[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Editor's Note: This local law also repealed former Ch. 43, Building Construction Administration, adopted 4-18-1966, as amended.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:
(1) 
If construction has not commenced within six months of the granting of the building permit; or
(2) 
If the work authorized has not been completed, and/or a certificate of occupacy or compliance has not been issued, within 24 months of the date of issuance of the building permit.
B. 
The Building Inspector may extend the time periods set forth in § 43-9A for good cause shown.
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:
(a) 
General aggregate liability: $2,000,000.
(b) 
Products-Comp/Op Agg: $2,000,000.
(c) 
Personal injury: $1,000,000.
(d) 
Each occurrence: $1,000,000.
(e) 
Fire damage (any one fire): $300,000.
(f) 
Medical expense (any one person): $5,000.
(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]
(a) 
Has an existing nonconforming septic system as determined by the SCDHS.
(b) 
Increases the SFLA (as defined in the Town Code) by 25%.
(c) 
Increases the number of bedrooms (as defined by the SCDHS) that exceeds the allowable number authorized by a permit, previously issued by the SCDHS.
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.