[HISTORY: Adopted by the Board of Trustees
of the Village of Rockville Centre as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Awnings — See Ch. 96.
Bowling alleys and pool halls — See Ch. 105.
Building code — See Ch. 112.
Building drains — See Ch. 118.
Dangerous and unsafe buildings — See Ch. 122.
Moving of buildings — See Ch. 126.
Numbering of buildings — See Ch. 129.
Rehabilitation of buildings — See Ch. 132.
Master electricians — See Ch. 160.
Entertainment — See Ch. 163.
Escalators — See Ch. 169.
Fire escapes — See Ch. 181.
Fire prevention and control — See Ch. 185.
Licenses — See Ch. 222.
Lodging and boarding houses — See Ch. 225.
Plumbing — See Ch. 256.
Smoke emission — See Ch. 276.
Solid waste — See Ch. 283.
Streets and sidewalks — See Ch. 287.
Swimming pools — See Ch. 291.
Electric and water utilities — See Ch. 306.
Planning Board; site plan review; subdivision of land — See Ch. 330.
Signs and posting bills — See Ch. 335.
Zoning — See Ch. 340.
[Adopted 9-13-1971]
[Amended 5-3-2005 by L.L. No. 3-2005]
The public health, safety and welfare requires
the promulgation of a building code and of regulations consistent
therewith. This chapter shall continue to provide for the administration
and enforcement of Article 18 of the Executive Law, now known as the
“New York State Uniform Fire Prevention and Building Code”
(Uniform Code) as well as the International Building Code (IBC) in
the Village of Rockville Centre. This article is adopted pursuant
to § 10 of Article 2 of the Municipal Home Rule Law. Except
as otherwise provided within this article, state law, the Uniform
Code, and the IBC, all premises, regardless of use, are subject to
the provisions that follow. The Board of Trustees of the Village of
Rockville Centre (Board) had, by resolution passed on September 4,
1962, accepted the applicability of State Building Construction Code
pursuant to the provisions of Article 18 of the Executive Law and
is by law responsible for the administration and enforcement of the
provisions of that code. To that end, the Village had rules and regulations
relating to the administration and enforcement of such Building Construction
Code. The adoption of this article in 1971 replaced those rules and
regulations and defined the fire limits.
[Amended 5-3-2005 by L.L. No. 3-2005]
There is hereby designated in the Village of
Rockville Centre a Superintendent of Buildings and a Deputy Superintendent
of Buildings, who shall be appointed by the Village Board at a compensation
to be fixed by it. The Board of Trustees shall have the power to delegate
to the Mayor the authority to designate the Deputy Superintendent
to act in the absence, or inability to act, of the Superintendent
of Buildings. The term “Superintendent of Buildings,”
as used in this article, shall be the individual charged with the
enforcement of this article.
[Amended 5-3-2005 by L.L. No. 3-2005]
The Board of Trustees (Board) may appoint one
Building Inspector or more, as the need may appear, to act under the
supervision of the Superintendent of Buildings and to exercise any
portion of his or her powers and duties. The compensation of such
Building Inspectors shall be fixed by the Board.
[Amended 5-3-2005 by L.L. No. 3-2005]
No officer or employee of the Building Department
shall engage in any activity inconsistent with his or her duties or
with the interests of the Building Department, nor shall he or she,
during the term of his employment, engage directly or indirectly in
any building construction or alteration or building repair business,
in the furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within the Village of Rockville Centre,
except that this provision shall not prohibit any employee from such
activities in connection with the construction, alteration or repair
of a building or structure owned by him and not constructed for sale.
[Amended 5-3-2005 by L.L. No. 3-2005]
Except as otherwise specifically provided by
law, ordinance or regulation, or except as herein otherwise provided,
the Superintendent of Buildings shall:
A.
Administer and enforce all of the provisions of laws,
ordinances and regulations applicable to the construction, alteration,
repair, removal and demolition of buildings and structures, and the
installation and use of materials and equipment therein, and the location,
use, occupancy and maintenance thereof.
B.
Have the power to adopt rules and, from time to time,
to alter, amend, change or revoke such rules, to secure the intent
and purpose of this article and a proper enforcement of the laws,
ordinances and regulations governing building construction.
C.
Receive and review applications and issue permits
for the erection, alteration, removal and demolition of buildings
or structures, or parts thereof, including plumbing, drainage, air
conditioning, ventilation, heating, and examine the premises for which
such applications have been received or such permits have been issued
for the purpose of insuring compliance with laws, ordinances and regulations
governing building construction.
D.
Issue all appropriate notices or orders to remove
illegal or unsafe conditions, to require the necessary safeguards
during construction and, to insure compliance during the entire course
of construction with the requirements of such laws, ordinances and
regulations, make all inspections which, in his or her judgment, are
necessary or proper for the carrying out of his or her duties, except
that written reports of inspection from Building Inspectors or other
employees of the Building Department, or from generally recognized
and authoritative service and inspection bureaus, provided the same
are certified by the responsible official thereof, may be accepted
in lieu of any such inspections.
E.
Have the right to require an applicant for a building
permit to secure the performance of tests in the field by experienced,
professional persons, or by accredited and authoritative testing laboratories
or service bureaus or agencies, whenever the same may be necessary
or appropriate to assure compliance with the provisions of applicable
laws, ordinances and regulations covering building construction, to
ensure the adequacy of infrastructure, utilities, water, sewers, sanitation
and other resources and to evaluate the impact of the application
on the environment. The performance of any tests described in this
subsection shall be at the expense of the applicant for the building
permit.
F.
Receive and examine and approve or disapprove, within
a reasonable time after receipt thereof, applications to install any
new plumbing or drainage work in a building or structure, or to extend
or alter any existing plumbing or drainage work, whether such work
is to be connected with a sewer or not.
G.
Have the right to enter any building or premises in
said Village at any reasonable hour upon showing his or her badge
of office, which right shall also extend to any officer or employee
of the Building Department, so far as may be necessary for the performance
of his duties.
