Town of Islip, NY Administration; Permits and Fees; Standards and Requirements

Editor’s Note: Former § 68-22, Building Director; appointment, was repealed 12-17-2019.

§ 68-23 Permit required; exceptions; application.

It shall be unlawful to construct, alter, remove or demolish or to allow, commence or maintain the alteration, removal or demolition of a building or structure, or any part thereof, without first filing with the Building Division an application in writing and obtaining a formal written permit.

[Amended 5-4-2004]

It shall be unlawful for any entity or individual to construct, alter, remove, or demolish or to allow, commence or maintain the alteration, removal or demolition of a building or structure, or any part thereof, on behalf of the property owner, without first obtaining a copy of the formal written permit issued by the Building Division from either the Building Division or the property owner. This permit is to be displayed on site at all times work is being performed.

[Added 12-15-2009[1]]

Any person found to have violated § 68-23B shall be guilty of a violation, which shall be punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both; and each day’s continued violation shall constitute a separate additional violation.

Editor’s Note: This ordinance also redesignated former Subsections B through I as Subsections C through J, respectively.

Exceptions. A permit shall not be required for the following:

Repair to buildings or structures, provided that no structural alteration shall be made and that such repairs shall comply with all other federal, state, county and Town laws, rules and regulations.

A storage shed, not exceeding 144 square feet, located on the same plot as a one- or two-family dwelling, provided that such storage shed shall comply with the structural provisions of the New York State Building Code and shall comply with all other Town laws, rules and regulations. This exception shall not apply in any district on Fire Island or in any lands in the Fire Island National Seashore. This exception shall apply to only one shed; any additional sheds shall require permits.

[Amended 6-19-2012; 2-28-2017]

A roofless deck located on the same plot as a one- or two-family dwelling, provided that such deck shall not be more than eighteen inches above the adjacent grade level, shall not violate the front, side, or rear yard requirements of the main structure and shall comply with all other Town laws, rules and regulations. All decks above 18 inches will require a permit from the Building Department. This exception shall not apply in any district on Fire Island or in any lands in the Fire Island National Seashore.

[Amended 4-5-2005]

A doghouse located on the same lot as a one- or two-family dwelling, provided that such doghouse shall not violate the front, side or rear yard requirements of the main structure and shall comply with all other Town laws, rules and regulations.

Form.

An application for a permit shall be submitted in such form as the Commissioner of Planning or the Commissioner's designee may prescribe.

[Amended 12-17-2019]

Such application shall be made by the owner.

Plans. Applications for permits shall be accompanied by such drawings of the proposed work, drawn to scale, including floor plans, elevations, structural details and plot diagrams, as the Commissioner of Planning or the Commissioner's designee may require. The Commissioner, or the Commissioner's designee, may establish the appropriate level of plan preparation and review for each application type in accordance with the New York State Building Code and § 68-24A of this article.

[Amended 4-5-2005; 12-17-2019]

Federal Aviation Administration approval. All applications for permits shall comply with all rules and regulations of the Federal Aviation Administration (FAA).

Amendments. Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other drawing of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.

Completion of existing buildings. Nothing in this ordinance shall require changes in the plans, construction or designated use of a building, the construction of which shall have been actually begun within 30 days after this ordinance becomes effective and which shall be completed within one year thereafter.

Demolition of existing buildings. A permit must be secured for the demolition of a building. The work of demolition must be completed within four months after the permit is issued. All debris shall be cleaned up and all excavation filled to within one foot of grade.

Permit for moving building; bond. A bond may be required by the Commissioner of Planning or the Commissioner's designee to indemnify the Town for damage caused by the moving of a building or structure. If such a bond is requested, no permit to remove a building or structure shall be granted until the bond is filed with the Town of Islip.

[Amended 12-17-2019]

§ 68-24 Permits.

[Amended 8-12-2003; 5-28-2008; 12-13-2011; 4-7-2015; 9-24-2019]

Action on application. Permit applications may be approved if, after examination, it appears that the proposed work will be in compliance with the provisions of this chapter and other laws applicable thereto and that the proposed construction or work will be safe; the application will be approved and a permit issued. If the examination reveals otherwise, the application will be returned as rejected and the findings noted in a report attached to the application.

Approval in part. Nothing in this section shall be construed to prevent the Building Inspector from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with this chapter.

Signature and conditions of permit. All work performed under a permit issued and signed by the Commissioner of Planning, or the Commissioner's authorized designee, shall conform to the approved application and plans and approved amendments thereof.

[Amended 12-17-2019]

Expiration and renewal of permits. A permit shall expire one year after the date issued. Upon payment of renewal fee, a permit may be renewed, but not more than three renewals may be granted, except in cases of financial hardship, illness, or death. In this instance the Commissioner or his/her designee may authorize additional renewals. Exception: There shall be no renewals granted for pool permits or second-story decks.

[Amended 3-14-2023]

Revocation.

[Amended 12-17-2019]

The Commissioner of Planning or the Commissioner's designee may revoke a permit or approval issued under the provisions of this chapter for:

Any false statement or misrepresentation as to material fact in the application or plans on which the permit or approval was based;

Return of a check or draft for a permit fee for any reason; or

Failure to commence construction within eight months from the date the permit was issued.

Failure to comply with the terms and conditions of the permit.

Such revocation shall take place after notice to the applicant and an opportunity for the applicant to be heard by the Commissioner of Planning or the Commissioner's designee.

Posting of permit.

A copy of the permit shall be kept on the premises, open to public inspection during the prosecution of the work and until the completion of the same.

The Commissioner of Planning or the Commissioner's designee may require a certified copy of the approved plans to be kept on the premises at all times until completion of the work.

[Amended 12-17-2019]

New York State Unified Solar Permit (NYSERDA).

Intent. The Town Board of the Town of Islip hereby declares its participation in the New York State Unified Solar Permit program. Due to the benefits offered by renewable energy systems, including residential solar energy systems, and the associated increase in consumer demand and requests for building permits for same, the permitting process for such solar energy systems shall be standardized and streamlined as indicated herein.

Streamlined application process applies to solar energy system installations of 25kW in size or smaller. For qualified installations:

The permit application fee will be determined by the Commissioner of Planning and Development.

The Building Division shall provide permit determinations within 14 days of submittal of a completed application.

Applicants may utilize the Town of Islip's New York State Unified Solar Permit application, from the Building Division or the Town's website.

The New York State Unified Solar Permit submittal requirements. available from the Building Division or the Town's website, lists the documentation requited for all Unified Solar Permit applications.

Assistance to first responders. The Town shall maintain a list by address of all solar energy installations that shall be shared with relevant first responder organizations. The Town shall also require applicants to install a sign on or near the utility meter and at any alternating current (AC) disconnect switch indicating that there is an operating solar electric cogeneration system on site.

Certification/Inspection. The operation of any solar energy system shall not commence until a final inspection is made by the Building Division or received from a third-party inspector and a certification is issued by the Building Division. The New York State Unified Solar Permit Field Inspection Checklist, located in the Building Division or on the Town's website, provides an overview of common points of inspection.

The Building Division may elect to make such inspections and certifications by any Town employee trained and authorized to issue such inspections and certifications. Said employees shall have obtained suitable credentials from any or a combination of the following agencies or organizations:

Interstate Renewable Energy Council.

Institute for Sustainable Power Quality.

[3]

National Renewable Energy Laboratory.

[4]

Any additional training agency which provides a comparable educational scope at the direction of the Commissioner of Planning.

The Building Division may also certify a solar energy system, in part, by virtue of an Underwriters Laboratory certificate or by authority conferred upon Town employees by the New York State Department of State Educational Program (Division of Code Enforcement and Administration) or by professional engineer (PE) or registered architect (RA) licensed to practice in New York State.

