Village of Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 9-6-1983 by L.L. No. 10-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Boardinghouses and rooming houses — See Ch. 48.
Dangerous buildings and structures — See Ch. 51.
Electrical standards — See Ch. 60.
Fire prevention and protection — See Ch. 65.
Housing and property maintenance — See Ch. 78.
Plumbing — See Ch. 100.
Zoning — See Ch. 139.
[Amended 4-17-1984 by L.L. No. 6-1984]
By resolution adopted on April 17, 1984, the Board of Trustees of the Incorporated Village of Hempstead adopted the applicability of the New York State Uniform Fire Prevention and Building Code for the Village of Hempstead, which becomes effective in said Village of Hempstead on the first day of January 1984 in accordance with the provisions of § 374-a of the Executive Law, and the same shall hereafter constitute the Building Construction Administration Code.
Fire limits are hereby established to include all of the Incorporated Village of Hempstead, except that any buildings or structures used for single-family or two-family dwelling purposes and their accessory structures shall not be included within the fire limits.
As used in this chapter, the following terms shall have the meanings indicated:
ALTERATION
As applied to a building or structure: Any change or rearrangement in the structural parts or in the egress of any such building or structure, or any enlargement thereof, whether by extension on any sides or by any increase in height, or the moving of such building or structure from one location or position to another.
[Amended 4-18-2000 by L.L. No. 4-2000]
APPROVED
As applied to any material, device or mode of construction, approved by the Superintendent of the Building Department under the provisions of this code or by any other authority legally designated to give approval of the matter in question.
BASEMENT
That space of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BULKHEAD
Any structure above the roof of a structure, enclosing stairways, shafts, tanks, elevator machinery, ventilating apparatus and other accessories to the structure, except where otherwise specifically provided.[1]
CELLAR
A space having more than 1/2 of its height, measured from finished floor to finished ceiling, below the average established curb level or finished grade of the ground adjoining the building.
CHIMNEY
Chimneys, stacks or smoke flues intended for the purpose of removing the products of combustion from solid, gas or liquid fuel.
COMPLEX OR MULTIPLE DWELLINGS OR MULTIPLE RESIDENCES
Two or more multiple dwellings or multiple residences having common or related ownership and the property lines or buildings of which abut or are within 500 feet of each other.
[Added 7-9-1991 by L.L. No. 8-1991]
CONSTRUCTION
The construction, reconstruction, alteration, conversion, repair, installation of equipment, or use of buildings, and requirements and standards relating to or affecting materials used in connection therewith, including provisions for safety and sanitary conditions.
[Amended 4-18-2000 by L.L. No. 4-2000]
CURB LEVEL
For the purpose of measuring the height of any portion of a building, the level of the curb at the center of the front of the building; except that where a building faces on more than one street, the curb level is the average of the levels of the curbs at the center of each front. The term "curb level," when used in fixing the depth of an excavation, shall mean the legal curb level at the nearest point of that curb which is nearest to the point of the excavation in question. Where no curb has been established, a curb level shall be established by the agency empowered to fix "curb levels."
ELEVATOR
A hoisting and lowering mechanism equipped with a car or platform which moves in tracks or guides in a substantially vertical direction. The term elevator excludes dumbwaiters, hoists, endless belts, conveyors, chairs, buckets and similar devices used for the purpose of elevating and lowering materials.
FOOTING
A structural unit used to distribute loads to the bearing materials.
FOUNDATION WALL
Any wall or pier built below the curb level or the nearest tier or beams to the curb, which serves as a support for walls, piers, columns or other structural parts of a structure.
MEANS OF EGRESS
A continuous unobstructed way of exit from any point in a building or structure to a public way. A means of egress comprises the vertical and horizontal ways of travel and includes intervening room spaces, doorways, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts and yards.
[Added 4-18-2000 by L.L. No. 4-2000]
MULTIPLE DWELLING or MULTIPLE RESIDENCE
One of the following:
[Amended 7-9-1991 by L.L. No. 8-1991]
A. 
A building containing three or more dwelling units.
B. 
A building containing living, sanitary and sleeping facilities occupied by one or two families and more than two lodgers residing with either one of such families.
C. 
A building with one or more sleeping rooms other than a one- or two-family dwelling used or occupied by permanent or transient paying guests or tenants.
D. 
