall be in conformance with established local laws, regulations and specifications.
[Added 2-14-2000 by L.L. No. 3-2000]
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 Building Inspector.
[Added 3-13-1987 by L.L. No. 3-1987; amended 2-14-2000 by L.L. No. 3-2000]
A. 
On any application for a building permit, which application has not been preceded by the Planning Board's specific site plan review and approval of the site plan depicting the same improvements for which a building permit is sought, pursuant to §§ 197-62 through 197-67 of Chapter 197, Zoning, and which application by reason of either the documents submitted under § 70-11 hereinabove or an actual inspection of the parcel and surrounding area of the parcel by the Building Inspector or the Building Inspector and Village Engineer depicts circumstances which demonstrate a risk of stormwater runoff from the parcel to be improved, either as a consequence of the issuance of a building permit and construction of the proposed improvements or as a consequence of existing natural conditions at or adjacent to the parcel, the applicant at the direction of the Building Inspector shall submit an acceptable plan for a stormwater collection and disposal system for the parcel and site, which shall be designed with current and approved engineering standards, inclusive, by way of illustration and not limitation, of utilization of the natural features of the site and/or installation of one or more leaching pools sufficient to contain two inches of rainfall, adjusted for a minimum acceptable coefficient of .30 of runoff. Any said plan shall be designed in such a manner that, among other things, no stormwater runoff created by or resulting from the improvement of the parcel will flow into any road, existing public or municipally approved storm drain or system, existing watercourse, stream, pond, bay, ocean or tidal or freshwater wetland or alter a wildlife habitat or cause or increase soil erosion on or off site or flood or run on or across adjacent land, whether improved or unimproved.
B. 
Placement of soil, sand or earth fill on any lot or parcel of land or any part thereof in any amount in any floodplain area and all designated areas of special flood hazard is prohibited without a building permit, the issuance of which is subject to site plan approval as described and required by Village Code § 197-63, Site plan procedure.
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 a reasonable time.
B. 
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.
C. 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved" and the date thereof. One set of such plans and specifications shall be retained in the files of the Building Inspector, and the other set shall be returned to the applicant together with the building permit and shall he kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
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 the request of the applicant, the Building inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
[Amended 4-19-1999 by L.L. No. 6-1999; 8-1-2019 by L.L. No. 6-2019]
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 12 months after the date of its issuance.
B. 
For good cause and in his or her discretion, the Building Inspector may allow a maximum of one extension for a period not exceeding 90 days.
C. 
Should the proposed work not be completed within the twelve-month term or by the end of a granted extension, a building permit may be renewed with an associated fee calculated to be 50% of the original permit fee. Such renewed permits will expire 12 months from the expiration date of the original permit. A renewed permit may be eligible for a ninety-day extension at the discretion of the Building Inspector.
D. 
Failure to proceed in a continuous and timely manner as required by § 70-17 within the initial term, or any renewed term, of an issued building permit may result in deeming a permit ineligible for renewalby the Building Inspector.
E. 
Where a building permit or renewed permit expired and the Building Inspector has deemed the permit ineligible for renewal, the subject property must be remediated to its original condition as directed by the Building Inspector. Such remediation may include, but is not limited to, removal of buildings and/or structures without a valid certificate of occupancy, removal of all equipment and materials, regrading to original grades, and revegetation to natural state.
[Amended 4-19-1999 by L.L. No. 6-1999; 3-3-2022 by L.L. No. 2-2022]
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 and shall proceed in a continuous and timely manner. The building foundation, framing, exterior siding, opening enclosures and roof shall be installed in conformance with the approved plans and specifications within the twelve-month period stated in a valid building permit.
A. 
The work site shall be maintained in a safe and neat condition with building materials and equipment stored in an orderly fashion.
B. 
Debris shall be stored in approved refuse containers and/or dumpsters, which shall only be permitted on site when a building or demolition permit is active. Construction dumpsters are to be sized accordingly, well-maintained and removed from the site as soon as practical, so as not to cause a nuisance.
C. 
During the term of the permit, or any renewed term, it shall be unlawful for any person or business entity to leave, cause, permit and/or maintain an open excavation or pile of fill or other material, in connection with the removal of trees or other vegetation or the installation, repair or maintenance of drainage structures, sewage systems, utility work, foundation or other below-grade construction, in an unsecured, or dangerous, or hazardous condition or place. Such excavation or pile shall be effectively and properly fenced, shored or barricaded to prevent the creation and/ or maintenance of an unsafe or hazardous condition while work is being performed and such conditions shall be remedied as soon as practicable as the work is completed.
