[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:
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]
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.
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.
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]
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.
Chimneys, stacks or smoke flues intended for the purpose
of removing the products of combustion from solid, gas or liquid fuel.
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]
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]
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."
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.
A structural unit used to distribute loads to the bearing
materials.
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.
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]
One of the following:
[Amended 7-9-1991 by L.L. No. 8-1991]
A building containing three or more dwelling
units.
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.
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.
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.
A building used or occupied as a convalescent,
old age or nursing home, but not including private or public hospitals
or public institutions.
A community residence.
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.
As applied to any structure, occupied or intended, designed
or arranged to be occupied.
Any room or space in which any person normally lives, works
or remains for any period of time.
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.
That portion of a wall extending above the roof.
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]
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]
Land, including improvements or appurtenances or any part
thereof.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
An application for a building permit shall contain:
(1)Â
A description of the land on which the proposed work
is to be done.
(2)Â
A statement of the use or occupancy of each part of
the land and the proposed building or structure.
(3)Â
The valuation of the proposed work.
(4)Â
The full name and address of the owner and of the
applicant.
(5)Â
A brief description of the proposed work.
(7)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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]
C.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Where he finds that the permit was issued in error
and should not have been issued in accordance with the applicable
law;
C.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Certificates of completion.
[Added 4-18-2000 by L.L. No. 4-2000]
(1)Â
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)Â
Change of use fees.
(a)Â
All fees for a certificate of completion from
the Building Department shall accompany each application and be paid
to the Village Clerk.
(b)Â
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)Â
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]
A.Â
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.Â
There shall be maintained in the Building Department
a record of all such inspections, together with a record of any findings
of violations.
A.Â
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.Â
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.Â
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.Â
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.Â
Foundation removal and cellar drainage.
[Amended 9-2-1998 by L.L. No. 5-1998]
(1)Â
All foundation walls, floors, slabs, footings and
appurtenances shall be completely removed from the demolition site.
(2)Â
Any and all asbestos abatement shall be completed
prior to demolition.
(3)Â
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)Â
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)Â
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 1Â 1/2 inches in diameter.
(6)Â
The compaction density of the fill material shall
be a minimum of 95% where no structure is required.
(7)Â
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)Â
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)Â
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)Â
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.Â
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.Â
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.Â
Responsibility of owners or agents of buildings and
structures housing elevators.
(1)Â
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)Â
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.Â
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.Â
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.Â
Emergency requirements. Each elevator shall be equipped
with an approved-type emergency lighting system, alarm bell and emergency
escape hatch.
F.Â
Certificate of compliance.
(1)Â
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)Â
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.Â
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.Â
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.Â
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)Â
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.Â
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.Â
After a permit has been issued, no fee paid pursuant
to this chapter shall be refunded for any reason.
E.Â
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.Â
Temporary structures.
(1)Â
Definition. "Temporary structure" shall be taken to
mean platforms, reviewing stands, tents and other erected to serve
their purpose for a limited time.
(2)Â
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)Â
Removal. Every temporary structure shall be removed
immediately upon the expiration of the period for which the permit
was issued.
(4)Â
Unlawful use. It shall be unlawful to use any temporary
structure for any purpose other than that designated in the permit.
(5)Â
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.Â
Superintendent.
[Amended 8-5-1986 by L.L. No. 5-1986]
(1)Â
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)Â
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)Â
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)Â
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)Â
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]Â
The address of the multiple residence and the
number of apartment units, professional units and floors in such multiple
residence;
[2]Â
The name of the owner and a statement as to
whether the owner is an individual or individuals, partnership or
corporation;
[3]Â
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]Â
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)Â
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)Â
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)Â
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.
C.Â
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.Â
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)Â
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)Â
SECURITY GATE
Definition. As used in this section, "security gate"
shall be defined as follows:
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)Â
Restrictions.
(a)Â
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)Â
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)Â
Compliance.
(a)Â
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)Â
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)Â
Permits.
(a)Â
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)Â
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)Â
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)Â
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)Â
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]
(8)Â
Enforcing officer. It shall be the duty of the Superintendent
of the Building Department to enforce the provisions of this section.