A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for a similar use.
E. 
A building used or occupied as a convalescent, old age or nursing home, but not including private or public hospitals or public institutions.
F. 
A community residence.
G. 
A building for senior citizens, intended primarily for persons 62 years old or more, who are in good physical condition and do not require physical assistance.
OCCUPIED
As applied to any structure, occupied or intended, designed or arranged to be occupied.
OCCUPIED SPACE
Any room or space in which any person normally lives, works or remains for any period of time.
OWNER
Includes the owner or owners of the freehold of the premises or lesser estate therein, a vendee in possession, a mortgagee or receiver in possession, an assignee of rents, a lessee or joint lessee of the whole thereof, an agent or any other person, firm or corporation directly in control of such building.
PARAPET WALL
That portion of a wall extending above the roof.
PERSONAL WIRELESS SERVICE FACILITY (PWSF)
Facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A PWSF is any unstaffed facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter and a mount. See Chapter 139, Zoning, Article XXV, Personal Wireless Service Facilities, for procedures for approving personal wireless service facilities.
[Added 12-7-2004 by L.L. No. 4-2004]
PERSONAL WIRELESS SERVICES
Any personal wireless service defined in the Federal Telecommunications Act which includes Federal Communications Commission (FCC) licensed commercial wireless communications services, including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR) and paging, as well as unlicensed wireless services and common carrier wireless exchange access services.
[Added 12-7-2004 by L.L. No. 4-2004]
PREMISES
Land, including improvements or appurtenances or any part thereof.
STRUCTURE
An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
SUPERINTENDENT
A natural person over the age of 21 years, who resides in the multiple residence or complex of multiple residences where he is employed, is responsible to take or cause to be taken the proper care, maintenance, repair and operation of the physical plant of said multiple residence or complex of multiple residences, including but not limited to the plumbing, heating, electrical and sanitary systems, appliances, fixtures, elevators, structure (both interior and exterior), grounds, walks, driveways and parking fields, and who, by his appointment as Superintendent, is designated as a person upon whom legal process may be served on behalf of the owner(s) of said multiple residence(s).
[Added 8-5-1986 by L.L. No. 5-1986; amended 7-9-1991 by L.L. No. 8-1991]
[1]
Editor's Note: Former definition of "carport," which immediately followed this definition, was repealed 12-4-1990 by L.L. No. 16-1990.
All matters concerning, affecting or relating to the construction, alteration, demolition or removal of buildings and structures erected or to be erected are presumptively provided for in this chapter, except insofar as such provisions are contained in the laws of the State of New York or the rules promulgated in accordance with the provisions of this chapter by the Superintendent of the Building Department.
This chapter is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof, which are: health, safety 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 be constructed, altered, repaired or removed nor shall the appurtenances of a building, structure or premises be constructed, installed, altered, repaired or removed except in conformity with the provisions of this chapter or the authorized written approval of the Superintendent of the Building Department.
Where any inconsistencies occur between the provisions of this chapter and any other provisions of this code, the more restrictive provisions shall prevail.
All provisions of this chapter shall apply with equal force to municipal and private buildings and structures, except as may be otherwise specifically provided by law.
All matters and questions relating to building or building operations necessary for safety and the public welfare but not covered or provided for in this chapter shall be decided by the Superintendent of the Building Department according to the best trade practices or recognized standards of competent authorities having jurisdiction or specializing in same, and the decision shall be binding as if contained in this chapter.
A. 
It shall be unlawful to excavate, construct or alter or to commence the excavation, construction or alteration of a building or structure without first obtaining a building permit therefor issued by the Superintendent of the Building Department. Repairs to buildings or structures may be made without filing an application or obtaining a building permit if no structural alteration is made and if the repairs are in accordance with the provisions of this chapter.
B. 
No building permit shall be issued until any demolition work required shall be fully completed pursuant to a demolition permit issued by the Superintendent of the Building Department.
C. 
No building permit shall be issued for any use in a commercial district until the application and plans are approved by the Planning Board. Such approval shall not be required when the applicant applies for and obtains a variance or special exception from the Zoning Board of Appeals.
[Added 10-16-1990 by L.L. No. 14-1990; amended 3-18-2008 by L.L. No. 6-2008]
D. 