The Building Division may accept independent certifications from third-party vendors, including but not limited to The Interstate Renewable Energy Council, Institute for Sustainable Power Quality, National Renewable Energy Laboratory, or any additional agency or organization which provides a comparable certifying scope at the direction of the Commissioner of Planning.

§ 68-25 Certificate of occupancy; certificate of compliance.

Change of occupancy - Land. No occupancy or use shall be made of land that is not consistent with the last-issued certificate of occupancy for such use of land unless a permit is secured.

Change of occupancy - building.

[Amended 4-5-2005; 5-21-2013; 4-5-2022 by L.L. No. 2-2022]

It shall be unlawful to change the occupancy or use of a building or to allow, commence or maintain the change of occupancy or use of a building if such occupancy or use is not consistent with the last issued certificate of occupancy for such building. No change of occupancy or use of a building shall be made unless a permit for such occupancy or use is secured and the Commissioner, or their designee, upon inspection, finds that such building conforms substantially to all the provisions of this ordinance with respect to the proposed new occupancy and use, and issues a certificate of occupancy therefor.

The reestablishment of a prior occupancy or use is prohibited if such occupancy or use is no longer permitted in a new building of the same type.

Certificate of compliance.

A certificate of compliance maybe issued for any structure which was erected prior to July 1, 1938, and which does not meet the requirements of the current New York State Building Code, provided that it is in conformance with all applicable zoning requirements and where, upon inspection, it is determined that the structure is sound and safe in the determination of the Commissioner, or his designee.

[Amended 4-5-2005]

If a building, addition or alteration was constructed after July 1, 1938, but a certificate of occupancy was never issued, a certificate of compliance may be issued only where the construction is over four years old and where, upon inspection, the Commissioner, or his designee, determines that the structure conforms with the intent of the New York State Building Code requirements and the parcel, its use and related structures comply with the requirements of the Zoning Code and the Subdivision and Land Development Regulations.

[Amended 4-5-2005]

The Commissioner or his/her designee shall have the authority to issue certificates of compliance for structures and/or uses that may be purported to have existed since prior to the enactment of any portion of this chapter which make such structures and/or uses nonconforming. This authority shall be limited to those instances where there is conclusive evidence that the structure or use has not been expanded or altered since prior to the applicable zoning date, the parcel in question has been held in single and separate ownership since prior to the establishment of the applicable zoning provision, no other nonapproved subdivision has occurred, and the use of the property in question has not been abandoned for a period in excess of one year.

[Amended 4-5-2005; 6-19-2012]

Such conclusive evidence may include a combination of, and may not be limited to:

Building, land use, or development permits.

Zoning codes or maps.

Utility bills.

Income tax records.

Business licenses.

Listings in telephone, business, or similar directories.

[7]

Advertisements in dated publications.

[8]

Insurance policies containing evidence of existence of applicable structure or use.

[9]

Leases, if executed.

[10]

Dated aerial photos.

[11]

Insurance maps that identify use or development, such as the Sanborn Maps.

[12]

Land use and development inventories prepared by a government agency.

[13]

Photographs containing information that expressly conveys date taken.

[14]

Sketch cards or other documentation used by the Town Assessor's office for tax assessment purposes.

If, in the sole discretion of the Commissioner, insufficient evidence exists with respect to any of the aforesaid provisions, the application shall be rejected and the applicant shall have the right to make application to the Zoning Board of Appeals as otherwise provided within the Town Code.

Any and all structures or uses which do not comply with the above shall have the right to apply to the Board of Appeals in order to either establish such structure or use as a legal nonconforming use or to seek a variance in connection with same.

Applications for a certificate of compliance shall be submitted to the Building Division. Required information and materials shall be determined by the Commissioner as deemed necessary.

Suffolk County Department of Health Services compliance; electrical wiring.

All sanitary construction must be inspected by and have a certificate of compliance from the Suffolk County Department of Health Services filed with the Building Division indicating that such construction meets the minimum requirements of the Department of Health.

All electrical wiring must be inspected by and have a certificate of compliance from the New York Board of Fire Underwriters, or other approved third party inspector, filed with the Building Division.

[Amended 4-5-2005]

§ 68-26 Orders and violations.

Except as may be provided elsewhere in this article, the inspections required by § 68-27 of this article will be performed by employees or agents of the Town of Islip. Such inspectors are authorized to order, in writing:

That any condition in violation of the Uniform Code or this article existing in, on or about any building or structure be corrected within a specified period of time;

That work on a building or structure which is progressing in violation of the Uniform Code or this article be stopped until the Town of Islip is satisfied that such violation has been or will be corrected; and

That a building or structure constructed or maintained in violation of the Uniform Code or this article shall not be occupied.

Orders to correct violations of the Uniform Code or this article shall be served in person upon a responsible party or his authorized agent or by registered mail sent to the address of such responsible party. Stop-work orders and not-to-be occupied orders shall be served in person upon a responsible party or his authorized agent, or by certified or registered mail sent to the address of the responsible party or by posting such order in a conspicuous spot upon the building or structure which is the subject of such order. If an address for a responsible party has been set forth in any relevant application for a permit or in any relevant certificate, that address is the one which shall be used for service of an order when the order is served by mail. A responsible party who fails to comply with any order issued by the Department shall be subject to a penalty as provided by law.

When a stop-work order has been issued in connection with a particular project, no work shall proceed on that project until the stop-work order has been rescinded or unless the specific work to be undertaken has been approved in writing by an authorized employee of the Town of Islip. When a not-to-be occupied order has been issued by the Town, except for the purposes of inspecting or securing the building or structure, no building or structure which is the subject of such an order shall be occupied until such order is rescinded or unless the occupancy is specifically approved in writing by an authorized employee of the Town of Islip.

Third-party inspections. A person subject to inspection under § 68-27 of this article may be required by the Town of Islip to have such inspection performed at his own cost and expense by a competent inspector acceptable to the Town. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer, or other person whose experience and training has been demonstrated to the satisfaction of the Town. Such inspector shall certify the results of his inspection to the Town of Islip. Any person required by the Town to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this article.

Notices. Whenever the Building Inspector is satisfied that the execution of any work for which a permit is issued is contrary to this ordinance and/or plans and application submitted for the permit, he may serve notice or order upon the persons responsible, directing the discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions of this code.

Stopping work. Whenever in the opinion of the Building Inspector, by reason of defective or illegal work in violation of a provision or requirement of this ordinance, the continuance of a building operation is contrary to public welfare, he may order, either orally or in writing, all further work to be stopped, and may require suspension of the work until the condition in violation has been remedied.

Penalties.

In accordance with § 68-421, a person who shall violate a provision of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall erect, construct, alter or repair, or has erected, constructed, altered or repaired, a building or structure in violation of a detailed statement or plan submitted and approved thereunder shall be punishable by a fine not exceeding $2,000 or by imprisonment for a period not to exceed 15 days, or both; and each day’s continued violation shall constitute a separate additional violation.

[Amended 12-15-2009]

The owner of a building, structure or premises where anything in violation of this ordinance shall be placed or shall exist, and an architect, builder, contractor, engineer, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of such violation, shall each be guilty of a separate offense and, upon conviction thereof, shall be fined as herein provided.

§ 68-27 Inspections.

[Amended 12-12-2006; 12-17-2019]

Work for which a permit has been issued under this article shall be inspected at various stages of the project as deemed appropriate by the Commissioner of Planning or the Commissioner's designee. Work shall be inspected prior to enclosing or covering any portion thereof and upon completion of each stage of construction or demolition, including but not limited to building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, heating, ventilating and air conditioning. It shall be the responsibility of the owner, applicant, or his agent to inform the Commissioner of Planning or the Commissioner's designee that the work is ready for inspection and to schedule such inspection. Failure to appropriately schedule an inspection may result in the removal of the work, in whole or in part, pursuant to the direction of the Commissioner of Planning or the Commissioner's designee, as may be deemed necessary in order to verify that the work was completed properly.

§ 68-28 Fees.

