[HISTORY: Adopted by the Town Board of the
Town of Shelter Island 11-2-2001 by L.L. No. 15-2001.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 45.
Home improvement contractors — See Ch. 79.
Subdivision of land — See Ch. 111.
Zoning — See Ch. 133.
[1]
Editor's Note: This local law also repealed
former Ch. 43, Building Construction Administration, adopted 4-18-1966,
as amended.
Those rules and regulations promulgated pursuant
to Article 18 of the Executive Law of the State of New York, collectively
known as "9 NYCRR - New York State Fire Prevention and Building Code,"
as adopted by the Town of Shelter Island in 1966, are applicable to
all buildings and construction in the Town of Shelter Island. Said
rules and regulations are hereinafter referred to as "the code."
The Building Inspector is hereby designated
as the Superintendent of Buildings under the code. The Town Board
of the Town of Shelter Island may appoint a Deputy Building Inspector
as the need may appear, to act under the supervision of the Building
Inspector and to exercise any portion of his powers and duties. Whenever
the Building Inspector is absent or unable to act, the Deputy Building
Inspector is authorized to perform his functions.
No officer or employee of the Building Inspector's
office shall engage in any activity inconsistent with his duties or
with the interests of the Building Inspector's office; nor shall he,
during the term of his employment, be engaged directly or indirectly
in any building 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 Town
of Shelter Island, except only that this provision shall not prohibit
any employee from such activities in connection with the construction
of a building or structure owned by him and not constructed for sale.
A.
Whenever by law, rule or regulation in respect to
the Building Code the words "Superintendent of Buildings" are used,
they shall be deemed to mean the Building Inspector or his deputy,
as the case may be. The Building Inspector shall administer and enforce
all rules, regulations, laws and ordinances applicable to the Building
Code and 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.
He shall receive applications and issue permits, certificates
and other documents concerning the erection, alteration, removal and
demolition of buildings or structures or parts thereof and shall examine
the premises for which such applications have been received or such
permits have been issued for the purpose of ensuring compliance with
laws, ordinances and regulations governing building construction.
C.
He shall issue all appropriate notices or orders to
remove illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances and
regulations. He shall make all inspections which are necessary or
proper for the carrying out of his duties, except that he may accept
written reports of inspection from generally recognized and authoritative
service and inspection bureaus, provided that same are certified by
a responsible official thereof.
D.
Whenever same may be necessary or appropriate to assure
compliance with the provisions of applicable laws, ordinances or regulations
covering building construction, he may require the performance of
tests in the field by experienced professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspections, reports and notices and orders issued.
All such records shall be public records open to public inspection
during business hours.
B.
The Building Inspector shall annually submit to the
Town Board a written report and summary of all business conducted
by the Building Inspector, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made and appeals or litigation pending.
[Amended 2-13-2004 by L.L. No. 2-2004; 10-27-2017 by L.L. No. 11-2017; 7-19-2019 by L.L. No. 14-2019]
A.
Building permits shall be required for work which
must conform to the Uniform Code. No person, firm or corporation 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 same to be done,
without first obtaining a building permit from the Building Inspector
for each such building or structure, except that no building permit
shall be required for nonstructural work at a total cost not exceeding
$10,000.
(1)
Exemptions: The following shall not require a building permit. An
exemption from the requirement to obtain a permit shall not be deemed
an authorization for work to be performed in violation of the Uniform
Code.
(a)
Construction or installation of one-story detached structures
associated with one- or two-family dwellings or multiple single-family
dwellings (townhouses) which are used for tool and storage sheds,
playhouses or similar uses, provided the gross floor area does not
exceed 144 square feet (13.88m2);
(b)
Installation of swings and other playground equipment associated
with a one or two family dwelling or multiple single-family dwellings
(townhouses);
(c)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely aboveground;
(d)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(e)
Construction of retaining walls unless such walls support a
surcharge or impound Class I, II or IIIA liquids;
(f)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(g)
Installation of window awnings supported by an exterior wall
of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(h)
Installation of partitions or movable cases less than five feet
nine inches in height;
(i)
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(j)
Replacement of any equipment provided the replacement does not
alter the equipment's listing or render it inconsistent with the equipment's
original specifications;
(k)
Repairs, provided that such repairs do not involve:
[1]
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load bearing component;
[2]
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
[3]
The enlargement, alteration, replacement or relocation of any
building system;
[4]
The removal from service of all or part of a fire protection
system for any period of time.