No PWSF shall be constructed, modified, added to or changed in any physical or functional manner without a building permit describing such action. No building permit shall be issued absent a prior special use permit, as authorized by New York State Village Law, § 7-725-a.
[Added 12-7-2004 by L.L. No. 4-2004]
E. 
Collocation, the attachment of any PWSF or portion of a PWSF to a structure or facility already accommodating one or more PWSFs or the attachment of any device to a PWSF or structure accommodating a PWSF, shall require a building permit for each such occurrence.
[Added 12-7-2004 by L.L. No. 4-2004]
A. 
Any application for a building permit shall be typed or legibly written and contain such information as the Superintendent of the Building Department shall require.
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. 
An application for a building permit shall contain:
(1) 
A description of the land on which the proposed work is to be done.
(2) 
A statement of the use or occupancy of each part of the land and the proposed building or structure.
(3) 
The valuation of the proposed work.
(4) 
The full name and address of the owner and of the applicant.
(5) 
A brief description of the proposed work.
(6) 
A duplicate set of plans and specifications as set forth in Subsection D of this section.
(7) 
Such other information as may reasonably be required by the Superintendent of the Building Department to establish the compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
D. 
Any application for a building permit shall be accompanied by duplicate plans and specifications. The building plans shall be drawn to scale and shall show all necessary details of all structural, mechanical, electrical and plumbing work to be performed. Plans and specifications shall bear the signature of the person responsible for the design and drawings, and where required by the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer shall be affixed. The Superintendent of the Building Department may waive the requirement for filing plans and specifications for the construction of buildings or alterations of a minor character. Property surveys made by a licensed land surveyor or plot plans shall be provided in duplicate as required by the Superintendent of the Building Department. Surveys and plot plans shall be drawn to scale and shall show the location, size, shape and dimensions of the property, the setbacks from the property lines and the size of all existing and proposed buildings, additions and/or structures on the property and the front yard setbacks of all existing buildings within 200 feet on each side of the plot where average alignment governs setbacks.
E. 
Any amendments to the application or to the plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Superintendent of the Building Department prior to the commencement of such change of work.
F. 
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Article I and II of Chapter 9E shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 9E. The approved site plan shall be consistent with the provisions of Chapter 9E.
[Added 3-18-2008 by L.L. No. 5-2008]
A. 
The Superintendent of the Building Department 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 an application for a permit and upon receipt of the fees therefor, the Superintendent of the Building Department shall affix his signature or cause his signature to be affixed thereto and issue the permit.
C. 
Upon approval of an application for a building permit, 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 building permit. The permit and plans shall thereupon be kept at the building site, open to inspection by the Building Department and other appropriate governmental agencies until completion of work.
D. 
If an application for a building permit, or the plans, specifications and other documents filed therewith, describes work which does not fully conform to each of the applicable code requirements, the Superintendent of the Building Department shall disapprove the application, and all items submitted shall become part of the public record. Upon request of the applicant, the Superintendent of the Building Department shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
E. 
Nothing in this section shall be construed to prevent the Superintendent of the Building Department from issuing a permit for the construction of part of a building or structure when plans and specifications for said work have been submitted and approved, provided that the information required by § 50-11 of this chapter has been filed. Any construction work carried out pursuant to this section shall be performed at the risk of the applicant.
A. 
A building permit shall be considered authorization to commence work in accordance with the approved application. Unless earlier commencement and completion dates are set forth in a decision of the Board of Zoning Appeals, work shall commence within 90 days of the date of issuance of the permit and shall be completed within one year of the issuance of said permit or else the project shall be deemed abandoned.
[Amended 11-19-1991 by L.L. No. 19-1991]
B. 
Whenever a project has been deemed abandoned, it shall be unlawful to continue work thereon. However, if a written request is filed outlining the reasons necessitating an extension of time, the Superintendent of the Building Department may, for good cause, allow reasonable extensions of time to complete the project, which extension or extensions shall be evidenced by a supplementary permit or permits. Upon the granting of a supplementary permit or permits the applicant will tender payment of a fee equal to 50% of the original fee, but not less than $150, if:
[Amended 11-19-1991 by L.L. No. 19-1991; 7-7-2009 by L.L. No. 3-2009]
(1) 
All work has been completed in accordance with the original building permit filing.
(2) 
All work performed complies with all building and zoning codes in effect at the time of the original building permits.