[Amended 12-13-2011; 9-24-2019]

All fees, as established by the Commissioner, shall be collected by authorized agents as designated by the Commissioner. Fees may be charged for processing all required permits.

[Amended 12-17-2019]

In addition to application processing fees, the Commissioner of Planning or the Commissioner's designee shall collect a public improvement fee, as established by the Town Board, which shall be based on the linear feet of street frontage which shall apply to all building permits for the construction of new buildings on vacant properties, except where the applicant can show:

[Amended 12-17-2019; 7-12-2022]

That the property is a full lot on a subdivision map approved by the Planning Board, fully bonded for public improvements, and recorded with the Suffolk County Clerk; or

That the right-of-way which the property fronts on has been improved or is bonded for improvements to meet minimum Town standards in accordance with Town Law.

That a single-family dwelling previously existed on the lot with a certificate of occupancy.

Recreational contribution. Prior to the issuance of any building permits, a suitable and adequate contribution must be made for the recreational needs of Town residents. Fees shall be established and maintained by the Commissioner of the Department of Planning and Development.

The Commissioner may, in his discretion, waive any building permit application fee set forth in this section in connection with the development of affordable housing by a not-for-profit corporation on land owned by the CDA and conveyed by it to such corporation as part of the affordable housing program.

Sale of copies of ordinance or amendments. A fee shall be collected for the obtaining of a copy of this chapter with amendments and/or individual amendments, which fees shall be as determined by the Commissioner.

Incentive fees for redevelopment, remediation and reuse of contaminated properties known as "brownfields," as designated by the United States Environmental Protection Agency or the New York State Department of Environmental Conservation.

[Added 3-9-2021]

Waiver of fees for sites fully remediated upon permit filing.

Upon the filing of a building permit application, property owners who demonstrate that the subject site was contaminated and has been certified as remediated by the United States Environmental Protection Agency, the New York State Department of Environmental Conservation or by any authorized agency having jurisdiction over the subject property, shall receive a waiver for the subject site's building permit fees. This waiver shall also apply to a public improvement fee, recreation fee, mitigation fee, or similar type impact fee(s) associated with redevelopment of the subject property.

The waiver set forth above does not apply to any Town application fees, including but not limited to those for Town Board, Planning Board, or Zoning Board of Appeals applications, nor does it apply to inspection fees, site plan review fees, site plan and building permit revision fees, or any other similar fees incurred after the filing of the initial building permit application.

§ 68-28.1 Review costs and assessment of consultant fees.

[Added 5-3-2005]

Legislative findings, intent and purpose.

The Town Board hereby finds and determines that in order to protect and safeguard the Town of Islip, its residents and their property, with respect to certain land developments within the Town, all buildings, highways, drainage facilities, sanitary sewer facilities, other utilities and parks within said developments should be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental codes, rules and regulations and dedicated and conveyed to the Town in a legally sufficient manner; that in order to assure the foregoing, it is essential for the Town to have competent competition engineers retained by the Town to review and approve plans and designs and make recommendations to the Town Board and Planning Board, inspect the construction of highways, drainage, sewers, other facilities and parks to be dedicated to the Town and to recommend their acceptance by the Town, and to have competent attorneys retained by the Town to negotiate and draft appropriate agreements with developers, obtain, review and approve necessary securities, insurance and other legal documents, review proposed deeds and easements to assure the Town is obtaining good and proper title and to generally represent the Town with respect to legal disputes and issues with respect to developments, and that the cost of retaining such competent engineers and attorneys should ultimately be paid by those who seek to profit from such developments rather than from general Town funds which are raised by assessments paid by taxpayers of the Town.

This section is enacted under the authority of Subparagraphs (a)(12) and (d)(3) of the Municipal Home Rule Law § 10(1)(ii) and Municipal Home Rule Law § 22. To the extent Town Law §§ 274-a, 276 and 277 do not authorize the Town Board or Town Planning Board to require the reimbursement to the Town of legal and engineering expenses incurred by the Town in connection with the review and consideration of application for subdivision and site plan approval and for the approval, amendment or extension of planned districts under the Town's Zoning Ordinance, it is the expressed intent of the Town Board to change and supersede such statutes. More particularly, such statutes do not authorize the deferral or withholding of such approvals in the event such expenses are not paid to the Town. It is the expressed intent of the Town Board to change and supersede Town Law, §§ 274-a, 276 and 277 to empower the Town to require such payment as a condition to such approvals.

Definitions. As used in this section, the following terms shall have the meanings indicated:

APPLICANT

Any person, firm, partnership, association, corporation, company or organization of any kind who or which requests the Town to approve a development.

DEVELOPER

Any person, firm, partnership, association, corporation, company or organization of any kind who or which constructs or proposes to construct one or more developments, highways, drainage facilities, utilities or parks within or in conjunction with a development and to convey or dedicate same to the Town.

DEVELOPMENT

Shall mean and include a subdivision, a site plan, any planned development district or other similar district.

DRAINAGE FACILITY

All surface water drainage facilities, including, but not limited to, detention and retention basins, storm sewers and their appurtenances, drainage swales and ditches, and any easements through or over which said facilities may be constructed or installed in or in connection with a development.

HIGHWAY

Includes a street, avenue, road, square, place, alley, lane, boulevard, concourse, parkway, driveway, overpass and underpass and also includes all items appurtenant thereto, including but not limited to bridges, culverts, ditches, shoulders and sidewalks in or in connection with a development.

PARK

An area of land located within a development which is open to the public and devoted to active or passive recreation.

PLANNED DISTRICT

A planned residential district, planned residential community district, or planned development district, including any site plan review pursuant to the Town (or any successor provision) or environmental review pursuant to the New York State Environmental Quality Review Act.

TOWN

The Town of Islip.

UTILITIES

All water, sanitary sewer, gas, electric, telephone, cable television facilities and any easements through or over which said facilities may be constructed or installed in or in connection with a development.

Reimbursement of fees and expenses.

Subdivisions and site plans.

The applicant, for approval of a subdivision or site plan in the Town, shall reimburse the Town for all reasonable and necessary engineering expenses incurred by the Town in connection with the review and consideration of such subdivision.

A developer who constructs, or proposes to construct, one or more highways, drainage facilities, utilities or parks: within or in conjunction with an approved subdivision in the Town shall reimburse the Town for all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the review, design, inspection and acceptance by the Town of such highways, drainage facilities, utilities and parks and the dedication of same to the Town.

Planned districts.

An applicant. for the approval, amendment or extension of a planned district in the Town, shall reimburse the Town for all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the review, design and consideration of said application.

A developer who constructs or proposes to construct one or more buildings, highways, drainage facilities, utilities or parks within or in conjunction with a planned district in the Town shall reimburse the Town for all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the granting of any building permit, or other approval, and in connection with the review, design and inspection and acceptance by the Town of such highways, drainage facilities, utilities and parks and the dedication of same to the Town.

Exceptions.

The following developments are hereby excepted from the application of this section:

Any development of land of one acre or less abutting an existing public highway.

Any minor subdivision of land abutting an existing public highway.

Notwithstanding anything to the contrary contained in this section, an applicant or developer shall not be required to reimburse the Town for any part of a legal or engineering fee incurred by the Town for services performed in connection with matters, including but not limited to those resulting from complaints by third parties, as to which the Planning Board determines the applicant or developer had no responsibility or was beyond the reasonable control of the applicant or developer.

Deposit of funds and payment of fees.

Simultaneously with the filing of an application for approval of a development and prior to the commencement of any construction of buildings, highways, drainage facilities, utilities or parks therein, the applicant or developer, as the case may be, shall deposit with the Comptroller a sum of money, as determined in consultation with the Town Engineer, which sum shall be used to pay the costs incurred by the Town for engineering and legal services as described in Subsection C of this section.