(2)
Nothing in this section shall constitute an exception to any other
statute, code, ordinance, requirement or rule including without exception
requirements of the Federal Emergency Management Agency, The New York
State Department of Environmental Conservation, The Suffolk County
Department of Health, the New York Sate Fire Prevention and Building
Code, the Shelter Island Zoning Code, and the Shelter Island Wetlands
Code.
B.
Application for a building permit shall be made to
the Building Inspector on forms provided by him. Application for a
certificate of occupancy for that improvement shall be applied for
at the same time.
C.
Copies of plans and specifications and a current survey
(when required) shall accompany every application for a permit and
shall be filed in duplicate. All surveys submitted must show the exact
footprint of the proposed construction (including porches, decks,
etc., and air conditioners or other accessory equipment). The survey
submitted should show the same building, in the same configuration,
as the submitted plans.
D.
The survey shall be scaled no more than 50 feet to
the inch. At the discretion of the Building Inspector, the survey
may be required to be topographic, and include flood zones and the
edge of wetland boundaries and any other information as the Building
Inspector may deem to be necessary.
E.
Plans shall be drawn to a scale of not less than 1/4
inch per foot.
F.
All plans and specifications shall be of sufficient
clarity to indicate the nature and character of the work proposed
and show that the code will be complied with throughout. Computations,
stress diagrams and other data necessary to show the correctness of
the plans shall accompany same when required by the Building Inspector.
G.
Application shall be made by the owner or lessee,
or agent of either, or by the architect or engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
H.
Plans and specifications shall bear the signature
of the person responsible for the design and drawings and, where required
by § 7302, as amended, of Article 147 of the Education Law
of the State of New York, the seal of a licensed architect or a licensed
professional engineer.
I.
Amendments to the application or to the plans and
specifications accompanying same may be filed at any time prior to
the commencement of that portion of the work, subject to the approval
of the Building Inspector.
[Added 7-19-2019 by L.L. No. 14-2019]
A septic registration is required to install, move, repair or
replace the septic system on a property, although the permit for an
emergency repair can be obtained seven days after the actual work
without penalty.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within a reasonable time.
B.
Upon approval of the application and upon receipt
of the legal fees therefor, he shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereto.
C.
Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "approved." One
set of such approved plans shall be retained in the files of the Building
Inspector, and one shall be returned to the applicant, together with
the building permit, and shall be kept at the building site open to
inspection by the Building Inspector or his authorized representative
at all reasonable times.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the Building Inspector shall disapprove same and shall
return the plans and specifications to the applicant. Upon the request
of the applicant, the Building Inspector shall cause such refusal,
together with the reasons therefor, to be transmitted to the applicant,
in writing.
E.
The permit holder or his agent shall keep the building
permit posted in a conspicuous place on the job site and shall keep
same posted until the completion of the work.
F.
No building permit shall be issued for construction on any lot in a subdivision for which fire-protection devices are a required improvement until said devices have been installed and approved by the Shelter Island Fire District in accordance with the provisions of § 111-39.1.
G.
No building permit shall be issued until the Building
Inspector has ascertained that there are no open violations of the
Town Code on the lot.
Applications for demolition permits shall be
the same as for building permits, but with no plans needed. However,
the Building Inspector may require specifications, diagrams or other
information, showing methods to be used for needling or shoring adjacent
buildings.
[Amended 10-11-2019 by L.L. No. 17-2019]
A.
Building
permits shall expire, become null and void, and a new building permit
shall be required:
C.
It shall
be the responsibility of the applicant to obtain the certificate of
occupancy or compliance upon completion of the work authorized in
the building permit.
D.
Excavations
at all construction sites shall be safeguarded to prevent the entry
of unauthorized persons and the intrusion of wild and domestic animals.
The performance of work shall conform to the
standards set forth in 9 NYCRR, the New York State Fire Prevention
and Building Code.
[Added 2-13-2004 by L.L. No. 1-2004]
A.