H.
Have all the powers of a peace officer of the Village,
including the power of arrest.
[Amended 5-3-2005 by L.L. No. 3-2005]
A.
The Superintendent of Buildings shall keep official
records of all transactions and activities conducted by the Building
Department, including all applications received, permits and certificates
issued, fees charged and collected, inspection reports and notices
of orders issued in accordance with New York State Education Department
laws.
B.
The Superintendent of Buildings shall, yearly, submit
to the Village Board a written report and summary of all business
conducted by the Building Department, including permits and certificates
issued, fees collected.
The Superintendent of Buildings may request
and shall receive, so far as may be necessary in the discharge of
his duties, the assistance and cooperation of the appropriate Police,
Fire and Health Departments, and of all municipal or other officials
exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein.
[Amended 5-3-2005 by L.L. No. 3-2005]
A.
No person, firm, partnership, corporation or entity
shall commence the erection, construction, enlargement, alteration,
removal, improvement, demolition, conversion or change in the nature
of the occupancy of any building or structure, or cause the same to
be done, without first obtaining a separate building permit from the
Superintendent of Buildings for each such building or structure; except
that no building permit shall be required for the performance of ordinary
repairs which are not structural in nature.
B.
Application for a building permit shall be made to
the Superintendent of Buildings on forms provided by the Building
Department and shall contain the following information:
(1)
A description of the land on which the proposed work
is to be done.
(2)
A statement of the use or occupancy of all parts of
the land and the proposed building or structure.
(3)
The valuation of the proposed work.
(4)
The name and address of the owner and the applicant
and licensed professionals engaged to work on the project shall be
shown. Where the applicant or owner is a corporation, the Superintendent
of Buildings may require the names and addresses of all officers,
directors and principal stockholders of said corporation, and shall
require the applicant or owner to notify the Building Department of
any changes to those names and addresses.
(5)
A brief description of the nature of the proposed
work.
(6)
A schematic utility/service site plan, including but
not limited to sewer, electric and water connections.
(7)
At least two sets of construction documents (drawings and/or specifications) as set forth in Subsection D of this section, which:
[Amended 6-17-2008 by L.L. No. 6-2008]
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer or other authorized professional
where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines.
(9)
Such other information as may reasonably be required
by the Superintendent of Buildings to establish compliance of the
proposed work with the requirements of the applicable building laws,
ordinances and regulations.
C.
Applications shall be made by the owner or lessee,
or agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. The Superintendent of Buildings
shall require a separate application to be filed for an elevator installation,
but in case such separate application is filed by the same applicant
in connection with and relating to an application to construct or
alter a building or structure, it shall not be necessary to duplicate
information contained in the application to construct or alter. Nothing
in this section shall prevent the Superintendent of Buildings from
requiring such additional information as may be necessary to an intelligent
understanding of any proposed work.
D.
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan and property survey, drawn to scale, showing the location and
size of all proposed new construction and all existing structures
on the site, the nature and character of the work to be performed
and the materials to be incorporated, distance from lot lines, the
relationship of structure on adjoining property, including the grades
thereof, widths and grades of adjoining streets, walks and alleys,
and, where required by the Superintendent of Buildings, details of
structural, mechanical and electrical work, including computations,
stress programs and other essential technical data. Each application
shall also be accompanied by a recent tax bill. Plans and specifications
shall bear the signature of the person responsible for the design
and drawings and, where required by §§ 7209 and 7307
of Article 147 of the Education Law of the State of New York, the
seal of a licensed architect or a licensed professional engineer.
The Superintendent of Buildings may waive the requirement for filing
plans and specifications for minor alterations.
E.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Building
Department and approval received from the Superintendent of Buildings
prior to the commencement of such change of work.
F.
No permit shall be issued until proof in form satisfactory
to the New York State Superintendent of Insurance and the Superintendent
of Buildings that Workers’ Compensation Insurance covering all
operations on the building for which a permit is requested has been
submitted to the Superintendent of Buildings and recorded by him for
inspection by representatives of the New York State Department of
Labor.
[Amended 5-3-2005 by L.L. No. 3-2005]
A.
The Superintendent of Buildings shall examine or cause
to be examined all applications for permits and the plans, specifications
and documents filed therewith, and shall approve or disapprove the
application within a reasonable time.
B.
Upon approval of the application and upon receipt
of all legal fees therefor, he or she shall issue a building permit
to the applicant upon the form prescribed by him and shall affix his
or her signature or cause his or her signature to be affixed thereto.
Upon approval of the application, both sets of plans and specifications
shall be endorsed with the word "approved." One set of such approved
plans and specifications shall be retained in the files of the Superintendent
of Buildings and the other set shall be returned to the applicant,
together with the building permit, and shall be kept at the building
site open to inspection by the Superintendent of Buildings or his
or her authorized representative at all reasonable times.
C.
If the application, together with plans, specifications
and other documents filed therewith describe proposed work which does
not conform to all of the requirements of the applicable building
regulations, the Superintendent of Buildings shall disapprove the
same and shall return the plans and specifications to the applicant.
Upon the request of the applicant, the Superintendent of Buildings
shall cause such disapproval, together with the reasons therefor,
to be transmitted to the applicant in writing.
A.
A building permit shall be effective for a period
of three months after issuance to authorize the commencement and continuation
of work in accordance with the application, plans and specifications
on which it is based. If substantial work pursuant to the permit is
commenced within three months after the date of its issuance, and
such work actively continues until completion, the permit shall remain
in effect during such period of time. In the event no substantial
construction is performed in any period of 60 days or more during
the term of a permit, the permit shall be deemed abandoned unless
extended by the Superintendent of Buildings pursuant to this subsection.