Upon receipt of such sums, the Comptroller shall cause such monies to be placed in a separate non-interest-bearing account in the name of the Town and shall keep a separate record of all such monies so deposited and the name of the applicant or developer and project for which such sums were deposited.

Upon receipt and approval by the Town Engineer, in the case of engineers, and the Town Attorney, in the case of attorneys, of itemized vouchers from an engineer and/or attorney for services rendered on behalf of the Town pertaining to the development, the Comptroller shall cause such vouchers to be paid out of the monies so deposited, and shall furnish copies of such vouchers to the applicant or developer at the same time such vouchers are submitted to the Town.

The Town Engineer or the Town Attorney shall review and audit all such vouchers and shall approve payment of only such engineering and legal fees as are reasonable in amount and necessarily incurred by the Town in connection with the review, consideration and approval of developments and the inspection and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such developments. For purpose of the foregoing, a fee or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by engineers or attorneys to the Town for services performed in connection with the approval or construction of a similar development, and in this regard the Town Engineer or the Town Attorney may take into consideration the size. type and number of buildings to be constructed, the amount of time to complete the development, the topography of the land on which such development is located, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities and parks to be constructed and any special conditions or considerations as the Town Engineer or Town Attorney may deem relevant; and a fee or part thereof is necessarily incurred if it was charged by the engineer or attorney for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Town, protect public or private property from damage from uncontrolled surface water run-off and other factors, assure the proper and timely construction of highways, drainage facilities, utilities and parks, protect the legal interests of the Town, including receipt to the Town of good and proper title to dedicated highways and other facilities and the avoidance of claims and liability, and other such interests as the Town Engineer or Town Attorney may deem relevant.

§ 68-29 Advertising.

No person shall solicit, offer or advertise any building or lot or any portion thereof for sale or rent for any use which is not permitted by the Code of the Town of Islip. Violations shall be subject to a penalty and/or fine as deemed appropriate by the Town Attorney.

§ 68-30 Minimum standard requirements.

[Amended 9-11-2001; 12-12-2006; 5-22-2007; 9-11-2007; 4-29-2008; 5-28-2008; 8-4-2015; 12-17-2019]

All new construction shall comply in all respects with minimum standards as established and maintained by any and all applicable federal, state, county and local rules and regulations, including, but not limited to, the New York State Uniform Fire Prevention and Building Code (Uniform Code), the State Energy Conservation Construction Code (Energy Code), the National Electric Code (NEC), Suffolk County Department of Health Services (SCDHS) regulations, and the Islip Town Code.

Building and structures: unsafe.

Purpose. Within the Town there exist, from time to time, structures which have become dangerous, unsound, unsafe or hazardous and which thereby pose a threat to the health and welfare of Town residents. The Town Board declares that it is the obligation of persons responsible for such structures to repair or remove them after being notified of their condition. In the event that the repair or removal is not voluntarily accomplished, it is the purpose of this ordinance to secure such repair or removal and charge the cost thereof to the owner of the premises.

Enforcement. This chapter shall be enforced by the Commissioner of Planning or the Commissioner's designee. He/she is hereby authorized to make inspections of all types of structures throughout the Town, to declare such structures to be unsafe, hazardous or public nuisances and to make such structures safe in accordance with the procedures outlined in the chapter. The Town Attorney, on advice of an engineer, shall be designated an authorized agent of the Commissioner of Planning.

Declaration of public nuisance. Any structure, as defined in Chapter 68 of the Code, which in the opinion of the Commissioner of Planning or the Commissioner's designee has become dangerous, unsound, unsafe or hazardous as a result of fire, neglect, disrepair, structural failure, collapse, vandalism or any other means shall be declared a public nuisance. Such nuisance shall include any unoccupied structure which is not secured from entry by having all windows, doors and openings secured in accordance with the Commissioner of Planning or the Commissioner's designee's specifications.

The occupants of any such building or structure shall vacate the premises forthwith. No person shall use or occupy such building or structure until it is deemed safe and secure by the Commissioner of Planning or the Commissioner's designee.

Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure.

Public nuisances prohibited. A public nuisance, as declared in this chapter, is a prohibited condition and shall be removed in accordance with the Commissioner of Planning or the Commissioner's designee's specifications.

Removal of public nuisance, A public nuisance may be removed without the owner's consent in accordance with the following procedure:

Notice. A notice shall be served as set forth herein. The notice shall contain the following:

A description of the premises, consisting of street address and Tax Map number.

The name and address of the last known owner of the premises as indicated in the records of the Town Assessor or the Tax Receiver.

[3]

A statement of particulars in which the building or structure is unsafe or dangerous and a public nuisance.

[4]

A statement of the time within which work must be commenced to remove the nuisance.

[5]

Notice of the time and place of hearing before the Town Board for the purpose of determining, in the event that the repair or removal is not voluntarily completed, whether the Town shall accomplish such repair work or removal.

Filing of notice. Within 10 days of service on the owner or his representative, a copy of such notice shall be filed in the office of the Suffolk County Clerk, together with a statement of the names of parties involved, the object of the notice and a description of the property affected. A notice so filed shall be effective for one year from the date of filing, unless sooner vacated by court order or by consent of the Town Attorney.

Hearing. The Town Board shall hold a hearing at the time and place specified in the notice to determine whether the repair or removal of the public nuisance shall be accomplished by the Town. At such hearing, the affected owner or his representative may present evidence in opposition to the determination of the Commissioner of Planning or the Commissioner's designee.

(6)

Declaration of immediate hazard. A public nuisance may be declared an immediate hazard by the Commissioner of Planning or the Commissioner's designee when there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment.

Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure.

(7)

Removal of immediate hazard. Whenever the Commissioner of Planning or the Commissioner's designee declares that a premises contains an immediate hazard, he is hereby authorized to specify the work required to remove the hazard, to order the property owner to remove the hazard and to remove the hazard if such hazard is not removed within a specified time period.

Notice and order. The Commissioner of Planning or the Commissioner's designee shall notify the property owner or his agent of the hazard by telephone, in person or by certified mail and shall specify the work required and specify the length of time during which the work must be commenced. He shall also advise the property owner or his agent of the consequences of the failure to comply.

Failure to comply. In the event that the owner neglects or refuses to comply with the Commissioner of Planning or the Commissioner's designee order, in the specified time, or in the event that the Commissioner of Planning or the Commissioner's designee is not able to contact the owner or his agent, making a diligent effort to do so, the Commissioner of Planning or the Commissioner's designee is authorized to proceed with the required work to remove the hazard and to include all costs incurred by the Town of Islip in the next regularly scheduled tax bill in accordance with this chapter. Such work may include, but is not limited to, emergency repair or demolition and removal of all or part of the building(s) or structure(s), including foundations, the installation of fencing, and boarding and securing.

(8)

Service of notice. The service of any notice provided for herein may be made upon the owner, one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the unsafe structure. Service shall be either personally or by registered mail addressed to the last known address, if any, of the owner or of one of such other named persons, as such address is shown in the records of the Receiver of Taxes or in the office of the County Clerk, together with posting a copy of the notice on the premises.

(9)

Statement of expenses. When the Town has effected the removal of the public nuisance or hazard pursuant to this chapter, the Commissioner of Planning or the Commissioner's designee shall prepare a statement of all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including but not limited to clerical, mailing and administrative costs and the actual cost of removal of the nuisance or hazard, whether the work was performed by the Town or by the contractor paid by the Town. Such statement shall also contain a description of the property which caused the Town to incur such expenses and the name of the reputed owner of said property. The statement shall be prima facie evidence that all legal formalities have been complied with and that the ordered work has been completed properly and satisfactorily. Such statement, when filed, shall be full notice to every person concerned that the amount of the statement constitutes a charge against the property described in the statement and that the amount is due and collectible as provided in this chapter.

(10)

Retrieval of expenses.

Filing. Signed copies of the Commissioner of Planning or the Commissioner's designee sworn statement of expenses shall be filed with the Assessor of the Town of Islip, and such costs shall be assessed against the land on which said buildings are or were located.

