Village of Westbury, NY
Nassau County
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Table of Contents
Table of Contents
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.
(6) 
A duplicate set of plans and specifications, as set forth in Subsection D of this section.
(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:
[1] 
The thermal envelope requirements (R-values and U-values only);
[2] 
The electrical savings and ventilation requirements; and
[3] 
The equipment efficiency requirements of the LIPA builder option package prescriptive standards.
(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:
(1) 
The permit has not been suspended or revoked at the time application for renewal is made.
(2) 
The information in the application is current.
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.
C. 
Expiration.
(1) 
A permit shall expire upon issuance of a certificate of occupancy or completion, other than a temporary certificate of occupancy.
(2) 
A permit under which no work is started within six months shall expire.
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.
[Amended 12-2-1999 by L.L. No. 3-1999]
Fees for Building Department matters shall be as set from time to time by resolution of the Village Board of Trustees.[1]
[1]
Editor's Note: See Ch. 157, Licenses and Permits.