Notwithstanding any of the foregoing, a building permit shall not
remain effective for a period in excess of one year from the date
of issuance unless extended pursuant to this subsection. For good
cause shown and at the discretion of the Superintendent, and upon
payment of a fee as established by resolution of the Board of Trustees,
the Superintendent may grant a maximum of two extensions of a permit
for periods not exceeding three months each. Any further extensions
shall require the approval of the Board of Trustees, which may be
issued only upon written application and payment of any required extension
fee.
[Amended 5-3-2005 by L.L. No. 3-2005; 5-3-2010 by L.L. No. 4-2010]
B.
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications.
C.
The building permit card shall be displayed prominently
on the job site at all times during the progress of construction so
as to be readily seen from adjacent thoroughfares.
[Amended 5-3-2005 by L.L. No. 3-2005]
The Superintendent of Buildings may revoke a
building permit previously issued in the following instances:
A.
Where he or she 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 or she finds that the building permit was
issued in error, and should not have been issued, in accordance with
applicable laws.
C.
Where he or she finds that the work performed under
the permit is not being prosecuted in accordance with the provisions
of the application, plans or specifications.
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Superintendent of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005; 6-17-2008 by L.L. No.
6-2008]
A.
Whenever the Superintendent of Buildings has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations, or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued, or in an unsafe and dangerous manner,
he or she shall notify the owner of the property, or the owner's agent,
or the person performing the work, to suspend all work, and any such
persons shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall state the reason for the stop order and the conditions
under which the work may be resumed, and may be served upon the 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 or being worked upon and sending a copy of the
same by certified mail to said person.
B.
Remedy not exclusive. The issuance of a stop-work
order shall not be the exclusive remedy available to address any event
described in this section, and the authority to issue a stop-work
order shall be in addition to, and not in substitution for or limitation
of, the right and authority to pursue any other remedy or impose any
other penalty as authorized by law. Any such other remedy or penalty
may be pursued at any time, whether prior to, at the time of, or after
the issuance of a stop-work order.
[Amended 5-3-2005 by L.L. No. 3-2005]
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 the street or ground level. In case the construction
of the building or structure has proceeded beyond the cellar excavation,
all incompleted structures or openings shall be completely boarded
up in a manner satisfactory to the Superintendent of Buildings 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
and to present a neat appearance.
[Amended 5-3-2005 by L.L. No. 3-2005]
A.
No building which is to have a total floor area in
excess of 10,000 square feet shall be constructed except under the
supervision of a professional engineer or architect licensed or registered
in the State of New York. The affidavit shall be signed and sworn
to by the engineer or architect who will supervise the construction
of such building and shall have his or her professional seal affixed.
In the event that such engineer or architect shall, for any reason,
discontinue his or her supervision of the construction of the building
at any time prior to the completion, he or she shall notify the Superintendent
of Buildings of such fact immediately, and thereupon the building
permit issued for such construction shall be suspended and no further
work shall be done thereunder until another such affidavit shall be
filed with the Superintendent of Buildings certifying that supervision
of the construction has been resumed by another or the same engineer
or architect.
B.
No certificate of occupancy will be issued for a building
having a total floor area in excess of 10,000 square feet until a
final certificate is filed with the Superintendent of Buildings by
the engineer or architect who supervised the construction that the
building was in fact erected in conformity with the plans therefor
filed with the Building Department.
C.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Superintendent of Buildings or by an inspector authorized by the Superintendent of Buildings. The permit holder shall notify the Superintendent of Buildings when any element of work described in Subsection D of this section is ready for inspection.
[Added 6-17-2008 by L.L. No. 6-2008]
D.
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
[Added 6-17-2008 by L.L. No. 6-2008]
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized
by the building permit has been completed.
E.
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
[Added 6-17-2008 by L.L. No. 6-2008]
A.
Qualifications of plumbers. No person shall engage
in the business of plumbing or do any plumbing work within the Village
of Rockville Centre unless he or she shall be duly licensed by the
Village of Rockville Centre and maintain insurance coverage as provided
in this article, proof of which shall be filed with the Superintendent
of Buildings.
[Amended 5-16-1983 by L.L. No. 6-1983; 8-8-2005 by L.L. No. 5-2005]
B.
Application for license. Any person desiring a master
plumber's license shall make application in writing to the Plumbers'
Examining Board, which Board shall arrange for an examination of such
applicant. Where, however, the applicant is, at the time of making
the application, a duly licensed master or employing plumber, maintaining
his or her principal place of business in any other municipality in
the State of New York, which maintains standards equal to those of
the Village of Rockville Centre, he or she may submit a certified
or photostatic copy of a certificate of competency issued by such
municipality. In such case, examination may be waived and the application
approved, provided that such municipality has signified in writing
its willingness to reciprocate in like manner with the Village of
Rockville Centre. No certificate of competency shall be issued to
any applicant unless he or she has been examined by the Plumbers'
Examining Board of the Village of Rockville Centre. The fee in such
cases shall be the same as for those requiring examination by the
Plumber's Examining Board.
[Amended 5-3-2005 by L.L. No. 3-2005; 8-8-2005 by L.L. No. 5-2005]
C.
After such examination, said Plumbers' Examining Board
shall endorse on said application its approval or disapproval thereof
and, if approved, shall issue a certificate of competency. If the
application shall be passed on without examination as hereinbefore
provided, said Board shall endorse on said application its approval
or disapproval thereof and, if approved, shall issue a certificate
of approval. Upon issuance of such certificate of competency or approval
and compliance with the other provisions of this article, the Board
of Trustees through the Village Clerk may issue to such applicant
a license to do business as a master plumber in the Village of Rockville
Centre.
D.
Notice of change. Whenever a licensed master plumber
shall retire from business or remove his or her place of business
from the place named in his or her application for license, the Building
Department shall be notified of such retirement or removal and shall
be given the address of the new place of business in case of such
removal.
[Amended 5-3-2005 by L.L. No. 3-2005; 8-8-2005 by L.L. No. 5-2005]
E.