Town Assessor. The Town Assessor shall annex the amount of the statement as a special assessment to the property named in the statement and shall not remove same until notified by the Receiver of Taxes that the amount due has been collected in full.

Receiver of Taxes. The Receiver of Taxes shall include the amount of the statement on the next regular tax bill for the property named in the statement.

Civil action. Repayment of costs may also be pursued by a civil action in any court of competent jurisdiction.

(11)

Waiver of hearing. The property owner may waive the necessity of a hearing and grant the Town permission, in writing, to remove the public nuisance. In this event, the expenses incurred by the Town may be included in the next tax bill in accordance with the procedure set forth in this ordinance.

(12)

Severability. If any section, paragraph, subdivision, clause, phrase or provision of this Subsection A shall be declared invalid or held unconstitutional, the same shall not affect the validity of this Subsection A as a whole or part or provision thereof other than the part so declared to be invalid and unconstitutional.

(13)

Adoption of provisions. This ordinance, effective June 21, 1937, was recodified on December 16, 1980.

Minimum housing standards.

This provision shall be known as "minimum housing standards."

Legislative intent.

The purpose of this Subsection B is to provide basic and uniform standards, in terms of performance objectives implemented by specific requirements, governing the condition, occupancy and maintenance of occupied premises and unoccupied premises and establishing reasonable safeguards for the safety, health and welfare of the occupants and users of said premises, the community and the general public.

It is the concern of the Town Board that appropriate standards be enacted regarding the exterior maintenance of properties within the Town which are covered by this chapter. It is recognized that the enforcement of such minimum standards is in the interest of all persons to ensure the stability and to prevent the deterioration of neighborhoods, as well as to promote the health and welfare of all Town residents by protecting the quality of housing.

Applicability. This Subsection B shall apply to all residential premises as follows:

Lots, plots or parcels of land on which residential buildings, buildings of varied occupancy or accessory structures are located.

Residential buildings, including one- and two-family dwellings and multiple dwellings, as defined herein, except as specifically excluded in § 68-30B(4).

Residential occupancies in buildings of mixed occupancy.

Accessory structures, accessory to residential occupancies.

Exceptions. This Subsection B shall not apply to nursing and convalescent homes, public hospitals, camps, travel trailers, trailer parks or one-family dwellings located in a BAA District where the same are rented only from June 1 up to and including September 10.

Most restrictive regulations to prevail. Where a provision of this Subsection B is found to be in conflict with a provision of a zoning, building or health ordinance, or regulation adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.

(6)

Existing remedies. Nothing in this Subsection B shall be deemed to abolish or impair existing remedies of the Town of Islip relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary or otherwise subject to lawful removal of demolition pursuant to law.

(7)

Severability. If a term, part, provision, section, subdivision or paragraph of this Subsection B shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions and paragraphs.

(8)

General requirements.

Plumbing systems shall be maintained in sanitary and serviceable condition.

Plumbing systems shall be maintained so as not to weaken structural members or cause damage or deterioration to any part of the building through fixture usage.

(9)

Sewage drainage system.

Plumbing fixtures shall be drained to a sewage drainage system and such system shall be connected to a Suffolk County Department of Health Services approval system of sewage disposal.

Substances which will produce explosive mixtures, destroy the pipes or their joints or interfere unduly with the sewage disposal process shall not be discharged into the building drainage system unless it is provided with devices suitable for intercepting such substances.

Each fixture directly connected to the sewage drainage system shall be equipped with a water-seal trap.

Adequate cleanouts shall be provided and maintained so that the pipes may be readily cleaned.

The drainage system and its attendant vent piping shall be maintained so as to provide adequate circulation of air in all pipes in order that siphonage, aspiration or pressure will not cause a loss of trap seal under ordinary conditions of use.

(f)

Drains provided for fixtures, devices, appliances or apparatus containing food, water, sterile goods or similar materials shall be equipped with air brakes adequate to prevent contamination of such contents from any possible backup of sewage through the direct or indirect drainage piping.

(10)

Commissioner of Planning or the Commissioner's designee designated official inspector. The Commissioner of Planning or the Commissioner's designee of the Town of Islip is authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, rooming houses, rooming units and premises in order to safeguard the health, safety, morals and welfare of the public. The Commissioner of Planning or the Commissioner's designee are authorized to enter any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during daylight hours or at such other time as may be necessary in an emergency for the purpose of performing the Commissioner's duties under this Subsection B.

(11)

Access to dwellings. The owner, operator or occupant of every dwelling, dwelling unit, rooming house, rooming unit or premises shall give access to such dwelling, dwelling unit, rooming house, rooming unit and premises for the purpose of such inspections at any reasonable time during daylight hours or at such times as may be necessary in an emergency.

(12)

Identification of inspectors. Inspectors and authorized personnel of the Building Division shall be supplied with official identification when entering any dwelling, dwelling unit. rooming house, rooming unit or premises.

(13)

Emergencies: power to act. Whenever the Commissioner of Planning or the Commissioner's designee finds a violation of this Subsection B exists which, in the Commissioner's opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety or welfare of the occupants of the building or of the public, he may, by telephone notice to the owner, agent, operator or occupant, or without prior notice, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate. Notwithstanding any other provision of this Subsection B, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.

(14)

Extension of compliance time. The Commissioner of Planning or the Commissioner's designee may extend the compliance time specified in any notice or order issued under the provisions of this Subsection B where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.

(15)

Abatement of hazards in emergencies. Whenever any violation of this Subsection B, which, in the opinion of the Commissioner of Planning or the Commissioner's designee, causes a direct hazard or immediate danger to the health and safety of the occupants of a building or the public, has not been corrected in the time specified by the order issued, the Commissioner of Planning or the Commissioner's designee may take such direct action as is necessary to abate the hazard or danger, including demolition. Expenses incurred in the execution of such orders shall be recovered as provided herein.

(16)

Recovery of costs and expenses. The expenses incurred pursuant to § 68-30B(15) of this chapter shall be paid by the owner or occupant of the premises or by the person who caused such violation to exist, as follows:

The Commissioner of Planning or the Commissioner's designee shall file among his records an affidavit stating with fairness and accuracy the items of expenses and the date of the execution of actions authorized under this chapter. A copy of such affidavit shall be served upon the owner or occupant of the premises as provided in this chapter.

Within 10 days thereafter, the owner or occupant upon whom such affidavit has been served may file with the Commissioner of Planning or the Commissioner's designee a written request for a hearing with the Building Inspector and the Town Attorney to contest any items of expenses set forth in the affidavit of the Commissioner, of Planning or the Commissioner's designee. If such a request is not received within 10 days, the affidavit of the Building Director shall be final and binding upon the owner or occupant.

At such hearing, the applicant or his representative shall be given an opportunity to show cause why the items of expenses listed in the affidavit of the Commissioner of Planning or the Commissioner's designee are not accurate.

Upon the completion of all work under § 68-30B(15) of this chapter, the Commissioner of Planning or the Commissioner's designee shall file among his records an affidavit fully stating all items of expenses incurred. A copy of the same shall be served upon the owner or occupant as provided in this chapter.

The Commissioner of Planning or the Commissioner's designee may institute an action in the Supreme Court to recover such expenses against any person liable therefor or may cause a report setting forth all items of expenses incurred under § 68-30B(15) of this chapter to be filed with the Town Board of the Town of Islip.

(f)

The Town Board, after a public hearing and notice by mail to the owner or occupant of the premises. may cause the items of expenses incurred pursuant to actions authorized by § 68-30B(15) of this ordinance to be assessed against the land upon which the building or structures are located. Said amount shall be reported to the Assessor of the Town of Islip as an assessment to be included in the next succeeding assessment roll on the Town of Islip to be thereafter prepared.