C. 
No supplementary permit shall be issued for a period greater than 180 days, and in no event shall the completion period be extended beyond two years from the date of issuance of the original building permit.
D. 
The location of a new building or structure or an extension of an existing building or structure shown on an approved plot plan or an approved amendment thereof shall be strictly adhered to.
E. 
Notice in writing shall be given to the Superintendent of the Building Department at least 24 hours before the commencement of any work pursuant to a building permit.
A. 
No building or alteration which is to have a total floor area in excess of 10,000 square feet shall be constructed except under the supervision of a professional engineer or architect licensed or registered in the State of New York.
B. 
No permit will be issued for the construction or alteration of a building which is to have a total floor area in excess of 10,000 square feet until an affidavit is filed with the Building Department certifying that the construction of such building will be supervised by a professional engineer or architect licensed or registered in the State of New York. The affidavit shall be signed and sworn to by the engineer or architect who will supervise the construction or alteration of such building and shall have his professional seal affixed. In the event that such engineer or architect shall, for any reason, discontinue his supervision of the construction of the building at any time prior to the completion, the permittee shall immediately notify the Building Department of such fact in writing, and thereupon the building permit issued for such construction shall be suspended, and no further work shall be done thereunder until another such affidavit shall be filed with the Building Department certifying that supervision of the construction has been resumed by another or the same engineer or architect.
C. 
No certificate of occupancy will be issued for a building having a total floor area in excess of 10,000 square feet until a final certificate is filed with the Building Department by the engineer or architect who supervised the construction or alteration that the building was in fact erected in conformity with the plans therefor filed with the Building Department.
In the event of the abandonment of any building project, it shall be the duty of the holder of the permit or the owner of the premises, his agent or duly authorized representative to backfill any open excavation up to the street or ground level. Should the construction of the building or structure have proceeded beyond the cellar excavation, any incomplete structure or opening shall be completely boarded up so as to prevent access to the building or structure, in order to limit and prevent danger to persons or property and possible fire hazards.
The Superintendent of the Building Department shall have authority to revoke permits 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 building 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; or
D. 
Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Superintendent of the Building Department.
Whenever the Superintendent of the Building Department has reasonable grounds to believe that work on or in any building or structure is being prosecuted in violation of the provisions of any applicable law, ordinance or regulation, or not in conformity with the provisions of the application, plans or specifications on the basis of which the 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 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 same by registered or certified mail. A stop order may be rescinded only by notice in writing given by the Superintendent of the Building Department or his designee.
[Amended 10-1-1991 by L.L. No. 17-1991]
A. 
No building, structure or premises hereafter erected, enlarged, extended or altered shall be occupied or used, in whole or in part, until a certificate of occupancy, certifying that the building, structure or premises conforms to the approved plans and the requirements of this chapter and stating the purpose for which the building, structure or premises may be used in its several parts, and any special stipulations, shall have been issued by the Superintendent of the Building Department and signed by him or his authorized designee.
B. 
In those instances where an alteration is performed under a permit, the Superintendent of the Building Department shall determine whether the work is so extensive that a certificate of occupancy shall be required or whether a certificate of approval of alteration shall suffice. The Superintendent of the Building Department shall issue such certificate only if it is found that the proposed work has been completed substantially in accordance with the permit and the laws applicable thereto. The certificate shall also indicate the use or uses to which the structure or installation may thereafter be put.
C. 
Prior to issuance of a certificate of occupancy or certificate of approval of alteration, all concrete curbs, gutters and sidewalks shall be installed, and, where necessary, curb cuts and driveway aprons shall also be installed. One-family residences shall have a paved driveway from the front sidewalk to the rear line of the residence building or into an attached garage.
D. 
Certificates of completion.
[Added 4-18-2000 by L.L. No. 4-2000]
(1) 
Change of use. Any construction or demolition that results in a change in the floor plan or use of an existing structure, in whole or in part, or any change in the actual use of an existing structure whether accompanied by any alteration, construction or demolition shall require a certificate of completion issued by the Building Department.
(2) 
Change of use fees.
(a) 
All fees for a certificate of completion from the Building Department shall accompany each application and be paid to the Village Clerk.
(b) 
The fees to be charged and required under the provisions of this section shall be determined from time to time by resolution of the Board of Trustees.