Revocation of license. A license granted under the provisions of this section may be revoked by the Board of Trustees after notice to the licensee that it is proposed to revoke the license and a hearing in the matter at which the licensee shall have an opportunity to appear and be heard in relation to such revocation, in accordance with Chapter 222 of the Rockville Centre Code.
[Amended 5-3-2005 by L.L. No. 3-2005]
F.
License restricted to individual. No master plumber
shall directly or indirectly allow his or her license to be used in
connection with work not actually done by him or her or under his
or her supervision. A partnership or corporation may establish, engage
in, or carry on the business of plumbing under a master plumber's
license granted in accordance with the provisions hereof to a master
plumber who is a partner or an officer of such corporation, and who
is engaged in such business as supervising or directing master plumber,
and who will be responsible for the carrying on of said business in
accordance with the provisions of the laws, ordinances and regulations
of the state, county and Village applicable to said business.
[Amended 5-3-2005 by L.L. No. 3-2005]
G.
Insurance. Every master plumber shall file with the
Village Clerk before issuance of a license, and upon each renewal
of said license, as hereinafter provided, proof of maintenance of
an insurance policy with minimum limits of one million dollars ($1,000,000)
primary insurance and two million dollars ($2,000,000) excess insurance,
indemnifying and saving harmless the Village of Rockville Centre of
and from all damages or claims of damages to a public sewer, water
service mains or pipes, to a highway or the surface thereof, to public
or private property or to any person, arising from unlawful or negligent
acts or omissions of said master plumber, his or her agents or employees,
or anyone operating under the authority of his or her license, in
making connection with a public sewer, in opening a public sewer,
or in making an opening or excavation in a public highway, public
square or public park, or in maintaining, guarding, refilling or working
in or about such opening or excavation, or in maintaining or guarding
objects or materials taken from such opening or excavation or used
in connection therewith. Said insurance coverage shall remain in full
force and effect until the 31st day of December of the year of its
issuance, unless sooner canceled by the Board of Trustees, and shall
be and remain security for indemnity for damages, as aforesaid, during
the time it is in force. Renewal insurance policies shall in all cases
be filed with the Superintendent of Buildings on or before December
31 of each year.
[Amended 5-16-1983 by L.L. No. 6-1983; 5-3-2005 by L.L. No. 3-2005; 8-8-2005 by L.L. No. 5-2005]
H.
Plumbers' Examining Board. The Board of Trustees shall
appoint a Plumbers' Examining Board which shall consist of three members,
one of whom shall be designated as Chairman. The Board of Trustees
may also appoint not more than three alternate members of said Examining
Board, who shall sit in the place of absent or recused regular members
of the Board in the order of seniority of their appointment. The members
and alternate members of said Examining Board shall hold office at
the pleasure of the Board of Trustees and shall receive such compensation
as the Board of Trustees may fix. Members of said Examining Board
shall be master plumbers who shall have had not less than 10 years'
practical experience in the plumbing trade. The Plumbers' Examining
Board shall meet at the call of the Superintendent of Buildings. Notice
of meetings of the Board shall be given to members and alternate members
by mailing notice of the time and place of meeting, addressed to each
member and alternate member at his or her last known post office address,
at least 24 hours before the time of such meeting. Notice of such
meetings shall also be given in accordance with the New York State
Open Meetings Law.[1] The Plumbers' Examining Board shall make rules and regulations
for the conduct of its business as an Examining Board. Said Examining
Board shall have the power to examine all applicants for a license,
shall determine their fitness for a license under this article and
shall recommend to the Superintendent of Buildings that a license
be issued to each qualified applicant who passes such examination.
[Amended 5-3-2005 by L.L. No. 3-2005; 8-8-2005 by L.L. No. 5-2005; 9-10-2007 by L.L. No. 5-2007]
[1]
Editor's Note: See Art. 7 of the New York
State Public Officers Law.
A.
Leaders. All buildings hereafter constructed shall
be provided with proper leaders for conducting water from the roofs.
In no case shall the water from leaders be allowed to flow upon the
sidewalk. The water from the leaders shall be conducted by proper
pipe or pipes below the surface to a dry well. In new buildings leaders
may be placed inside of wall.
B.
Street encroachments.
(1)
General. Except as otherwise provided in this section,
no part of a building hereafter erected or altered shall project beyond
the property line.
(2)
Projection permits revocable. Any permission, expressed
or implied, to construct part of a structure so as to project beyond
the building line, is revocable at will by the Board of Trustees.
(3)
Structural support. The footings of street walls may
project not more than 12 inches, when such projecting parts of footings
are not less than seven feet below the curb level.
(4)
Permissible projections.
(a)
No door shall be hung so as to project more
than 12 inches, when fully open, beyond the street property line.
(b)
Marquees at entrances to hotels, theaters and
moving-picture houses may extend only beyond the property line and
across the sidewalk to within four feet of the curbline, provided
they are not less than 10 feet above the curb level at all points,
except that if such marquee does not project more than five feet from
the building, same may be not less than eight feet above the curb
level at all points. Marquees shall be constructed of iron and wire
glass or other incombustible materials, securely supported from the
building and properly drained, and provided further that the plans
and specifications thereof are approved by the Superintendent of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005]
(5)
Areas. Every area existing when this article becomes
effective that is open at the top and that projects into any street
or public walk shall be covered at the top with an iron or steel grating
set flush with the sidewalk.
(6)
[1]Project prohibited by other law not legalized. Nothing
in this article shall be deemed to authorize any projection beyond
the property line that is prohibited by any other law or ordinance.
[1]
Editor's Note: Former Subsection B(6), Cellar
stairs, cellar doors, was repealed 5-3-2005 by L.L. No. 3-2005. This
local law also redesignated former Subsection B(7) as B(6).
A.
