There is hereby created the Office of Superintendent.
The Superintendent shall be appointed by the Board of Trustees at
a compensation to be fixed by it, which appointment shall continue
during good behavior and satisfactory service for a term of one year.
The Superintendent may be removed from office only for incompetency
or misconduct shown after a hearing upon stated charges held by the
Board of Trustees or by a hearing officer designated by the Board
for that purpose, who shall make record of the hearing and whose recommendations
shall be subject to review and approval by the Board.
Except as otherwise specifically provided by
law, local law, ordinance, order, rules or regulations, or except
as otherwise herein provided, the Superintendent shall have the following
powers and duties:
A.
To administer and enforce all laws applicable to the
construction, alteration, repair, rehabilitation, removal and demolition
of buildings and structures and appurtenances thereto, the installation
and use of materials and equipment therein, the location, use and
maintenance thereof, fire prevention, property care and maintenance
and Zoning Law enforcement.
B.
To receive applications, review plans and specifications,
issue permits for the erection, alteration, removal and demolition
of buildings and structures or parts thereof, enter upon and examine
premises for which such permits have been issued or on which such
work is being performed for the purpose of ensuring compliance with
all laws governing construction, alteration, removal or demolition
of structures.
C.
To make inspections as necessary and proper in the
performance of his duties; to issue appropriate notices or orders
for the removal of unlawful or unsafe conditions; to require necessary
safeguards to protect life and property prior to or during the performance
of work on buildings and structures; and to ensure compliance at all
times with the requirements of all laws applicable to buildings and
structures.
D.
Whenever he shall deem it necessary or appropriate,
to require performance of field or laboratory tests of buildings,
structures, materials or equipment by experienced, professional persons
or by accredited and authoritative testing laboratories, service bureaus
or similar agencies.
E.
To keep the records of the Building Department, including
records of issuance of permits and certificates of occupancy and use,
payment of fees, inspections, violations and remedial actions taken,
and to make copies of such records available on request, pursuant
to law.
F.
To make preliminary environmental quality review assessments
and otherwise to assist the Board of Trustees, Board of Appeals and
Planning Board in the performance of their duties under the State
Environmental Quality Review Act (SEQRA).
G.
To make periodic reports, as required, to the Mayor
and Board of Trustees with respect to the activities of the Building
Department.
H.
To delegate duties and powers to building inspectors
and code enforcement officers under his jurisdiction in the performance
of his duties hereunder or under any applicable laws such delegation
may therein be permitted.
I.
To perform such other duties pertaining to structures
and the use and occupancy thereof as may be assigned, directed or
ordered by the Mayor or Board of Trustees or by law.
The Board of Trustees may appoint one or more
building inspectors or code enforcement officers, or both, to assist
the Superintendent of Buildings Department in the performance of his
duties, at such compensation as may be fixed by the Board. Such persons
shall perform such duties and shall have such powers as may be delegated
to them by the Superintendent or the Board of Trustees.
In the absence of the Superintendent, or in
the case of his inability to act for any reason, the Mayor shall have
the power, with the consent of the Board of Trustees, to designate
a person to discharge the duties of the Superintendent and to exercise
all of the powers conferred upon him by this chapter. In the absence
of such designation, the duties of the Superintendent shall be discharged
temporarily by the Village Clerk, with the technical advice and assistance
of the Village Engineer.
For the purposes of this chapter, the Board
of Trustees hereby authorizes the Superintendent and his delegates
and any person appointed to perform the duties of the Superintendent
to issue summonses and commence prosecutions for violations of this
chapter.
The Superintendent shall keep permanent official
records of all transactions and activities conducted by his department,
including all applications received, permits and certificates issued,
fees charged and collected, inspection reports and notices and orders
issued. Such records shall be public records, open to public inspection
during normal business hours.
The Superintendent may request and shall receive,
insofar as may be necessary in the discharge of his duties, the assistance
and cooperation of the Village Attorney, Village Engineer, Village
Clerk, Village Superintendent of Public Works, Village Prosecutor
and all other officers and department heads of the Village.
A.