[Amended 10-2-2007 by L.L. No. 10-2007]
(c) 
If the construction, installation, demolition or other activity or item of work requiring a permit has been substantially completed prior to the filing of a completed application for a permit, the applicable fees may be doubled at the discretion of the Building Inspector.
[Added 10-2-2007 by L.L. No. 10-2007]
[Added 10-2-2007 by L.L. No. 10-2007]
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with § 50-10 and § 50-18 shall be guilty of a violation and shall be subject to the penalties as prescribed in § 1-16 of this Code.
[1]
Editor's Note: Former § 50-19, Certificate of approval of alteration, was repealed 10-1-1991 by L.L. No. 17-1991. See now § 50-18, Certificates of occupancy and approval of alteration; certificates of completion; fees.
A. 
Before issuing a certificate of occupancy or a certificate of approval of alteration, the Superintendent of the Building Department shall inspect or cause to be inspected all buildings, structures, sites and work for which such application has been filed. Such inspections may be conducted within the discretion of the Superintendent of the Building Department prior to the commencement of the work, during the course of the work and upon completion of the work.
B. 
There shall be maintained in the Building Department a record of all such inspections, together with a record of any findings of violations.
A. 
A certificate of occupancy or a certificate of approval of alteration shall be issued within a reasonable time after application therefor is made after completion of the work.
B. 
A final survey shall be submitted along with the application for a certificate of occupancy, and when required by the Superintendent of the Building Department to be submitted along with the application for a certificate of approval of alteration.
Upon request, the Superintendent of the Building Department may issue a temporary certificate of occupancy or temporary certificate of approval of alteration for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life, health or the public welfare. A temporary certificate may be issued for a period not exceeding three months from its date of issuance and shall be void thereafter, except that for good cause the Superintendent of the Building Department may allow a maximum of two extensions for periods not exceeding three months each.
Prior to a change in the type of occupancy of any premises, it shall be the duty of the owner of such premises to notify in writing the Superintendent of the Building Department of such proposed change. The Superintendent of the Building Department shall then cause an investigation to be made to determine conformity with the existing certificate of occupancy and applicable building and zoning laws.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of any applicable law or Building Department regulation, the Superintendent of the Building Department may require the same to be subjected to a test or tests by an agency or agencies designated by him at the applicant's cost.
A. 
Application and permit. It shall be unlawful to demolish or commence the demolition of any building or structure without first obtaining a demolition permit issued by the Superintendent of the Building Department. An application for a demolition permit shall be completed in writing by the applicant on appropriate forms furnished by the Building Department indicating a description of the work to be done, and the name(s), address(es) and signature(s) of the property owner(s) and person(s) performing the demolition. The application shall be accompanied by proof of worker's compensation insurance, public liability insurance in the minimum amount of $500,000/$1,000,000 and property damage insurance in the minimum amount of $100,000, and any other such information as may be required by the Superintendent of the Building Department.
B. 
Disconnection of public utilities. No demolition permit shall be issued until existing public utility services have been disconnected. Sewer service shall be cut off and sealed at the street main, and water service shall be cut off at the street main or such other location at the discretion of the Superintendent of Public Works.
C. 
Foundation removal and cellar drainage.
[Amended 9-2-1998 by L.L. No. 5-1998]
(1) 
All foundation walls, floors, slabs, footings and appurtenances shall be completely removed from the demolition site.
(2) 
Any and all asbestos abatement shall be completed prior to demolition.
(3) 
The excavation site of a one- or two-family residential dwelling that has been demolished shall be backfilled with 100% bank run, compacted to a minimum of 95%.
(4) 
The excavation of a demolished commercial site shall be backfilled with a minimum of 65% bank run, plus a blend of 35% inert material free of asphalt, clay, brick, rock, silt, gravel, debris, waste, frozen materials, vegetable and other deleterious matter.
(5) 
The mixture of the inert material shall be a cohesionless soil with less than 10% passing a No. 60 sieve, all to be well graded, and free draining to prevent any standing water. No aggregate shall be greater than a 1 1/2 inches in diameter.
(6) 
The compaction density of the fill material shall be a minimum of 95% where no structure is required.