When excavation exceeds four feet. If such excavation
is not intended to be, or shall not be carried to a depth of more
than four feet below the curb, the owner of any wall, building or
structure, the safety of which may be affected by said excavations,
shall preserve and protect the same from injury and support the same
by proper foundations; and, when necessary for that purpose, shall
be permitted to enter upon the premises where such excavation is to
be made. In case such wall, building or structure, however, is so
located that the curb to which it is properly referred is at a higher
level than the curb to which the excavation is referred, such part
of any necessary underpinning or foundation as may be due to the difference
in curb levels shall be made and maintained at the joint expense of
the person causing the excavation to be made and the owner of such
wall, building or structure.
B.
Superintendent of Buildings may act. If the persons
whose duty it shall be under the provisions of this code to properly
guard and protect an excavation, or to prevent adjoining earth from
caving in or to preserve or protect any wall, building or structure
from injury, shall neglect or fail to do so after having had a notice
from the Superintendent of Buildings, such official may enter upon
the premises and employ such labor, and furnish such materials and
take such steps as, in his or her judgment, may be necessary to prevent
adjoining earth from caving in, or to make such wall, building or
structure safe and secure, or to prevent the same from becoming unsafe
and dangerous, at the expense of the person whose duty it is to keep
the same safe and secure.
[Amended 5-3-2005 by L.L. No. 3-2005]
A.
No building hereafter erected shall be used or occupied,
in whole or in part, until a certificate of occupancy shall have been
issued by the Superintendent of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005]
B.
No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance
of a building permit, shall continue to be occupied or used for more
than 30 days after the completion of the alteration or work unless
a certificate of occupancy shall have been issued by the Superintendent
of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005]
C.
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Superintendent of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005]
D.
The owner or his or her agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, for new construction and/or major alterations involving structural changes, there shall be filed with the Superintendent of Buildings an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work and who, by reason of his or her experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. There shall also be filed an affidavit of final cost, a final survey and a certificate issued by an electrical inspection agency, as defined by § 115-26 of the Rockville Centre Village Code.
[Amended 3-6-1995 by L.L. No. 1-1995; 5-3-2005 by L.L. No. 3-2005]
E.
In addition to the certification when required by
this section as to compliance with approved plans and specifications,
and provisions of the law, all certificates of occupancy shall state
the purpose for which the building(s) shall be used in the several
parts, the maximum permissible live loads on the several floors, the
number of persons that may be accommodated in the several stories,
in case such number is limited by any provision of all applicable
ordinances or the approved specifications, and all stipulations of
the permit, if any.
[Amended 5-3-2005 by L.L. No. 3-2005; 6-17-2008 by L.L. No.
6-2008]
A.
Before issuing a certificate of occupancy, the Superintendent
of Buildings shall examine, or cause to be examined, all buildings,
structures and sites for which an application has been filed for a
building permit to construct, enlarge, alter, repair, remove, demolish
or change the use or occupancy; and he or she may conduct such inspections
as he or she deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued. There shall
be maintained in the Building Department a record of all such examinations
and inspections, together with a record of findings of violation of
the law.
B.
In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Superintendent of Buildings, at the expense of the applicant
for the certificate of occupancy, shall be provided to the Superintendent
of Buildings prior to the issuance of the certificate of occupancy:
A.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulation, and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building permit, the Superintendent of Buildings
shall issue a certificate of occupancy upon the form provided by the
Building Department. If it is found that the proposed work has not
been properly completed, the Superintendent of Buildings shall refuse
to issue a certificate of occupancy and shall order the work completed
in conformity with the building permit and in conformity with the
applicable building regulations.
[Amended 5-3-2005 by L.L. No. 3-2005]
B.
A certificate of occupancy shall be issued, after
compliance and within 30 days after application therefor is made.
C.
The certificate of occupancy shall certify that the
work has been completed, and that the proposed use and occupancy is
in conformity with the provisions of the applicable building and zoning
laws, ordinances and regulations, and shall specify the use or uses
and the extent thereof to which the building or structure or its several
parts may be put.
D.
Contents of certificates of occupancy. A certificate
of occupancy shall contain the following information:
[Added 6-17-2008 by L.L. No. 6-2008]
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable
to an entire structure, a description of that portion of the structure
for which the certificate of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with
the issuance of the building permit; and
(10)
The signature of the official issuing the certificate
of occupancy and the date of issuance.
[Amended 5-3-2005 by L.L. No. 3-2005]
Upon request, the Superintendent of Buildings
may issue a temporary certificate of occupancy for a building or structure,
or part thereof, before the entire work covered by the building permit
shall have been completed provided such portion or portions as have
been completed may be occupied safely without endangering life or
the public welfare. A temporary certificate of occupancy shall remain
effective for a period not exceeding three months from its date of
issuance. For good cause and at the discretion of the Superintendent
of Buildings, he or she may allow a maximum of two extensions for
periods not exceeding three months each.
[Added 6-17-2008 by L.L. No. 6-2008]
If the Superintendent of Buildings determines
that a certificate of occupancy or a temporary certificate was issued
in error because of incorrect, inaccurate or incomplete information,
and if the relevant deficiencies are not corrected to the satisfaction
of the Superintendent of Buildings within such period of time as shall
be specified by the Superintendent of Buildings, the Superintendent
of Buildings shall revoke or suspend such certificate.
[Added 6-17-2008 by L.L. No. 6-2008]
The Chief of any fire department providing fire-fighting
services for a property within the Village shall promptly notify the
Superintendent of Buildings of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
[Added 6-17-2008 by L.L. No. 6-2008]
A.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Table 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
Hazardous processes and activities, including,
but not limited to, commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 50 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Board of Trustees of the Village.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Superintendent of Buildings. Such application
shall include such information as the Superintendent of Buildings
deems sufficient to permit a determination by the Superintendent of
Buildings that quantities, materials, and activities conform to the
requirements of the Uniform Code. If the Superintendent of Buildings
determines that tests or reports are necessary to verify conformance,
such tests or reports shall be performed or provided by such person
or persons as may be designated by or otherwise acceptable to the
Superintendent of Buildings, at the expense of the applicant.