Except as hereinafter provided, no person shall commence
the erection, construction, enlargement, alteration, removal or demolition
of any structure or the installation of any fence or in-ground swimming
pool, or cause the same to be done, without first obtaining a permit
from the Superintendent for such structure, fence or in-ground swimming
pool. Building permits shall be required for any work that is required
to conform to the Uniform Code. The Superintendent, in his discretion,
may impose any condition deemed reasonable with respect to the issuance
of any such building permit.
B.
No building permit will be required for necessary
repairs which do not materially affect structural features and alterations
to existing buildings, provided that the alterations shall include
any of the following conditions:
(1)
They do not materially affect structural features;
(2)
They do not affect firesafety features, such as smoke
detectors, sprinklers, required fire separations and exits;
(3)
They do not involve the installation or extension
of electrical systems; and
(4)
They do not include the installation of solid fuel-burning
heating appliances and associated chimneys and flues.
C.
Application for a building permit shall be made to
the Superintendent on forms provided by him for that purpose and shall
contain the following information:
(1)
A description of the site on which the proposed work
is to be done, including street address and section, block and lot
numbers on the Nassau County Tax Map.
(2)
A brief description of the nature of the proposed
work.
(3)
A statement of present and intended use or occupancy
of all parts of the land and of the proposed building or structure.
(4)
The estimated cost of the proposed work, with appropriate
substantiation.
(5)
The full name and address of the owner and the applicant
and the names and addresses of their responsible officers, if either
is a corporation.
(7)
Such other information as may reasonably be required
by the Superintendent to establish compliance of the proposed work
with the requirements of all applicable laws.
D.
Application shall be made by the owner or lessee,
or the authorized agent of either, or by the architect, 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. The application shall be signed by the applicant
and shall be in duplicate.
E.
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale, showing the location and size of all proposed
new construction and all existing structures on the site, the location
of gas, electrical, telephone, water, sewer and other utility lines;
the nature and character of the work to be performed and the materials
to be incorporated; the distance from lot lines; the widths of adjoining
streets, walks and alleys; and, where required by the Superintendent,
the relationship of structures on adjoining property; grades of adjoining
streets; details of structural, mechanical and electrical work, including
computations, street diagrams and other essential technical data.
Each plan shall state the square feet of the size of habitable floor
area, and each plot shall state the size of the plot in square feet.
Plans and specifications shall bear the signature of the registered
architect or licensed professional engineer responsible for the design
and drawing for buildings costing over $10,000.
F.
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the approval of the Superintendent. The applicant shall notify
the Superintendent of any changes in the information contained in
the application during the period for which the permit is in effect.
G.
The applicant may request that the requirements of
plans and specifications be waived where the work to be done involves
minor alterations or plans are otherwise unnecessary.
H.
No permit for the demolition of any building or structure
within the Village shall be issued until security, in an amount fixed
by the Superintendent, in the form of cash, certified check or performance
bond, is filed with the Village Treasurer. This security deposit shall
ensure the removal of rubble and debris, that the premises will be
returned to a suitable condition after completion of demolition and
that any conditions set by the Superintendent or by the Board of Trustees,
pursuant to provisions of this chapter, shall be complied with.
I.
Energy Star requirements.
[Added 11-6-2008 by L.L. No. 5-2008]
(1)
Purpose and intent. It is the purpose of this subsection
to protect the public health, safety and welfare of the residents
of the Village of Westbury by mandating that any new, or structural
alteration which exceeds 50% of its structural value, one-family.
two-family, or multifamily dwelling shall comply with the guidelines
of the New York Energy Star Labeled Homes Program (hereinafter "the
program"), as set forth by the Long Island Power Authority (hereinafter
"LIPA"), thus ensuring that said dwelling will consume considerably
less energy than if constructed under prevailing building standards.
Compliance with the guidelines of the program as outlined in this
subsection shall be required in addition to compliance with current
standards outlined in the Energy Conservation Construction Code of
the State of New York (the "Energy Code").