The Chief Inspector and each of the duly appointed
inspectors of the New York Board of Fire Underwriters are hereby designated
as electrical inspectors of the Town of Shelter Island and are authorized
and deputized as agents of the Town of Shelter Island to make inspections
and reinspections of all electrical installations heretofore and hereafter
described, and to approve or disapprove the same. In no event, however,
will the cost or expense of such inspections and reinspections be
a charge against the Town of Shelter Island. The Town Board may also
designate, by resolution, the Chief Inspector and/or each of the duly
appointed inspectors of organizations other than the New York Board
of Fire Underwriters as electrical inspectors and authorize and deputize
them as agents of the Town of Shelter Island to make inspections and
reinspections of all electrical installations heretofore and hereinafter
described and to approve or disapprove the same.
B.
All organizations or individuals applying for authorization
pursuant to this chapter must meet the following minimum standards:
(1)
Inspectors shall have a minimum of 10 years of experience
as a licensed electrician.
[Amended 6-18-2004 by L.L. No. 8-2004]
(2)
Inspectors shall hold a current certification from
the International Association of Electrical Inspectors for one- and
two-family dwellings and Electrical General. Inspectors may only inspect
installations which fall within their certification.
(3)
Inspectors shall be familiar with the requirements
of the National Electrical Code.
(4)
The inspection agency shall maintain a policy of insurance
meeting or exceeding the following minimum coverage requirements and
shall provide a certificate of insurance evidencing the same and naming
the Town of Shelter Island as an additional insured:
(5)
In order to avoid any conflict of interest, the electrical
inspector may not inspect any installation by his/her company, or
a company in which he/she has any financial interest.
C.
All organizations or individuals applying for authorization
pursuant to this chapter shall file a written, signed and verified
letter of application. All such applications shall include the following
information:
(1)
The trade name and business address of the applicant.
(2)
If the applicant is an individual, his name and residence
address; if a corporation, the names and residence addresses of the
officers thereof; if a firm, partnership or other unincorporated entity,
the names and residence addresses of all members of the entity.
(3)
Whether there are any outstanding liens or judgments
against the applicant and, if so, the identification and nature of
each.
(4)
Such other and further information as any member of
the Town responsible for review of the application may require as
reasonably necessary to verify the credentials of the applicant and
to process the application, including, but not limited to:
(a)
The names and resident addresses of each inspector,
stockholders and/or directors of the applicant.
(b)
Whether or not the applicant or any member,
partner, officer, stockholder or employee thereof now engages or ever
has engaged in an electrical inspection business under another name
or for another person or entity and, if so, reasonable information
with respect thereto.
(c)
Information relating to the financial responsibility
and character of the applicant.
(d)
Certificates, resumes, insurance and other information
necessary to establish that the applicant meets the minimum standards
set forth above.
D.
The authorization of any electrical inspector by the
Town Board shall be for a period equal in length to the inspector's
International Association of Electrical Inspectors current certification,
subject to continued compliance with the above standards and the absence
of substantiated complaints.
E.
Authorized electrical inspectors must renew the authorization
upon the expiration of their authorization, and every three years
thereafter, by filing updated information with the Building Department
showing that there have been no significant changes in the organization,
that the above-described minimum standards are still met, and that
there have not been substantiated complaints against the electrical
inspector.
[Added 12-2-2011 by L.L. No. 6-2011]
A.
Standard applications for residential solar installation that meet
the "fast track" requirements as set forth below shall be eligible
for expedited review (with a determination within 14 days of submittal
of a completed application), and exempt from any permit fee:
(1)
The proposed solar installation shall be on the roof of a residential
building or legal accessory structure with a single layer of roof
covering. A waiver may be requested in writing from the chief Building
Inspector for an installation on a second layer of roof covering.
(2)
The proposed solar installation shall be flush-mounted parallel
to the roof surface and no more than six inches above the surface
with an eighteen-inch clearing at the roof ridge and an eighteen-inch
clearing path to the ridge.
(3)
The proposed solar installation shall create a roof load of
no more than five pounds per square foot for photovoltaic (PV) and
six pounds per square foot for residential solar hot water (RSHW).
(4)
The system must be installed by a prescreened contractor (See
fast track application terms and conditions).