C.
Inspections. The Superintendent of Buildings or an
inspector authorized by the Superintendent of Buildings shall inspect
the subject premises prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A(1) of this section is to be conducted at a location, the Superintendent of Buildings may require a separate operating permit for each such activity, or the Superintendent of Buildings may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the Superintendent of Buildings to be consistent with local conditions.
The effective period of each operating permit shall be specified in
the operating permit. An operating permit may be reissued or renewed
upon application to the Superintendent of Buildings, payment of the
applicable fee, and approval of such application by the Superintendent
of Buildings.
F.
Revocation or suspension of operating permits. If
the Superintendent of Buildings determines that any activity or building
for which an operating permit was issued does not comply with any
applicable provision of the Uniform Code, such operating permit shall
be revoked or suspended.
G.
Fee. The fee specified in or determined in accordance
with the provisions of this Code must be paid at the time of submission
of an application for an operating permit, for an amended operating
permit, or for reissue or renewal of an operating permit.
[Added 6-17-2008 by L.L. No. 6-2008]
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
Superintendent of Buildings or an inspector designated by the Superintendent
of Buildings at the following intervals:
(1)
Firesafety and property maintenance inspections
of buildings or structures which contain an area of public assembly
shall be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections
of buildings or structures being occupied as dormitories shall be
performed at least once every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Superintendent of Buildings or an inspector designated by the Superintendent of Buildings at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Superintendent of Buildings of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Superintendent of Buildings of any other information, reasonably believed by the Superintendent of Buildings to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this Subsection B shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any
other provision of this Code shall supersede, limit or impair the
powers, duties and responsibilities of the New York State Office of
Fire Prevention and Control (OFPC) and the New York State Fire Administrator
under Executive Law § 156-e and Education Law § 807-b.
[Amended 5-3-2005 by L.L. No. 3-2005]
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not comply
with the requirements of the applicable building laws, ordinances
or regulations, the Superintendent of Buildings may require the same
to be subjected to tests, at the applicant's expense, in order to
furnish proof of such compliance.
[Added 6-17-2008 by L.L. No. 6-2008]
The Superintendent of Buildings shall review
and investigate complaints which allege or assert the existence of
conditions or activities that fail to comply with the Uniform Code,
the Energy Code, the Village Code, or any other local law, ordinance,
rule or regulation adopted for administration and enforcement of the
Uniform Code or the Energy Code. The process for responding to a complaint
shall include such of the following steps as the Superintendent of
Buildings may deem to be appropriate:
A.
Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
B.
If a violation is found to exist, providing the owner
of the affected property and any other person who may be responsible
for the violation with notice of the violation and opportunity to
abate, correct or cure the violation, or otherwise proceeding in the
manner described in this Code.
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
[Amended 1-22-1990 by L.L. No. 1-1990; 5-3-2005 by L.L. No. 3-2005]
In accordance with § 382 of Article
18 of the Executive Law of the State of New York:
A.
In addition to and not in limitation of any power
otherwise granted by law, every local government and its authorized
agents shall have the power to order in writing the remedying of any
condition found to exist in, on or about any building in violation
of the Uniform Fire Prevention and Building Code and to issue appearance
tickets for violations of the Uniform Code.
B.
Any person, having been served, either personally
or by registered or certified mail, with an order to remedy any condition
found to exist in, on, or about any building in violation of the Uniform
Fire Prevention and Building Code, who shall fail to comply with such
order within the time fixed by the regulations promulgated by the
Secretary[1] pursuant to Subdivision 1 of § 381 of this article,[2] such time period to be stated in the order, and any owner,
builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents or any other person taking part or
assisting in the construction of any building who shall knowingly
violate any of the applicable provisions of the Uniform Code or any
lawful order of a local government, a county or the Secretary made
thereunder regarding standards for construction, maintenance, or fire
protection equipment and systems, shall be punishable by a fine of
not more than $1,000 per day of violation, or imprisonment not exceeding
one year, or both.
C.
Where the construction or use of a building is in
violation of any provision of the Uniform Code or any lawful order
obtained thereunder, a Justice of the Supreme Court at a special term
in the judicial district in which the building is located may order
the removal of the building or an abatement of the condition in violation
of such provisions. An application for such relief may be made by
the Secretary,[3]an appropriate municipal officer, or any other person aggrieved
by the violation.
[3]
Editor's Note: Section 372(15) of the Executive
Law defines the “Secretary” as New York State's Secretary
of State.
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts or conduct
a business in or about any premises, and these remedies shall be in
addition to penalties otherwise prescribed by law.
[Amended 5-3-2005 by L.L. No. 3-2005]
No oversight or dereliction of duty on the part
of the Superintendent of Buildings or on the part of any employee
of the Building Department shall legalize the erection, construction,
alteration, removal of, use or occupancy of a building or structure
that does not conform to the applicable building or plumbing laws,
ordinances or regulations or that does not conform with the provisions
of an application, plans or specifications on the basis of which a
building permit or plumbing permit was issued or that does not conform
to the applicable provisions of the Rockville Centre Code.
[Added 6-17-2008 by L.L. No. 6-2008]
A.
The Superintendent of Buildings shall keep permanent
official records of all transactions and activities conducted by all
code enforcement personnel, including records of:
(1)
All applications received, reviewed and approved
or denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy,
temporary certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All other features and activities specified
in or contemplated by this chapter; and
(9)
All fees charged and collected.
B.
All such records shall be subject to the Freedom of
Information Law,[1] and to the extent required by such law shall be open for
public inspection during normal business hours. All plans and records
pertaining to buildings or structures, or appurtenances thereto, shall
be retained for at least the minimum time period required by state
law and regulation.
[1]
Editor's Note: See Public Officers Law § 84
et seq.
[Added 6-17-2008 by Ord. No. 6-2008]
A.