[Added 12-7-2023 by L.L. No. 14-2023]
Fees payable for building permits and certificates of occupancy shall be in such amount as the Board of Trustees may from time to time fix and determine by due resolution.[2]
[1]
Editor's Note: See also § 70-24.
[2]
Editor's Note: For fees, see Ch. A200, Fees.
The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
E. 
Where a permit has been revoked, the subject property must be remediated to its original condition as directed by the Building Inspector. Such remediation may include, but is not limited to, removal of buildings and/or structures without a valid certificate of occupancy, removal of all equipment and materials, regrading to original grades, and revegetation to natural state.
[Added 12-7-2023 by L.L. No. 14-2023]
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
Any building official, 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 Building Inspector, in addition to any which may be required under Chapter 197, Zoning.
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 Building Inspector, in addition to which may be required under Chapter 197, Zoning.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector, in addition to any which may be required under Chapter 197, Zoning.
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 he 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 construction of 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, that the structure has been erected in accordance with approved plans and as erected complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
[Amended 4-8-1988 by L.L. No. 9-1988]
The schedule of fees payable upon the filing of an application for a certificate of occupancy shall be fixed and determined from time to time by the Board of Trustees.[1]
[1]
Editor's Note: For fees, see Ch. A200, Fees.
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 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. 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 Building Inspector shall issue a certificate of occupancy upon the form provided by him.
B. 
If it is found that the proposed work was not properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
C. 
A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made.
[Amended 12-13-1996 by L.L. No. 17-1996]
A. 
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.
B. 
Except for certificates of occupancy issued with respect to residential property, the certificate of occupancy shall set forth the maximum number of persons permitted to occupy any building, structure or portion thereof, as said occupancy is established pursuant to the applicable provisions of the laws of the Village of Westhampton Beach.
[Added 3-13-1981 by L.L. No. 6-1981]
The certificate of occupancy provided for in §§ 70-26 and 70-27 is in addition to any which may be required under Chapter 197, Zoning.
[Added 7-11-1997 by L.L. No. 7-1997]
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 building permit shall have been completed and which may be occupied safely without endangering life or the public welfare. Said temporary certificate may be issued for up to a six-month period and may be renewed for up to one additional six-month period, within the sole discretion of the Building Inspector. A performance bond or other surety acceptable to the Village may be required as a condition of a temporary certificate of occupancy, in order to guarantee the performance of uncompleted work. The granting of a temporary certificate of occupancy shall not grant any rights as to permanent occupancy of the building or structure.
[1]
Editor's Note: Former § 70-29, Temporary certificate of occupancy, was repealed 12-13-1996 by L.L. No. 16-1996.
[Added 3-13-1987 by L.L. No. 4-1987]
A. 
Upon request or in the discharge of his duties, the Building Inspector may inspect any building, structure or premises and establish the existence of the use or uses present in cases where such use or uses predate the certificate of occupancy requirements of Chapter 197, Zoning, and this article.
B. 
The existence of such uses may be noted on plans as conforming to this article and shall be noted on a form approved or utilized by the Building Inspector. Such forms shall be known as a "preexisting use certificate."
C. 
Once issued by the Building Inspector, the preexisting use certificate shall entitle the use or uses noted thereon to the full rights and restrictions as any other use approved under this article, except as otherwise provided herein or in Chapter 197, Zoning.
D. 
Any violations of this article, Chapter 197, Zoning, or any other law, regulation, code or ordinance discovered during inspection under this section shall be subject to the provisions of § 70-33 of this article, § 197-83 of Chapter 197, Zoning, and/or the pertinent section of any other law, regulation, code or ordinance applicable.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.
[Added 11-8-1993 by L.L. No. 9-1993]
A. 
The fire zone of the Village of Westhampton Beach is hereby described as being and constituting the area that is now or may hereafter be contained in Business District 1, Business District 2, Business District 3 and Industrial District 1 as the same are set forth and described in the Village of Westhampton Beach Zoning Ordinance and Zoning Map, as the same now exists and/or may be changed from time to time,[2] or as the same may be defined in any subsequent Zoning Ordinance.
[2]
Editor's Note: See Ch. 197, Zoning. The Zoning Map is on file in the office of the Village Clerk.
B. 
The provisions of the New York State Uniform Fire Prevention and Building Code are hereby incorporated by reference for the purpose of imposing the construction requirements and standards of fire limits A as the same are described in said New York State Uniform Fire Prevention and Building Code.
C. 