(5)
The PV panels proposed to be used must have been certified by
a nationally recognized testing laboratory as meeting the requirements
of the Underwriters Laboratory (UL) Standard 1703 and inverters must
be on a list of NYS Public Service Commission type-tested inverters
which are tested by UL or other nationally recognized laboratories
to conform with UL 1741. (See solar energy system fast track permit
application requirements checklist.)
(6)
The proposed system must use RSHW equipment that has been certified
by the Solar Rating and Certification Corporation under its OG-100
standard for solar collectors. (See solar energy system fast track
permit application requirements checklist.)
(7)
To the extent the application requires or includes use of other
equipment such as modules, combiner boxes, and a mounting system,
all equipment and systems must be approved for public use as described
in the solar energy system fast track permit application requirements
checklist and be in full compliance with all current National Electrical
Code (NEC) requirements.
B.
Applicant must complete and submit the uniform solar energy system
fast track permit application and submit all documents as set forth
in the requirements for application submittal for standard installations.
C.
Applicant must submit a professional-engineer-(PE) or registered-architect-(RA)-certified
drawing (hand-drawn or better) of the solar panel location and layout
on the roof, as well as an equipment location diagram and a one-line
electrical diagram.
D.
A professional engineer or registered architect must also certify
the load-bearing and wind load sufficiency of the proposed solar installation.
E.
A new survey is not required, but if the solar energy system is proposed
for an accessory structure on the residential property, the applicant
shall provide an existing survey and demonstrate that the accessory
structure is legal.
F.
After the approval of an application for solar panel construction
and/or installation, applicant shall be required to affix a warning
label on all utility meters and at any alternating current (AC) disconnect
switch indicating that there is an operating solar electric co-generation
system on site.
G.
The Town must create and keep a registry by address of all residential
and commercial energy devices, including solar installations.
[Added 8-31-2012 by L.L. No. 4-2012]
Prior to issuance of a building permit for reconstruction (as defined in Chapter 129), the applicant shall remove or abandon any underground oil tanks on the property pursuant to New York Fire Code 3404.2.13 and 3404.2.14, and replace with an aboveground tank which meets current building and health codes.
[Added 3-23-2018 by L.L.
No. 2-2018]
A.
An innovative
and alternative on-site water treatment system (IAOWTS) approved by
the Suffolk County Department of Health Services shall be required
for the following projects located within the Town of Shelter Island:
(1)
All
new residential construction with greater than 1,500 square feet of
living area; and
(2)
Any
septic system upgrade required by the Suffolk County Department of
Health Services.
(3)
Any
expansion or renovation of a single-family residence, a multiple-family
residence, or any other building capable of being used as a residence
that:
[Added 12-3-2021 by L.L. No. 12-2021]
B.
Applicants
that have complete applications pending review before the Shelter
Island Building Department or the Suffolk County Department of Health
Services as verified by those Departments or a valid permit from the
Shelter Island Building Department or the Suffolk County Department
of Health Services prior to the enactment of this section shall not
have to comply with the requirements herein.
[Added 7-19-2019 by L.L. No. 14-2019]
The use of aluminum wiring in any and all construction of buildings
and residences is prohibited.
[Amended 2-13-2004 by L.L. No. 2-2004]
A.
The location of all planned improvements located within
three feet of the minimum setback requirement must be staked by a
surveyor prior to the start of construction. Foundation surveys are
required for all structures located within three feet of the minimum
setback requirement. Contractor will be notified in writing upon Building
Inspector's performance of foundation inspection that no framing is
to commence until a foundation survey has been submitted to and approved
by the Building Department. In the event the structure will not be
constructed on a foundation (swimming pool, shed, etc.), prior to
the start of framing or construction the contractor must submit to
the Building Department written verification by the surveyor that
the minimum setback locations have been staked. In the event these
conditions are ignored, a stop-work order will be placed on the job,
and no aspect of work will be allowed to continue.
B.
Prior to the issuance of a certificate of occupancy
for these improvements, an updated survey verifying the setbacks must
be submitted to the Building Department.
C.
Whenever there are reasonable grounds to believe that
any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Building Inspector may require same to be subjected
to tests in order to furnish proof of such compliance.
A.
No permit or other document shall be issued until
the fee prescribed in this section has been paid, nor shall an amendment
to a permit be approved or issued until any additional fee which would
be due to an increase in the estimated cost of the building or structure,
has been paid.