The Superintendent of Buildings shall annually submit to the Board of Trustees of the Village a written report and summary of all business conducted by the Superintendent of Buildings and the inspectors, including a report and summary of all transactions and activities described in § 115-25.1 and a report and summary of all appeals or litigation pending or concluded.
B.
The Superintendent of Buildings shall annually submit
to the Secretary of State, on behalf of the Village, on a form prescribed
by the Secretary of State, a report of the activities of the Village
relative to administration and enforcement of the Uniform Code.
C.
The Superintendent of Buildings shall, upon request
of the New York State Department of State, provide to the New York
State Department of State, from the records and related materials
the Village is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
the Village in connection with administration and enforcement of the
Uniform Code.
A.
All electrical installations must comply in all respects with the
applicable provisions of the New York State Uniform Building and Fire
Prevention Code and the rules and regulations of the Village Municipal
Electric Utility as amended at the date of installation. All work
must be filed with and approved by an electrical inspection agency
approved by the Village of Rockville Centre.
B.
Inspections.
(1)
Inspection of electrical work shall only be performed by an electrical
inspector approved by the Village Board of Trustees.
(2)
Insurance.
(a)
Inspection of electrical work shall only be performed by an
approved electrical inspector which carries public liability insurance.
Such insurance shall:
[1]
Name the Village of Rockville Centre as an additional insured.
[2]
Be in an amount not less than $10,000,000 for all damages arising
out of bodily injury to one person.
[3]
Be in an amount not less than $10,000,000 for all damages arising
out of bodily injury in any one accident nor less than $10,000,000
for property damage.
[4]
Remain in full force and effect throughout the period such inspector
is approved to perform electrical inspections in the Village of Rockville
Centre.
(b)
Said insurance shall provide that no cancellation or material
modification of such policy shall be effective unless at least 15
days' prior notice thereof is given by registered or certified
mail to the Superintendent of Buildings of the Village of Rockville
Centre.
(3)
No electrical inspector shall perform any electrical inspections
in the Village of Rockville Centre unless a valid and current certificate
of insurance is on file with the Superintendent of Buildings of the
Village of Rockville Centre.
C.
No person, while acting as an electrical inspector, shall inspect
any electrical work which he or she has performed in his or her capacity
as a licensed master electrician, or which was performed under such
person's supervision or behalf. No electrical inspector shall
perform any electrical inspection of any installation or premises
or electrical work with which such electrical inspector or any principal
or employee of such inspector, has any direct or indirect affiliation.
D.
The Village Board of Trustees may, by resolution, designate one or
more qualified persons or entities to act as an electrical inspector
for the Village of Rockville Centre. Any person or entity so designated
shall be required, upon request of the Village Building Department
or Electric Department to perform in any one official year not more
than two inspections without charge to the Village.
[1]
Editor’s Note: This local law also provided that it
take effect upon adoption and filing, except that Subsection D not
take effect until 7-1-2011.
[Amended 5-3-2005 by L.L. No. 3-2005]
A.
When prohibited. Within the fire limits, any existing
frame, wood or other combustible structure which, in the judgment
of the Superintendent of Buildings, may be damaged from any cause
whatsoever to an amount greater than 1/2 of its value, exclusive of
foundations, shall not be repaired or rebuilt, but shall be taken
down, except that if said frame building shall have been occupied
exclusively as a one-family residence when said building is damaged
by fire, or otherwise mentioned above, the amount of permissible damage
shall be increased to 75%.
B.
In case the owner or owners of the structure which
may be damaged or in need of repairs shall be dissatisfied with the
decision of the Superintendent of Buildings as to the extent of such
damage or need of repairs, then the amount or extent of such damage
or required repairs shall be determined by competent engineers, architects
or builders of at least 10 years' experience, one appointed by the
Superintendent of Buildings, one by the owner or owners of the structure
and, in case these two do not agree, one selected by them jointly.
The report of these shall be reduced to writing and, when signed by
any two of them, shall be conclusive. No building the subject of survey
shall be in any manner repaired, altered or rebuilt until after the
decision of the surveyors shall have been rendered. The expense of
the expert appointed by the owner shall be paid by him, the expense
of the expert appointed by the Building Official shall be paid by
the Village, and the expense of the third expert shall be paid in
equal parts by the owner and the Village.
[Amended 11-21-1977 by L.L. No. 7-1977]
Fire Limit A is hereby established to include
all districts other than Residential A District; provided, however,
that one- or two-family residences in Residential B or C Districts
shall be considered to be excluded from Fire Limit A.
[Amended 12-4-1972; 11-21-1977 by L.L. No.
8-1977]
A.
It shall be the duty of the owner of the building
to place a mirror or mirrors in the rear of elevators so as to make
the interior thereof visible to a person prior to entering such elevator,
such mirror to be of a design and size prescribed by the Superintendent
of Buildings so as to ensure proper safety; and to supply the Building
Department with a certificate of inspection from an acceptable elevator
company or insurance company. The required inspection and testing
shall be made at intervals as follows:
B.
The certificate shall indicate that the elevator,
escalator and/or dumbwaiter is in proper working order and complies
with the regulations of the Uniform Code and generally accepted standards.
[Amended 5-3-2005 by L.L. No. 3-2005]
C.
If the owner fails to supply the certificates, as
required, the Building Department shall have said elevator or escalator
inspected. The fee for such inspection shall be at the levels fixed
from time to time by resolution of the Board of Trustees of the Village
of Rockville Centre. Such fee shall be paid by the owner of the building.
D.
Any person who knowingly and willfully violates any
of the provisions of this section or violates or fails to comply with
any order or requirements of an inspector, or other official charged
with the duty of inspecting elevators, shall be guilty of a violation
punishable to the maximum extent provided by law but not to exceed
$500 or imprisonment for not more than 15 days.
[Amended 12-4-1972]
A.
All fees prescribed in this section shall be collected
by the Superintendent of Buildings, and no permits shall be issued
by the Superintendent of Buildings until such fees have been paid.