(17)

Administrative liability. No Building Inspector, officer, agent or employee of the Town of Islip shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Subsection B. Any suit brought against any officer, agent or employee of the Town of Islip as a result of any act required or permitted in the discharge of his duties under this Subsection B shall be defended by an attorney appointed by the Town Attorney until the final determination of the proceedings therein.

(18)

Designation of unfit structures. Any dwelling or dwelling units, rooming house or rooming unit or premises having any of the defects found in Subsection B(18) (a), (b), (c) and (d) below may be designated by the Commissioner's of Planning or the Commissioner's designee as unfit for human habitation or use and may be so placarded.

The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public, as are required by this ordinance.

The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.

The structure or premises, including foundations, because of the general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.

The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this Subsection B, is unfit for human habitation or usage.

(19)

Notice of intent to vacate. Whenever the Commissioner of Planning or the Commissioner's designee determines that a dwelling unit, rooming house or rooming unit or premises is unfit for human habitation or use as provided in § 68-30B(18), he/she may include such finding within the notice of violation provided for in this chapter. He/she may also include a notice of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit or premises if compliance with the provisions of the notice of violation is not secured within the time specified.

(20)

Order to vacate. Whenever a notice of violation, as provided in § 68-30B(19) of this chapter, has not been complied with, the Commissioner of Planning or the Commissioner's designee may order the dwelling, dwelling unit, rooming unit or rooming house to be vacated. A copy of such order to vacate shall be served on the occupant and owner, agent or operator, as provided in this chapter.

(21)

Vacation of unfit structures and premises. Any dwelling, dwelling unit, rooming house or rooming unit or premises designated as unit for human habitation or use pursuant to § 68-30B(18) and ordered to be vacated as provided in § 68-30B(20) shall be vacated within such reasonable time as the Commissioner of Planning or the Commissioner's designee may specify in the order. No such dwelling or dwelling unit shall again be used for human habitation, or placard removed, until written approval is secured from the Commissioner of Planning or the Commissioner's designee.

(22)

Removal of placard restricted. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in §§ 68-30B(21).

(23)

Unfit structures made secure. The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit or premises which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Commissioner of Planning or the Commissioner's designee shall deem necessary. Any vacant building open at the doors and windows, if unguarded, shall be deemed a direct hazard or immediate danger to the health and safety of the general public.

(24)

Demolition. Whenever the Commissioner of Planning or the Commissioner's designee designates a building unfit for human habitation, the Building Inspector may institute proceeding pursuant to this chapter to remove and demolish the said structure or building. The expenses thereof may be recovered pursuant to § 68-30B(16) herein.

(25)

Responsibility of owners.

Owners of premises shall be responsible for compliance with the Subsection B and shall remain responsible therefor regardless of the fact that this section may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.

Owners of premises shall be responsible for proper maintenance, condition and operation of service facilities and for furnishing adequate heat and hotwater supply in multiple dwellings.

(26)

Responsibility of occupants. Occupants of dwelling units shall be responsible for compliance with this Subsection B in regard to the following:

Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by the ordinance.

Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.

Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities in that part of the premises which he occupies or controls, in a clean and sanitary condition, and providing reasonable care in the operation and use thereof.

Keeping exits from his dwelling unit clear and unencumbered.

Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.

(27)

Revocation of certificate of occupancy; injunction proceedings. Any certificate of occupancy may be revoked and injunction proceedings may be maintained by the Town of Islip, in addition to any other remedy hereunder, in the event of a continuing violation or a refusal or failure to comply with this chapter. Failure or refusal to procure a permit required under the Town Code shall be a violation.

(28)

(Reserved)

(29)

Fees. The Commissioner of the Department of Planning and Development shall set such fees as he or she deems appropriate. However, said fees may be modified by the Town Board in its discretion.

Fire prevention.

Interpretation of terms. For the purpose of this chapter, as well as all other provisions of the Code of the Town of Islip, the term "Chief of the Bureau of Fire Prevention" shall mean any Fire Marshal employed by the Town of Islip.

Right of entry.

The Chief of the Fire Department, the administrative head of any code enforcement department or division, Chief of the Bureau of Fire Prevention or any inspector thereof may, at all reasonable hours, enter any building or premises for the purposes of making any inspection or investigation which, under the provision of this Code, he or they may deem necessary to be made.

Public buildings not under jurisdiction of the Town as to construction shall not be subject to inspection or to the terms of this chapter.

Inspection of buildings and premises.

It shall be the duty of the Chief of the Fire Department to inspect or cause to be inspected by the Bureau of Fire Prevention or by the Fire Department officers or members all buildings and premises, except the interiors of one-family dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, endanger life from fire, or any violations of the provisions or intent of this Code, and of any other ordinance affecting the fire hazard. The Chief of the Fire Department making such inspections shall report any violations or conditions alleged to constitute violations to the Chief of the Bureau of Fire Prevention.

The Chief of the Fire Department, the administrative head of any code enforcement department or division, Chief of the Bureau of Fire Prevention or an inspector, upon request of the owner or occupant or upon the complaint of any person or whenever he or they shall deem it necessary, shall inspect any buildings and premises within their jurisdiction.

Condominium projects and multiple-occupant dwellings require inspection of common areas. The Chief of the Fire Department, the administrative head of any code enforcement department or division, the Chief of the Bureau of Fire Prevention or an inspector, upon the request of any owner or occupant of a condominium unit or upon the complaint of any person or whenever he or they shall deem it necessary, shall inspect the common buildings and/or premises of that condominium development.

Orders to eliminate dangerous or hazardous conditions.

Whenever any inspectors of the Bureau of Fire Prevention shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Chief of the Bureau of Fire Prevention.

Whenever any of the officers, members or inspectors of the Fire Department or Bureau of Fire Prevention shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Chief of the Bureau of Fire Prevention.

Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.

Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials.

[3]

Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.

[4]

Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.

[5]

Obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.

[6]

Any building or other structure which, for want of repairs, lack of adequate exit facilities, automatic or other fire alarm apparatus or fire-extinguishing equipment, or reason of age or dilapidated condition, or from any other cause, creates a hazardous condition.

[7]

No parking in fire zones. No persons shall park or leave standing any vehicle in any area designated or marked as a fire zone, nor shall any area so designated be used for the storage of any material or used in any way that will obstruct the same or render the same inaccessible by fire apparatus.

Service of orders.

The service of orders for the correction of violations of this Subsection C shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of same to such person or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with said person a copy of the order or, if such owner is absent from the jurisdiction of the officer making the order, by sending such copy by certified mail to the owner's last known post-office address.

If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders issued in connection with the enforcing of this Subsection C shall apply to the occupant thereof, except where the rules or orders require the making of additions to or changes in the premises themselves such as would immediately become real estate and be the property of the owner of the premises; in such cases the rules or orders shall affect the owner and not the occupant.

Any person served with an order properly issued pursuant to the provisions of this Subsection C shall have 10 days from the date of service thereof to comply with said order, and failure to so comply shall be deemed an offense and shall be punishable by the penalties provided for in this Code. Said time for compliance may be extended beyond the above-indicated 10 days when, in the opinion of the Chief of the Bureau of Fire Prevention extenuating circumstances exist, and said extension is agreed to in writing by the Chief of the Bureau of Fire Prevention.

(6)

Investigation of fires.

The Bureau of Fire Prevention shall cooperate with the proper authorities in any investigation of the cause, origin and circumstances of every fire occurring in the municipality which is of suspicious nature or which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged.

Every fire shall be reported in writing to the Bureau of Fire Prevention within two days after the occurrence of the same, by the officer in whose jurisdiction such a fire has occurred. Such report shall be on a standard form as shall be prescribed by the Bureau of Fire Prevention and shall contain a statement of facts relating to the cause, origin and circumstances of such fire, injury to persons and extent of damage thereof, and such other information as may be required.