B.
The fee for each building permit shall be as established
by the Town Board as adopted by resolution.
C.
Plumbing, heating, standpipe, sprinkler, elevator
or electrical work, etc., are all included in the term "construction
or alteration work." When filed with complete construction plans,
all such work is included under one fee.
D.
Where work
for which a permit is required by this Code is started or continued
without a permit, said permit shall be obtained by payment, not only
of applicable permit fees, but of an additional administrative penalty
fee equal to five times the amount of the building permit fees. Payment
of such permit and administrative fees shall not relieve any persons
from fully complying with the requirements of this Code in execution
of the work or requirements or from any other penalties prescribed
by law. The penalty fee shall be charged for work done after June
1, 2009. The permit applicant shall have the burden of proving that
the work falls outside the time frame for a penalty fee.
[Added 5-29-2009 by L.L. No. 9-2009]
A.
The Building Inspector may revoke a building permit
theretofore issued and approved in the following instances:
(1)
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
(2)
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
(3)
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications; or
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
B.
Any Building Inspector, upon the showing of proper
credentials and in the discharge of his duties, upon reasonable cause
may enter upon any building, structure or premises.
C.
Whenever the Building Inspector has reasonable grounds
to believe that work on any building or structure is being performed
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 manner, he shall notify the owner of the property
or the owner's agent or the person performing the work to stop and
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 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,
or by posting same upon a conspicuous portion of the building under
construction and sending a copy of same by certified mail, return
receipt requested.
There shall be maintained in the Building Inspector's
office a record of all findings of violations of this chapter and
code.
A.
No land shall be occupied or used, and no buildings
shall be occupied or used, in whole or in part, for dwelling or business
purposes, except for the purpose of alteration or addition to a dwelling,
until a certificate of occupancy or a certificate of compliance shall
have been issued by the Building Inspector. The certificate of occupancy
shall state that the premises or building complies with all the provisions
of the Building Construction Ordinance and shall certify that the
work has been completed and that the proposed use and occupancy are
in conformity with the provisions of the applicable 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.
B.
No building hereafter enlarged, extended or altered
or upon which work has been performed which requires 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 Building
Inspector.
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 Building Inspector.
D.
A temporary certificate of occupancy may be issued
for a six-month period at the discretion of the Building Inspector
during the progress of the construction or alteration of a building,
provided that the building shall be completely finished and a temporary
underwriter's certificate obtained and submitted to the Building Inspector.
E.
At the discretion of the Building Inspector, an updated
survey may be required prior to the issuance of a certificate of occupancy
to verify conformance with setback and other regulations.
F.
House numbers identifying the premises must be installed
and all construction and advertising signs removed prior to the issuance
of a certificate of occupancy.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any provision of this chapter, or to fail in any manner to comply
with a notice, directive or order of the Building Inspector or to
construct, alter or use or occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or
certificate of occupancy.
B.
For any and every violation of the provisions of this
chapter, the owner or general agent or lessee or tenant of a building
or premises where such violation has been committed or shall exist,
and any builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents, or any other person taking part or
assisting in any such violation shall be liable to a fine or penalty
no less than $500 and no more than $2,000 or 15 days in jail, or both,
for each and every violation.
[Amended 4-18-2008 by L.L. No. 3-2008]
C.
Each day subsequent to the issuance of a written notice
from the Building Inspector or his agent that a violation exists or
is being committed shall constitute a separate and distinct violation.
D.
Moreover, any violation of this chapter or any part
thereof shall constitute disorderly conduct pursuant to the Penal
Law of the State of New York.
E.
Any person, including but not limited to any owner,
builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents, who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith, or who shall knowingly violate any of the applicable provisions
of this chapter, or any order, notice, directive, permit or certificate
of the Building Inspector shall be liable to a fine or penalty no
less than $500 and no more than $2,000 or 15 days in jail, or both,
for each and every violation.
[Amended 4-18-2008 by L.L. No. 3-2008]
F.
Each day that such violation continues after the issuance
of a written notice from the Building Inspector shall constitute a
separate and distinct violation.
The Town of Shelter Island reserves the right
to seek any additional relief in law or in equity as may be available
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 any other activity which is deemed to be
unlawful or a violation under this chapter.