The construction standards and requirements of fire limits A of the New York State Uniform Fire Prevention and Building Code shall apply to all new construction, expansion and renovation of any structure to be erected, expanded or renovated within the fire zone of the Village of Westhampton Beach as the same is described and delineated in Subsection A above.
D. 
This section shall not apply to one-family dwellings used solely and exclusively for residential purposes, and such dwellings shall be deemed to be outside said fire limits.
[1]
Editor's Note: Former § 70-32, Unsafe buildings and structures, was repealed 9-14-1990 by L.L. No. 22-1990. For current provisions, see Ch. 71, Buildings, Unsafe.
[Added 10-10-1995 by L.L. No. 9-1995]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CARBON MONOXIDE DETECTOR
A single-station carbon-monoxide-detecting device listed by Underwriters' Laboratories Inc. or other testing agency acceptable to the Village of Westhampton Beach in which the control, detection and audible alarm functions are contained in one unit which sounds the audible alarm upon detection of carbon monoxide. No device which is or has become incapable of operation, either because of opened or dead batteries or because of any other mechanical or electrical defect or failure, shall be deemed to constitute a "carbon monoxide detector" for the purposes hereof.
B. 
Installation requirements.
(1) 
One- or two-family dwellings. In any one- or two-family dwelling using a gas, wood or fuel oil heating system or appliances or which has an attached garage, there shall be installed at least one carbon monoxide detector adjacent to sleeping spaces on each floor level of the dwelling. In addition, wherever building additions are proposed or alterations to the interior of existing buildings which require permits are proposed to a one- or two-family dwelling, such devices shall be required to be directly connected to the lighting circuit of the dwelling unit or sleeping room, with no intervening wall switch, and to have a battery backup.
(2) 
Other occupied buildings. In any building other than a one- or two-family dwelling, which is devoted exclusively or partly to residential use and occupancy, using a gas, wood or fuel oil heating system or appliances or which has an attached garage, there shall be installed at least one carbon monoxide detector adjacent to sleeping spaces on each floor level within a dwelling unit and in each sleeping room in all other buildings. Further, there shall be installed at least one carbon monoxide detectors in all common interior halls, corridors or stairways on each floor which shall be wired to the building's electrical system. In the case of individual dwelling units in a multiple dwelling, wherever alterations to the interior of existing dwelling units are proposed which require permits, such devices shall be required to be directly connected to the lighting circuit of the dwelling unit or sleeping room, with no intervening wall switch, and to have a battery backup.
C. 
Additional regulations.
(1) 
Responsibility. The owner of any building or structure affected hereby shall install and maintain all carbon monoxide detectors required hereunder. In addition, where by lease or other agreement a party other than the owner shall have undertaken to maintain any such building, structure or dwelling unit, said party shall be responsible for the installation of all carbon monoxide detectors required hereunder which are not then present and the maintenance of all required smoke detectors, regardless of when and by whom they were installed.
(2) 
Time for compliance. Required carbon monoxide detectors shall be installed in all existing dwellings and buildings by January 1, 1997, and shall at all times thereafter be maintained as provided for herein. Carbon monoxide detectors shall be installed in all new construction and alterations and additions which have outstanding building permits as of the effective date of this section.
(3) 
Construction. The requirements of this section shall be in addition to any other similar provisions in the New York State Uniform Fire Prevention and Building Code, and no provision hereof shall be construed as relieving any part of any obligation imposed by such Uniform Code. In the case of a conflict between a provision of this section and a provision of any other law, code, ordinance or regulation, the more stringent requirement shall be deemed to apply.
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 article or to fail in any manner to comply with a notice, directive or order of the Building Inspector 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. 
For any and every violation of the provisions of this article, the owner or general agent of a building or premises where such violation has been omitted or shall exist and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist and any builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in any such violation shall be subject to a fine not exceeding $250 for each and every violation. Whenever such person has received written notice from the Building Inspector that such violation exists or is being committed, each day subsequent to the receipt of such notice that such violation continues shall constitute a separate and distinct violation of this article. Any violation of this article or any part thereof shall constitute a violation.
[Amended 9-26-1980 by L.L. No. 13-1980]
C. 
Any person who fails 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 the New York State Uniform Fire Prevention and Building Code or any order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punishable by a fine of not more than $500 or 30 days in jail, or both. Each day that a violation continues after receipt of written notice of the same shall he deemed a separate offense.
[Amended 4-8-1988 by L.L. No. 9-1988]
D. 
This section shall not apply to violations of the provisions of the New York State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of the State of New York 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.
[Amended 4-8-1988 by L.L. No. 9-1988]
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.