The Town Attorney and the Police Department, upon request of the Bureau of Fire Prevention, shall assist the inspectors in the investigation of any fire which in their opinion is of suspicious origin.

(7)

Fire records. The Chief of the Bureau of Fire Prevention shall keep in the office of the Bureau of Fire Prevention a record of all fires affecting structures and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby. Such record shall be made from the reports made by the Fire Department officers and inspectors.

(8)

Exceptions. Nothing contained in this Subsection C shall be construed as applying to the transportation of any article or thing shipped under the jurisdiction of and in compliance with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military forces of the United States.

(9)

Fire drills in educational and institutional occupancies.

Fire drills shall be held at least once a month in educational occupancies where such occupancies constitute the major occupancy of a building, and at least once every two months in institutional occupancies where such occupancies constitute the major occupancy of a building. During severe weather, fire drills may be postponed. A record of all fire drills shall be kept, and persons in charge of such occupancies shall file written reports at least quarterly with the Bureau of Fire Prevention, giving the time and date of each drill held.

In educational occupancies, fire drills shall include complete evacuation of all persons from the building. In institutional occupancies, fire drills shall be conducted to familiarize operating personnel with their assigned positions of emergency duty; complete evacuation of occupants from the building at the time of the fire drill shall be required only where it is practicable and does not involve moving or disturbing persons under medical care.

A record of all fire drills in educational and institutional occupancies shall be kept, and persons in charge of such occupancies shall file written reports at least quarterly with the Bureau of Fire Prevention, giving the time and date of each drill held.

(10)

Permits.

A permit shall constitute permission to maintain, store or handle materials, or to conduct processes, which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Such permit does not take the place of any license required by law. It shall not be transferable, and any change in use or occupancy of premises shall require a new permit.

Before a permit may be issued, the Chief of the Bureau of Fire Prevention or his assistants shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by departments other than the Bureau of Fire Prevention are applicable, joint approval shall be obtained from all departments concerned.

All applications for a permit required by this Subsection C shall be made to the Bureau of Fire Prevention in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as required by the Bureau of Fire Prevention.

Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any officer of the Fire or Police Departments.

One permit only shall be required by establishments dealing in or using two or more flammable, combustible or explosive materials to be kept in the establishment at any one time, but each of the materials shall be listed in the permit.

(f)

The Town Board may enter into agreements with the Board of Fire Commissioners of any fire district wholly or partly within the Town that the issuance of permits and preliminary investigations thereto will be performed by said fire districts.

(g)

Permits from the Bureau of Fire Prevention shall be required in accordance with § 68-30C(13). Permit fees shall be established and maintained by the Chief of the Bureau of Fire Prevention.

(11)

Revocation of permit. The Bureau of Fire Prevention may revoke a permit or approval issued if any violation of this Subsection C is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

(12)

Liability for damages. This Subsection C shall not be construed to hold the Town responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.

(13)

Charts.

	Materials Requiring a Storage Permit
	Material	Quantities in Excess of
	*Flammable liquids	5 gallons inside or outside if flash point is less than 100° F.
		25 gallons inside if flash point is greater than 70° F.
		50 gallons outside if flash point is greater than 70° F.
	*Flammable compressed gas	2,000 cubic feet
	*Nonflammable compressed gas	6,000 cubic feet
	*Corrosive materials	55 gallons
	*Oxidizing materials	500 pounds
	*Organic peroxides	10 pounds
	*Toxic materials	Any quantity
	*Poisonous gases	Any quantity
	*Ammonium nitrate	1,000 pounds
	*Ammonium nitrate fertilizers	1,000 pounds
	*Nitromethane	500 pounds
	*Radioactive materials	1 microcurie if not a sealed source 1 millicurie if a sealed source
	*Explosive/blasting agents	Any quantity
	*Rubber, cotton, cork, etc.	2,500 cubic feet
	*Cellulose nitrate plastics	25 pounds
	Combustible fibers	100 cubic feet
	Lumber	100,000 board feet
	Combustible containers	2,500 cubic feet gross volume
	Matches	25 cases
	Cellulose nitrate motion-picture film	25 pounds (about 5,000 feet of 35mm film)

*Placard required.

	Operations Requiring a Use Permit
	Use	Applicability
	Place of assembly	Any such operation occupied by 50 or more persons or encompassing 750 square feet or more in area, excluding occupancies used exclusively as a place of worship
	Tent	The erecting, maintaining or use of a tent covering an area in excess of 500 square feet
	Public fireworks display	Any such operation
	Welding and cutting operations	The performing of welding and cutting operations by any company, corporation, co-partnership or owner-operator except where the welding and cutting is performed in an area approved for the purpose or the company, corporation, co-partnership or owner- operator has an approved permit system established for the control of the fire hazards involved
	Spraying and dipping operations	Any such operation utilizing more than one gallon on any working day of flammable or combustible liquids
	Bowling lane resurfacing or pin refinishing	Any such operation which involves the use and application of flammable liquid or materials
	Dry-cleaning business	Any such operation using flammable or combustible liquids
	Motor vehicle servicing or repair	Any such operation inside a building, shed or enclosure
	Baking and drying ovens	Any industrial oven which is heated by oil or gas fuel or which, during operation, contains flammable vapors from the products being baked or dried
	Tire recapping or rebuilding	Any such operation
	Fruit ripening process	Any such operation
	Fumigation or thermal insecticidal fogging	Any such operation
	Magnesium operations	The melting, casting, heat treating, machining or grinding of more than 10 pounds of magnesium per working day
	Match manufacturing	Any such operation
	Operation producing explosive dust	The operating of any grain elevator, flour, starch or feed mill or plant pulverizing aluminum, coal, cocoa, magnesium, spices, sugar or other material producing an explosive dust
	Flammable liquid processing	Any manufacturing, processing, blending or refining of flammable liquids
	Open burning	Any such operation
	Material	Quantities in Excess of
	Manufacturing of pyroxylin articles	Any manufacturing of articles of cellulose nitrate plastics pyroxylin, including the use of cellulose nitrate plastics in the manufacturing or assembling of other articles
	Flammable liquid tank vehicle delivery	Any business involving the delivery of flammable liquids from tank vehicles
	Fire protection equipment	Any installation of such equipment

(14)

Certificate of fitness and LPG. Any person who performs the transfer of liquid propane gas (LPG) within the jurisdiction of the Town of Islip shall first obtain a certificate of fitness from the Town of Islip Fire Marshal's office.

Each person wishing to obtain a certificate of fitness shall submit the required application and fee as set by the Division of Code Enforcement and shall pass a written examination and practical test.

Any person transferring and/or dispensing LPG shall provide, upon the request of a Code Enforcement Official, a current certificate of fitness and, if unable to provide same, may be punishable by the provisions of this Code.

No person shall knowingly discharge LPG into the atmosphere without first notifying the Town of Islip Fire Marshal's office and without using an approved method or device.

§ 68-30.1 Energy Star requirements.

[Added 4-29-2008; amended 10-13-2010; 9-7-2011; 12-11-2012]

The Town Board of the Town of Islip hereby adopts the Energy Conservation Construction Code of New York State to govern all construction within the Town of Islip.

§ 68-30.2 Improvements for senior citizens and disabled.

[Added 5-27-2009]

Legislative intent. The Town Board finds that a growing percentage of the residents of the Town of Islip require design modifications, and accessibility improvements, in order to enter and exit their homes safely. The Town Board has further determined that the incorporation of certain universal design features during the planning, construction, extension or alteration of single-family residences will afford all persons better access to residential buildings, regardless of age, size, or abilities. In order to construct the necessary design modifications and accessibility improvements in many of these homes, a building permit is required. The intent of this section is to facilitate the expeditious processing of those permits which incorporate three or more universal design features by the Building Department to the fullest extent possible, and to allow for relief from certain strictures of the Zoning Code for such design modifications and accessibility improvements. Exempting certain improvements to residential structures from the strict application of the Zoning Code will better assist residents who wish to "age in place" and improve their quality of life without adversely affecting neighboring properties.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSIBLE DESIGN

Houses or dwellings that meet specific requirements for accessibility. These requirements are found in state, local, and model building codes, and the regulations of the Fair Housing Amendments Act of 1988, and the American With Disabilities Act (ADA) accessibility guidelines. These regulations, guidelines and laws dictate standard dimensions and features, including, but not limited to, door widths, clear space or wheelchair mobility, countertop heights for sinks and kitchens, audible and visual signals, grab bars, and switch and outlet heights.