(7) 
The excavation of any building or structure which is at least three stories in height, other than a one- or two-family dwelling, shall not be backfilled unless and until:
(a) 
The excavation and fill material shall have been inspected by a representative of the Village of Hempstead Building Department who shall determine that the foundation walls, footings, concrete floor and all other debris have been removed from the excavation area.
(b) 
A professional engineer duly licensed by the State of New York and retained at the expense of the applicant for the demolition permit or the owner of the property shall certify in writing to the Superintendent of the Village Building Department, which certificate shall be signed by said engineer and duly sealed, confirming that the backfill material meets the requirements of this Code.
(8) 
Upon completion of backfilling, a professional engineer duly licensed by the State of New York and retained at the expense of the applicant for the demolition permit or the owner of the property shall certify in writing to the Superintendent of the Village Building Department, which certificate shall be signed by said engineer and duly sealed, that the compaction of the backfill meets the requirements of the Code.
D. 
Safeguards during demolition. During the performance of demolition work, all applicable safeguards shall be observed as prescribed in the New York State Industrial Code Rule No. 23. Prior to starting work on any building or structure to be demolished that abuts a public walkway or street, the permittee shall cause to be erected an approved sidewalk shed to safeguard pedestrian traffic; such shed shall have a roof to withstand falling debris, the shed shall be illuminated at all times and removed upon the completion of the demolition project.
[Amended 9-2-1998 by L.L. No. 5-1998]
A. 
Origin and source of authority. This section is enacted pursuant to the terms and provisions of § 124 of the General Municipal Law of the State of New York, relating to the inspection of building elevators in Nassau County.
B. 
Responsibility of owners or agents of buildings and structures housing elevators.
(1) 
It shall be the duty and responsibility of the owner or agent of a building or structure which has passenger or freight elevator(s) therein contained to register with the Superintendent of the Building Department and provide him with a complete written inspection report, which shall be obtained from a recognized elevator repair or installation company, an insurance company or a licensed professional engineer.
(2) 
Inspections and reports shall be made twice during each calendar year. Each owner, agent or occupant shall file such reports with the Superintendent of the Building Department on or before June 1 and December 1 of each calendar year. The failure to timely file such reports shall constitute a violation.
[Amended 5-6-2014 by L.L. No. 3-2014]
C. 
Elevator inspection reports. Each inspection report relating to passenger or freight elevators shall indicate whether or not the elevator is in proper working condition and complies with the regulations and standards applicable to elevators as prescribed in the New York State Construction Code and generally accepted trade standards.
D. 
Required mirrors. A passenger elevator car shall be equipped with a mirror in the rear of same in order to make the interior thereof visible prior to a person's entry into the elevator car. Said mirror shall be convex and no less than eight inches in diameter.
E. 
Emergency requirements. Each elevator shall be equipped with an approved-type emergency lighting system, alarm bell and emergency escape hatch.
F. 
Certificate of compliance.
(1) 
After any elevator has been inspected and is found to conform to the requirements of this chapter, a record shall be made on a card provided by the Building Department and thereafter posted in the elevator car which has been inspected and approved. It shall be unlawful to remove or deface said card.
(2) 
If any elevator fails to meet the requirements for the safe operation thereof, or any required inspection report is not timely filed, the Superintendent of the Building Department shall issue an order that further operation of said elevator shall be suspended, and such elevator shall be removed from service until such time as the reason for such suspension shall have been corrected and the certificate of compliance described in Subsection F(1) above has been issued.
G. 
Fees. The fee for each certificate of compliance issued after receipt of a proper inspection report shall be determined from time to time by resolution of the Board of Trustees.[1]
[Amended 10-2-2007 by L.L. No. 10-2007]
[1]
Editor's Note: Former Subsection H, Penalties, as amended, which immediately followed this subsection, was repealed 4-6-2010 by L.L. No. 2-2010.
[Amended 4-6-1993 by L.L. No. 2-1993; 5-16-1995 by L.L. No. 3-1995; 10-2-2007 by L.L. No. 10-2007]
A. 
The permit fee for the construction of a new building or structure or for the alteration of an existing building or structure shall be determined from time to time by resolution of the Board of Trustees.
B. 
Permit fees for demolition shall be determined from time to time by resolution of the Board of Trustees.
[Amended 7-7-2009 by L.L. No. 3-2009]
(1) 
If the demolition is a necessary part of an alteration for which an alteration permit has been issued, no fee shall be required for such demolition.
