[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.
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.
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]
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.
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.
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.
[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.