ADAPTABLE DESIGN

Allows some features of a building or dwelling to be changed to address the needs of an individual with a disability or a person encountering mobility limitations as he/she ages. Essential design elements, such as wider doorways and halls and barrier-free entrances, are included as integral features, while provisions are made for features to be adapted (modified or added), as needed. To meet the definition of "adaptable," the change must be able to be made quickly without the use of skilled labor and without changing the inherent structure of the materials. For example, bathroom walls may be designed with additional supports or reinforcements between wall studs for future installation of grab bars.

UNIVERSAL DESIGN

The process of incorporating flexibility and alternative means of use in the design, construction, and modification of homes, in order to accommodate use by all people, regardless of age, ability, sex, and economic status.

Requirements. All applications for development, redevelopment, modification or alteration of single-family residences shall receive expedited review by the Building Department, to the fullest extent practicable, if three or more of the following universal design features are incorporated into the construction:

Zero-step entrance. At least one stepless entrance to the residence, which may be located at the front, rear or side of the structure, but does not include any entrance that is located within an attached garage. There shall be less than a one-half-inch rise at the stepless entrance. A sidewalk or walkway being utilized as the accessible route to the stepless entrance must have a slope no greater than 1:12.

Doorways and passageways. All doors on the ground floor of the new construction or addition (including bathrooms, walk-in closets, pocket and sliding doors, and any door intended for human passage) shall have a minimum clearance of 34 inches. A thirty-six-inch door, hung in the standard manner, provides the thirty-four-inch clear opening required by this section.

Adaptability features: the existence of at least one room on the ground floor which can easily be converted into a bedroom (except when such conversion is prohibited) and meets all federal, state, county, and local building and zoning codes.

Bathroom: reinforcements or "blocking" between wall studs around the toilet and the bathroom/shower areas to conveniently and safely allow for future installation of grab bars, commencing at a height of 32 inches from the floor and extending to a height of at least 38 inches above the floor. Reinforcements may be constructed of plywood or wood blocking.

Behind the toilet, a minimum twenty-six-inch-wide reinforced area is required, which safely accommodates a twenty-four-inch grab bar and provides proper backing for flange. Where a toilet is adjoining a side wall, a minimum twenty-six-inch-wide reinforced area is required, which safely accommodates a twenty-four-inch grab bar and provides proper backing for flange. For a side wall adjoining a toilet, a forty-four-inch-wide reinforced area is required to safely accommodate a forty-two-inch grab bar with proper backing for flange.

Along a tub wall, reinforcements shall be at least 50 inches wide which safely accommodates a forty-eight-inch grab bar and provides proper backing for flange. Side walls shall have a minimum twenty-six-inch-wide reinforced area, which safely accommodates a twenty-four-inch grab bar and provides proper backing for flange.

Inside a shower stall, reinforcements shall be at least 26 inches wide on each side adjoining a wall, which safely accommodates a twenty-four-inch grab bar and provides proper backing for flange.

Convenient facilities. There shall be at least a 1/2 bathroom located on the ground floor, and the fixtures shall be arranged to provide sufficient floor space so as to allow an individual using a wheelchair or other mobility aid to enter and close the door, use the facilities, reopen the door and exit. A sixty-inch turning radius is required to meet the requirements of this section. Maneuvering space may include any knee space or toe space available below bathroom fixtures, including the clear space under a wall-hung lavatory.

Universal design incentives.

The Building Department shall promulgate procedures for departmental review of applications for building permits related to design modifications and accessibility improvements. Applications for a single-family detached residence which include three or more universal design features shall be reviewed within 10 working days.

Any exterior changes related solely to providing accessibility for disabled persons and seniors to the dwelling, including, but not limited to, ramps and decks, shall not be included in the calculation of gross floor area.

The Building Department shall have the authority to approve the installation of exterior design modifications and accessibility improvements as a temporary exception from any applicable front-side and rear-yard setbacks, subject to the following:

Such design modifications and accessibility improvements do not project more than six feet beyond the otherwise permissible building area on the front, side, or rear of any dwelling.

The applicant presents documentation from a licensed physician declaring that one or more residents domiciled at a dwelling within the Town of Islip require the construction of exterior design modifications and accessibility improvements to provide for access or egress.

In granting such a temporary exception, the Building Department shall limit the duration of the exception to a time period of two years. An extension of such duration may be permitted by presentation of further documentation from a medical professional addressing the continued need for the design modification or accessibility improvement.

The construction of said facilities or improvements meets applicable code requirements for accessibility.

§ 68-30.3 Commercial structure energy requirements.

[Added 12-15-2009]

Legislative intent. It is the intent of the Town to protect the public health, safety and welfare of its residents by mandating that the construction of new commercial structures shall comply with the requirements contained herein to ensure that such structures use less energy than if constructed to prevailing building standards. Compliance with the requirements herein shall be mandated in addition to compliance with all other applicable requirements.

Any new commercial structure of all types, as defined by the Islip Town Code and New York State Code, shall be built so that it is a minimum 20% more energy efficient overall than required by the New York State Energy Conservation Construction Code minimum standards.

Verification of compliance with the energy-efficiency requirements mandated shall be provided through the submission of the New York State-required Energy Simulation Tool (defined as an approved software program or calculation-base methodology that projects the annual energy use of a building (i.e., COMcheck) by an applicant which is required as part of the Town of Islip Building Division’s construction plan review and approval process.

Any structure not meeting the definition of commercial structure shall be held to the energy requirements found in § 68-30.1 of this chapter.

The requirements described herein shall be effective March 1, 2010.

§ 68-30.4 Superstorm Sandy reconstruction provision.

[Added 5-21-2013]

Legislative intent. The Town Board hereby recognizes and acknowledges that the Town of Islip experienced record coastal damage due to Superstorm Sandy, on or around October 29, 2012, to such an extent that significant impacts to public health and welfare resulted. Such damage resulted in the issuance of a declaration of a state of emergency by Supervisor Croci, on October 27, 2012, which was renewed on November 25, 2012. Said declaration followed similar actions by both the Governor of the State of New York and the President of the United States under the Stafford Act. The Town Board further recognizes that the residents, businesses and taxpayers of the Town of Islip may face financial and other hardships if they are required to apply to the Zoning Board of Appeals to repair properties damaged by Superstorm Sandy that are now nonconforming uses under the Islip Town Code. Further, such hardships would be exacerbated by the difficulties faced by those applicants who are required, pursuant to Article XL of this chapter, to elevate their structures to avoid future floodwaters, to endure the inherent delays in the building permit process due to the greatly increased volume of storm-related construction activity, and to pay full fees for the review of said permits.

Storm damage reconstruction process. The Commissioner of the Department of Planning and Development is hereby authorized to waive the requirement for applicants to apply to the Zoning Board of Appeals for damaged properties that are now nonconforming uses under the Islip Town Code due to Superstorm Sandy, so long as all of the following criteria are met:

The applicants are rebuilding an identical structure in either the exact same location as it was located immediately prior to Superstorm Sandy, or in any other location that comes closer to conformity with the provisions of this ordinance at the direction of the Commissioner of Planning, on both public and private property.

The gross floor area of said structure does not exceed that of any previous certified structure.

Any such structure possessed a valid certificate of occupancy and/or certificate of compliance pursuant to § 68-25 of this chapter prior to the date of Superstorm Sandy.