C. 
Certificates of occupancy. The fees to be charged and required under the provisions of this section shall be determined from time to time by resolution of the Board of Trustees.
D. 
After a permit has been issued, no fee paid pursuant to this chapter shall be refunded for any reason.
E. 
If the construction, installation, demolition or other activity or item of work requiring a permit has been substantially completed prior to the filing of a completed application for a permit, the applicable fees may be doubled at the discretion of the Building Inspector.
A. 
Temporary structures.
(1) 
Definition. "Temporary structure" shall be taken to mean platforms, reviewing stands, tents and other erected to serve their purpose for a limited time.
(2) 
Permit requirement. The erection of any temporary structure is forbidden until a permit, specifying the purpose and the time limit for such use, shall have been obtained from the Superintendent of the Building Department after approval by resolution of the Board of Trustees.
(3) 
Removal. Every temporary structure shall be removed immediately upon the expiration of the period for which the permit was issued.
(4) 
Unlawful use. It shall be unlawful to use any temporary structure for any purpose other than that designated in the permit.
(5) 
Miscellaneous use. Miscellaneous temporary structures of an unusual character to which the provisions of this chapter do not directly apply, including but not limited to structures for fair and exhibition purposes, towers for observance, amusement devices, greenhouses and lumber sheds, shall be erected in accordance with plans approved by the Superintendent of the Building Department and in accordance with a permit issued pursuant to Subsection A(2) above.
B. 
Superintendent.
[Amended 8-5-1986 by L.L. No. 5-1986]
(1) 
Whenever a multiple residence or complex of multiple residences having common or related ownership contains more than 12 dwelling units and not more than 50 dwelling units, the owner thereof shall provide a Superintendent for the same, who shall have the qualifications and perform the duties as specified in the definition of "Superintendent" in § 50-3; except that as to any multiple residence or complex of multiple residences owned by the Village of Hempstead Housing Authority, the Superintendent need not reside upon the premises where he is employed.
[Amended 7-9-1991 by L.L. No. 8-1991; 10-20-1992 by L.L. No. 14-1992]
(2) 
Whenever a multiple residence or complex of multiple residences having common or related ownership contains more than 50 dwelling units, the owner thereof shall provide one additional full-time employee to assist the Superintendent for each additional 100 dwelling units or major fraction thereof. Such additional employee(s) need not, however, reside upon the premises where so employed.
[Amended 7-9-1991 by L.L. No. 8-1991]
(3) 
The owner of any multiple residence shall file with the Building Department a statement in duplicate, setting forth the name, address (apartment number, if applicable) and telephone number of the superintendent, janitor, housekeeper or other person responsible for the maintenance and operation of the multiple residence. Notice of any change of superintendent, janitor, housekeeper or other person having responsibility for the maintenance and operation of the multiple residence shall be filed with the Building Department within 10 days of such change.
(4) 
Information.
[Added 1-16-1990 by L.L. No. 2-1990; amended 5-10-1992 by L.L. No. 3-1992; 1-4-1994 by L.L. No. 1-1994; 6-17-1997 by L.L. No. 4-1997]
(a) 
Every owner of a multiple residence shall file with the Tenant Coordinator on or before the first day of March of each year a statement containing the following information with respect to such multiple residence:
[1] 
The address of the multiple residence and the number of apartment units, professional units and floors in such multiple residence;
[2] 
The name of the owner and a statement as to whether the owner is an individual or individuals, partnership or corporation;
[3] 
As to each such owner, and, if a partnership, as to each such partner, and, if a corporation, as to each director and officer, his business address, home address, business telephone number and home telephone number;
[4] 
The name, address, apartment number and telephone number of the operating agent and superintendent and any other responsible representative of the owner who may be reached in the event of an emergency.
(b) 
In the event that there is a change as to any of the above, the owner shall notify the Tenant Coordinator of such change within 30 days of such change.
(5) 
The name, address (including apartment number) and telephone number of the Superintendent shall be conspicuously posted in any multiple residence wherein a Superintendent is required.
[Added 7-9-1991 by L.L. No. 8-1991]
(6) 
If an owner of housing accommodations has heretofore either certified or was required to certify to the State Division of Housing and Community Renewal, pursuant to the provisions of the Emergency Tenant Protection Act of 1974,[1] that any Superintendent has been provided for a multiple residence, then such services shall be continued, and the Superintendent shall have the qualifications and perform the services as defined in this chapter.