(2)
Pursuant to the Consolidated Laws of New York State,
Chapter 17-A, Energy, Article 11, §11-109, municipalities are
authorized to enact local energy conservation construction codes,
such as are set forth in the standards contained in this subsection,
which are more stringent than the New York State Uniform Fire Prevention
and Building Code.
(3)
Any new, or structural alteration which exceeds 50% of its structural value, one-family, two-family, or multifamily dwelling, in buildings containing four or fewer units, with a separate means of egress for each dwelling, a minimum of one heating facility for each four dwelling units, and a separate primary electric meter for each dwelling unit, including townhouses (hereinafter "subject dwelling"), shall be constructed to comply with the requirements of the program, in accordance with the standards and implementation schedule specified in Subsection I(3)(a), (b) and (c) contained herein.
(a)
The program requirements must be satisfied by
compliance with one of the following standards:
[1]
The builder option package as established by
LIPA; or
[2]
Achieving a home energy rating of 84 or higher
on the current expanded Home Energy Rating System (hereinafter "HERS")
Scoring System adopted by the State of New York, which corresponds
to an index of 80 or less as defined in the "2006 Mortgage Industry
National Home Energy Rating Systems Standards" promulgated by the
Residential Energy Services Network ("RESNET").
(b)
In addition to demonstrating compliance with one of the standards set forth in Subsection I(3)(a) above, the subject dwelling must comply with the following additional requirements:
[1]
Include a total of 500 kilowatt-hours of electricity
savings per dwelling unit, as defined by the program;
[2]
Include an automatically controlled mechanical
ventilation system, as required by the program; and
[3]
Prior to issuance of a certificate of occupancy,
comply with the "Combustion Safety Testing Standards and Procedures
for New York energy star Labeled Homes" standards, as tested by an
analyst certified by the Building Performance Institute or an analyst
with equivalent training approved by LIPA.
(c)
Commencing on May 1, 2009, prior to the issuance
of a building permit, the applicant shall certify that the subject
dwelling will comply with all aspects of the program, using either
the HERS or builder option package method. Prior to issuance of a
certificate of occupancy for the subject dwelling, all field verification
and testing requirements of the program shall be met.
(4)
Issuance of building permits for multifamily dwellings.
(a)
Commencing on May 1, 2009, no building permit
shall be issued for a any multifamily dwelling in a building with
more than four units, or where the units share a common egress, unless
the applicant certifies that the plans demonstrate compliance with:
(b)
No third-party verification or field testing
shall be required under this method.
(5)
Exemptions. Notwithstanding any provision contained in Subsection I(2), (3) and (4) above, the testing and verification requirements may be waived upon LIPA submitting a certificate that no testing or verification protocol and procedure can be applied accurately in a particular building configuration.
A.
The Superintendent shall examine or cause to be examined
all applications for permits and 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 the prescribed fees therefor, the building permit shall be issued
to the applicant in the form prescribed by the Village, with the signature
of the Superintendent, or Acting Superintendent, affixed thereto.
Approval may be conditioned upon reasonable and necessary changes
indicated by the Superintendent, in writing, on the building permit
or on the plans and specifications.
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 and specifications shall be retained in
the files of the Superintendent. The other set shall be returned to
the applicant, together with the building permit, which shall be prominently
displayed at the building site to which it pertains and shall be open
to inspection by the Superintendent or his authorized representative
at all reasonable times.
D.
If the application or the plans, specifications and
other documents filed herewith describes proposed work which does
not conform to all of the requirements of the applicable building
regulations, the Superintendent shall disapprove the same and shall
return the plans and specifications to the applicant. Upon the request
of the applicant, the Superintendent shall cause such refusal, together
with the reasons therefor, to be transmitted to the applicant in writing.
A.
A building permit shall authorize and require the
applicant to commence and complete the work to which it pertains,
in accordance with the application, plans and specifications on which
it is based, within a period of 12 months after the date of its issuance.
For good cause, the Superintendent, upon written request, may allow
a maximum of two extensions for periods not exceeding three months
each, provided that:
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
all applicable laws. All work shall conform to the approved application,
plans and specifications.
D.