The Superintendent of Buildings is authorized to fix by regulation
a schedule of square feet and/or cubic feet for buildings or structures
of varying types of construction and classes of occupancy to serve
as the basis for determining estimated costs. The estimated cost,
which shall be the amount of money that would ordinarily be expended
for good safe construction in the erection of the complete building
or structure exclusive of interior decoration of the structure, shall
be determined by the Superintendent of Buildings.
[Amended 5-3-2005 by L.L. No. 3-2005]
B.
The fee for any permit, license or certificate of
occupancy or the installation or alteration of furnaces or heat-producing
appliances, elevators, standpipe systems, sprinkler systems, refrigerator
systems or central air-conditioning connections, oil burners or tanks,
gasoline tanks or the renewal of licenses as required by the provisions
of this article shall be at the levels fixed from time to time by
resolution of the Board of Trustees of the Village of Rockville Centre.
C.
Every license shall expire on the 31st day of December
of the year in which it is issued but may be renewed without examination
for each succeeding year upon payment, on or before January 31st of
such succeeding year, of such fee as may be fixed from time to time
by resolution of the Board of Trustees of the Incorporated Village
of Rockville Centre.
The powers enumerated in this article shall
be interpreted liberally to effectuate the purposes thereof and shall
not be construed as limitations of powers.
[Adopted 11-19-1979 by L.L. No. 10-1979]
The following definitions shall apply throughout
this article:
An independent lighting system other than that of the principal
lighting system, powered by a source of electricity independent of
such principal lighting system, which is capable of providing an amount
of illumination for exits, aisles, halls, passageways, corridors,
stairways or other areas so as to provide a light intensity of at
least 0.5 footcandle power at the floor or ground level for a period
of not less than 30 minutes, and which shall operate automatically
and independently in the event of failure of the electrical current
in the principal lighting system.
An independent power system other than that supplied by the
principal electrical system, which will generate a sufficient quantity
of electricity to operate all electrically powered machines, equipment,
instruments, devices or contrivances as required in this article.
Any building providing three or more apartment units to rent.
Any building providing rooms for rent properly licensed pursuant to the provisions of Chapter 225 of the Code of the Village of Rockville Centre.
A.
No building herein defined shall be occupied unless
and until an emergency lighting system shall be installed and maintained
in accordance with the provisions of this article.
B.
Emergency lighting. Emergency lighting systems shall
be provided as follows:
(1)
Rooming houses and boardinghouses: to illuminate all
exit halls, corridors and stairways.
(2)
Multiple dwellings: In all buildings providing three
apartment units or more, there shall be provided an emergency lighting
system for all exits, aisles leading directly to exits, stairways,
stair enclosures, elevators and all halls, passageways and corridors
exceeding 100 feet in length.
Emergency lighting systems will be connected
directly to rechargeable-type storage batteries that are certified
capable of achieving the desired result. All installations and sources
of emergency power will be subject to the direct approval of the Superintendent
of the Department of Buildings.
A.
It shall be the responsibility of each owner, agent
or lessee of any building requiring emergency lighting and/or power
as required by this article to submit a plan of such system to the
Building Department for approval prior to installation, showing the
number of units, size, location, life and replacement span of the
power source as recommended by the manufacturer and any other pertinent
or requested information applicable thereto.
B.
Emergency lighting and power sources shall be capable
of sustaining such lighting and/or power for a minimum period of 30
minutes or for such longer periods of time as required by the Superintendent
of Buildings, due to the presence of special or unusual conditions.
C.
Transfer to the required emergency lighting and/or
power source shall be made within 15 seconds upon failure of the principal
system.
D.
All exit lights and exit directional signs shall be
connected to or supplied with emergency lighting.
E.
All emergency lighting and power equipment systems
shall be designed to incorporate testing devices which are easily
accessible to authorized representatives of the Village of Rockville
Centre.
F.
All emergency lighting and/or power systems shall
be maintained in an operative condition at all times while the building,
as defined in this article, is occupied.
G.
It shall be the duty of the inspecting officer of
the Building Department to inspect the installation upon completion
to ascertain whether the system has been installed in conformity with
the approved plans prior to approval and acceptance by the Building
Department, and at such other times to determine whether or not such
system is being maintained in an operative condition.
In any case where a provision of this article
is found to be in conflict with the provisions of any building, fire,
safety or health law, ordinance, law or code of this Village of Rockville
Centre existing on the effective date of this article, the provision
which establishes the higher standard for the promotion and protection
of the health, safety and welfare of the people shall prevail. In
any case where a provision of this article is found to be in conflict
with the provision of any other law, ordinance or code of this Village
of Rockville Centre existing on the effective date of this article
which establishes a lower standard for the promotion and protection
of the health, safety and welfare of the people, the provision of
this article shall be deemed to prevail, and such other laws, ordinances
or codes are hereby declared to be repealed to the extent that they
may be in conflict with this article.
The owner or owners of any multiple dwelling or rooming house as defined in § 115-32 of this article shall comply with the provisions of this article on or before April 1, 1980; provided, however, that the time for compliance may be extended by the Village Clerk-Treasurer if there is an application made by such owner or owners to the Village Clerk-Treasurer. Such application must be filed no later than February 15, 1980, and must contain a sworn statement by the applicant that the applicant has contracted for the installation of the emergency lighting required by this article but that the installation has not been either begun or completed, and will show the date of the completion.
A.
For any and every offense against the provisions of
this article, the owner, general agent or contractor of a building
or premises where such offense shall have been committed or shall
exist, and the general agent, architect, builder, contractor or any
other person who knowingly commits, takes part or assists in the commission
of any such offense or who maintains a building or premises in which
any offense shall exist, is guilty of a violation punishable by a
fine not exceeding $250 or imprisonment for a period not exceeding
15 days for each such offense, or by both such fine and imprisonment.
B.
In the event that such offense shall continue for
a period in excess of one week, each additional week or part of a
week shall constitute a separate violation.