[Added 7-9-1991 by L.L. No. 8-1991]
[1]
Editor's Note: See Unconsolidated Laws § 8621 et seq.
(7) 
Penalties.
[Added 7-9-1991 by L.L. No. 8-1991; amended 2-19-2008 by L.L. No. 2-2008]
(a) 
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with this § 50-28B shall be guilty of a violation and shall be subject to punishment as prescribed in § 1-16 of this Code.
(b) 
Each day that any violation of the provisions of this section continues shall constitute a separate offense.
C. 
Window guards. Any tenant of a multiple residence more than one story in height with a child 10 years of age or younger may request the owner of such multiple residence to install window guards. The owner shall, within 30 days of receipt of written request from the tenant, install window guards for a maximum one-time charge to the tenant of $10 per window guard. The tenant shall also submit a copy of the written request for window guards to the Village of Hempstead Building Department.
[Added 12-16-1986 by L.L. No. 11-1986]
D. 
Security gates on premises located within any district.
[Added 7-11-1989 by L.L. No. 6-1989; amended 6-4-1991 by L.L. No. 6-1991]
(1) 
Legislative intent. The Village Board of the Incorporated Village of Hempstead hereby declares and finds it to be in the public interest to provide for the regulation of the installation and maintenance of certain security devices within the Incorporated Village of Hempstead.
(2) 
Definition. As used in this section, "security gate" shall be defined as follows:
SECURITY GATE
A screen open mesh, grill or other see-through type of barrier which does not prevent the viewing of all or a substantial part of the interior of the premises from the exterior thereof and which is located behind a door, window or other opening into any premises facing or fronting upon a public road or highway and which is used for the purposes of securing any premises by preventing, blocking or impeding access or passage into the interior of said premises.
(3) 
Restrictions.
(a) 
No gate, barrier, screen, cover or similar device used for the purpose of securing any premises by preventing, blocking or impeding access or passage into the interior of said premises shall be erected or maintained in front of or behind any door, window or other opening into any premises, or within any such opening, facing or fronting on a public road or highway unless the entire installation, except for incidental supports, constitutes a security gate, as defined in Subsection D(2) hereinabove.
(b) 
When any security gate is not in use, it shall be removed or stored in such a manner so as not to be visible from the exterior of the premises.
(4) 
Compliance.
(a) 
Existing devices. Any existing gate, barrier, screen, cover or similar device used for the purpose of securing any premises by preventing, blocking or impeding access or passage into the interior of said premises, which was in existence prior to the date of the adoption of this section and which does not constitute a security gate as defined in Subsection D(2) hereinabove, shall be made to comply with the provisions hereof or removed by the owner or other occupant of the premises wherein the same is located within one year from the date of the adoption of this section. This one-year period is allowed for the specific purpose of permitting the amortization of the remaining cost, if any, of such device(s).
[Amended 8-1-1995 by L.L. No. 7-1995]
(b) 
Exceptions from compliance. Notwithstanding anything set forth in this section, temporary gates, barriers, screens, covers or similar devices may be installed and maintained as may be permitted within the discretion of the Superintendent of the Building Department.
(5) 
Permits.
(a) 
It shall be unlawful for any person to commence work on the erection, installation or alteration of a security gate until a permit has been duly issued by the Building Department.
(b) 
The Building Department shall require that the application for a permit shall be accompanied by a set of plans indicating the proposed location and dimensions of said security gate and a description of the type of security gate.
(c) 
No permit shall be issued until the Superintendent of the Building Department has examined and approved, in writing, the proposed security gate as complying with all the provisions of this section.
(d) 
Permits shall expire 12 months following the date of issuance if no substantial work is commenced and may be renewed upon written application to the Building Department.
(6) 
Fees. The permit fee for the erection, installation or alteration of a security gate shall be determined from time to time by resolution of the Board of Trustees.
[Amended 5-16-1995 by L.L. No. 3-1995; 10-2-2007 by L.L. No. 10-2007]
(7) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(7), Penalties for offenses, was repealed 9-17-1991 by L.L. No. 13-1991.
(8) 
Enforcing officer. It shall be the duty of the Superintendent of the Building Department to enforce the provisions of this section.