A building permit may be suspended or revoked if it
is determined that the work to which it pertains is not proceeding
in conformance therewith or with the Uniform Code or with any conditions
attached to such permits, or was issued contrary to law, or if there
has been a misrepresentation or falsification of a material fact in
connection with the application for the permit.
A.
No structure erected, subject to the Uniform Code
and this chapter, shall be used or occupied, except to the extent
provided in this section, until a certificate of occupancy has been
issued by the Superintendent, upon written application therefor.
B.
No structure enlarged, extended, altered or improved
or upon which work has been performed that required the issuance of
a building permit shall be occupied or used for more than 30 days
after the completion of enlargement, extension, alteration, improvement
or work thereon unless a certificate of completion has been issued
by the Superintendent, upon written application therefor.
C.
No change shall be made in the nature of occupancy
or use of an existing building, or part thereof, unless a certificate
authorizing the change of use has been issued by the Superintendent,
upon written application therefor.
D.
The owner or his agent shall make application, in
writing, for a certificate of occupancy, certificate of completion
or a certificate of change of use upon forms provided by the Superintendent
for that purpose. No such certificate shall be issued except following
an inspection by the Superintendent or his delegate that discloses
no uncorrected deficiency or material violation of the Uniform Code,
or of any other applicable laws, and unless the application therefor
is accompanied by a survey of the premises, certified by a licensed
engineer or land surveyor, showing all physical features, structures
and improvements and drawn to a scale of not more than 20 feet per
inch.
E.
A temporary certificate of occupancy may be issued
if the structure or a designated portion therefor is sufficiently
complete that it may be put to the use for which it is intended. A
temporary certificate of occupancy shall expire three months after
its issuance or at an earlier date therein specified. Such temporary
certificates may be renewed upon written request of the owner and
upon payment of the required fees not more than two times.
A.
The Superintendent or his delegate shall make construction
inspections, as required, of all work in process, pursuant to the
permit or otherwise, at such times during the course of construction
as will permit the observation of the foundation, structural elements,
electrical systems, plumbing systems, heating, insulation, ventilation
and air-conditioning systems, fire protection and detection systems
and exit features. Work for which a building permit has been issued
under this chapter shall be inspected for approval, prior to enclosing
or covering any portion thereof and upon completion of each stage
of construction, including but not limited to building location, site
preparation, excavation, foundation, framing superstructure, electrical,
plumbing and heating and air conditioning.
B.
It shall be the responsibility of the owner, permit
holder or his agent to inform the Superintendent that the work performed,
pursuant to a building permit or other permit, is ready for inspection
and to schedule such inspection. Notwithstanding such responsibility,
the Superintendent or his delegate is empowered to make such inspections
from time to time as are required or deemed necessary to enforce the
provisions of the Uniform Code and all other applicable laws.
C.
Inspections shall be made by the Superintendent or
his delegate in response to bona fide complaints regarding conditions
or activities allegedly failing to comply with the Uniform Code or
with any applicable laws.
D.
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code, in accordance with the following schedule: all areas of public assembly defined in the Uniform Code, all buildings or structures containing areas of public assembly and the common areas of multiple dwellings, every 12 months; all buildings or structures open to the general public, every 12 months; and all other commercial or industrial buildings, every 24 months. Notwithstanding any requirements of this subsection to the contrary, no regular periodic inspections of occupied dwelling units shall be required; provided, however, that this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.
A.
Determinations. The Superintendent is empowered to
pass upon any questions arising under the provisions of this chapter
relative to plans, specifications, manner of construction or materials
to be used.
B.
Stop-work orders. The Superintendent may order and
compel the suspension of any work and the abatement of any unsafe
or substandard condition affecting buildings or structures, prohibit
the use of any material or equipment in violation of law and may make
or cause to be made such tests as he deems necessary to determine
the safety of any structure, material or equipment which it is his
duty to inspect.
C.
Inspections. Inspections required under the provisions
of this chapter shall be made by the Superintendent or his delegate;
provided, however, that, in the case of inspection of elevators or
electrical systems, he may accept reports of inspections of casualty
companies or other recognized inspection services after investigation
of their qualifications and reliability, but no certificates issued
pursuant to this chapter shall be based on such reports unless such
reports are in writing and certified over the signature of the person
making the inspection that the provisions of all applicable laws are
complied with and there are no unsafe conditions.
D.
Rules. For the purpose of proper enforcement of this
chapter and the Uniform Code and consistency therewith, the Superintendent
is empowered to adopt and to amend from time to time such rules as
in his discretion are necessary or desirable to facilitate the performance
of his duties under this chapter. No such rule shall become effective
unless approved by the Board of Trustees not less than 15 days after
a copy of the same, with notice of intention to consider adoption
thereof, shall have been published in the official newspaper of the
Village. Rules adopted and promulgated as herein provided, including
amendments thereto, shall have the same force and effect as the provisions
of this chapter.
E.
Right of entry. The Superintendent or his delegate,
in the proper discharge of his or her duties, is authorized at any
reasonable hour to enter any premises, building or structure. For
the purpose of identification, the Board of Trustees shall adopt a
badge of office to be worn by the Superintendent and his duly authorized
subordinates while on duty, to be displayed on demand, provided that,
in an emergency, any other method of identification shall suffice.
F.
Emergency powers. Whenever the Superintendent shall
determine that, by reason of an unsafe or substandard condition, there
shall exist such danger to occupants of a building or structure, or
to persons in the vicinity thereof, or that there is potential for
collapse, structural failure, fire, explosion or another condition
constituting imminent hazard likely to cause death or bodily injury
or substantial property damage, he is empowered to take such measures
as are reasonable and necessary to protect the occupants or other
persons in the vicinity of such structure from death or bodily harm,
or to prevent substantial property damage. Such measures may include,
if deemed necessary by the Superintendent, the immediate evacuation
of such structure and sealing the same off from access to persons
therein or in the immediate vicinity thereof, the posting of notices
of hazard and/or closure and the barricading or fencing in of such
structure necessary or required to protect persons and property, in
the event that the owner or person in charge of such structure, upon
order of the Superintendent, fails to do so or cannot be found promptly
in order to give such notice and to obtain compliance with such emergency
order, in which case the Superintendent is empowered to take such
necessary remedial action at Village expense and report the cost thereof
to the Board of Trustees, which may assess such cost against the real
property upon which such structure is located, and said cost shall
constitute a lien and charge on the real property on which it is levied
until paid, or otherwise satisfied or discharged, and shall be collected
by the Village Treasurer in the manner provided by law for the collection
of delinquent real property taxes.
G.
Notice of requirements or violations. Whenever, in
the opinion of the Superintendent or his delegate, by reason of defective
or illegal work, the continuance of a construction operation is in
violation of the law, or the operation or the use and occupancy of
any structure is not in conformity with law, he may issue on appropriate
notice, in writing, to the owner or occupant, or his contractor, agent
or employee, specifying the nature of the requirements necessary to
ensure conformity to law or of the nature of any violations of law.
In the event of alleged violations of the law, the notice shall contain
a reference to the section of the Uniform Code or other law violated.
[Amended 12-2-1999 by L.L. No. 3-1999; 4-5-2012 by L.L. No.
5-2012; 5-1-2014 by L.L. No. 6-2014]
A.
Any violation of this chapter or of any rule or regulation
made under authority conferred thereby shall be deemed a violation,
and any person found guilty thereof shall be liable and punishable
for each such violation as follows: by a fine not less than $250 nor
more than $1,000 or by imprisonment for a period not to exceed 15
days, or both, for conviction of a first offense; by a fine not less
than $2,500 nor more than $5,000 or by imprisonment for a period not
to exceed 15 days, or both, for a conviction of a second offense,
both of which offenses were committed within a period of five years;
and by a fine not less than $5,000 nor more than $10,000 or by imprisonment
for a period not to exceed 15 days, or both, upon conviction for a
third or subsequent offense, all of which offenses were committed
within a period of five years.
B.
Such fines shall be collected as like penalties are
now by law collected.
