Village of East Hampton, NY Article I Building Construction

[Adopted 7-1-1997 by L.L. No. 14-1997 Ch. 8 of the 1971 Code)]

§ 104-1 Applicability of state code; establishment of Department of Code Enforcement; Code Enforcement Officers.

A. Pursuant to Chapter 707 of the Laws of 1981, New York,[1] the Village of East Hampton accepts the applicability of the New York State Uniform Fire Prevention and Building Code and shall enforce said code. Nothing herein shall be construed as limiting the authority of the Village to implement future local laws which are more stringent than the state code, and nothing herein shall be construed to repeal, modify or constitute an alterative to any lawful zoning regulation which is more restrictive than this chapter or the state code.

[1] Editor's Note: See § 370 et seq. of the Executive Law.

B. Department of Code Enforcement.

(1) There is hereby designated in the Village of East Hampton a Department of Code Enforcement to administer and enforce the New York State Uniform Fire Prevention and Building Code and the Code of the Village of East Hampton.

(2) The Village Board may appoint one or more Code Enforcement Officers as needed. The compensation of such Code Enforcement Officer shall be fixed by the Village Board.

(3) The Board of Trustees shall be responsible for determining areas of responsibility for the appointed Officer(s) of the Department of Code Enforcement and may, at its discretion, establish one position serving as the department head or distribute the duties and responsibilities of the department amongst its Officers.

§ 104-2 Duties and powers of Code Enforcement Officers and Traffic Control Officers.

A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Code Enforcement Officer shall administer and enforce all the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof. In addition, the Code Enforcement Officer shall administer and enforce all the provisions of laws, ordinances and regulations applicable for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of building or premises.

B. The Code Enforcement Officer shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and for all activities or materials regulated by laws, ordinances and regulations 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 described herein.

C. The Code Enforcement Officer shall issue all appropriate notices or orders to remove illegal or unsafe conditions and to ensure compliance with the requirements of such laws, ordinances or regulations. The Code Enforcement Officer shall make all inspections which are necessary and proper for the carrying out of his or her duties.

D. The Code Enforcement Officer shall execute and perform all the duties of a building inspector with respect to the provisions of any chapter or provision of the Code of the Village of East Hampton, including but not limited to Chapter 278, Zoning, and Chapter 101, Coastal Erosion Hazard Areas, which impose a duty upon the Building Inspector or the Building Inspector of the Village of East Hampton.

E. The Code Enforcement Officers and Traffic Control Officers of the Village of East Hampton are hereby authorized to issue and serve an appearance ticket with respect to the violation of statute, a local law, ordinance, rule or regulation of the Village of East Hampton, or in the case of the Code Enforcement Officers, with respect to a violation of any covenant or condition imposed by the Village Board of Trustees, the Zoning Board of Appeals, the Planning Board or the Design Review Board as a condition of any change of zone, permit, special permit, grant, subdivision approval, certificate of appropriateness, site plan or design approval that such Code Enforcement Officers or Traffic Control Officers are required or authorized to enforce.

[Added 4-16-2003 by L.L. No. 3-2003; amended 4-16-2004 by L.L. No. 3-2004; 7-27-2007 by L.L. No. 10-2007]

F. The Code Enforcement Officers shall have the authority to approve the installation of design modifications and accessibility improvements to the exterior of a dwelling without the requirement of a building permit, subject to the following:

[Added 6-20-2008 by L.L. No. 6-2008]

(1) A resident of the dwelling shall present documentation from a licensed physician declaring that one or more residents of the dwelling requires the construction of design modifications and accessibility improvements to provide for access or egress aided by equipment requiring ramps or lifts.

(2) The construction of said facilities or improvements meets applicable building code and zoning code[1] requirements for accessibility, except that if there is no existing entrance to the dwelling from which said improvements can be constructed in compliance with generally applicable front, side and rear lot setback or lot coverage requirements, the Code Enforcement Officer shall have the authority to waive the generally applicable front, side and rear lot setback or lot coverage requirements and approve the installation of said facilities in front of an existing entrance, notwithstanding the nonconforming location of said facilities.

[1] Editor's Note: See 278, Zoning.

(3) The duration of the improvement shall be limited to the time period specified by the licensed physician providing the documentation required pursuant to Subsection F(1) hereof, subject to extensions of time upon presentation of further documentation from a licensed medical professional addressing the continued need for the facility or improvement.

G. The Code Enforcement Officers shall have the authority to review and approve or deny applications for tent permits, based on the requirements of the New York State Uniform Fire Prevention and Building Code and the other provisions of the Code of the Village of East Hampton, including but not limited to the provisions of the Zoning Code.[2]

[Added 3-15-2013 by L.L. No. 9-2013]

[2] Editor's Note: See Ch. 278, Zoning.

§ 104-3 Department records and reports.

A. The Code Enforcement Officer shall keep permanent, official records of all transactions and activities conducted by him or her, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records, open to public inspection during business hours.

B. The Code Enforcement Officer shall, as directed, submit to the Village Board a written report and summary of all business conducted by him or her, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.

§ 104-4 Cooperation of other departments.

The Code Enforcement Officer may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 104-5 Application for building permit.

A. 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 the same to be done, without first obtaining a building permit from the Code Enforcement Officer for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature or otherwise required by New York State Uniform Fire Prevention and Building Code.

B. Application.

(1) Application for the building permit shall be made to the Code Enforcement Department on forms provided by the Department and shall contain the following information:

(a) A description of the land on which the proposed work is to be done.

(b) A statement of the use or occupancy of all parts of the land and of the building structure.

(c) The valuation of the proposed work.

(d) The full name and address of the owner and of the applicant and the names and addresses of their responsible officers, if any of them are corporations.

(e) A brief description of the nature of the proposed work.

(f) Such other information as may be reasonably required by the Code Enforcement Officer to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.

(2) Application shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work.

(3) Applicants may confer with the Code Enforcement Officer in advance of submittal to discuss the Code Enforcement Officer's requirements for same.

C. Plans and specifications.

(1) Each application for a building permit shall be accompanied by plans and specifications, including a plot plan, drawn to scale, showing the size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from the lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Code Enforcement Officer, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.

(a) Whenever the plans accompanying an application are required by the Uniform Code to have the stamp and seal of a licensed design professional and the original signature of said professional, such plans shall be submitted in accordance with all pertinent regulations as set forth in the Uniform Code, State Education Law[1] and all other rules, regulations and laws as they may apply. Whenever the plans accompanying an application for a structure which, in the opinion of the Code Enforcement Officer, is of complex design, the Officer shall require the applicant to file an affidavit signed by a licensed architect or engineer certifying that the plans and specifications comply with the provisions of this chapter and all applicable provisions of the New York State Uniform Code as in force on the date of the application. In such case the Code Enforcement Officer may, in his or her discretion, employ a licensed architect or engineer to examine the plans. The amount by which the cost of such examination, not exceeding 1/3 of 1% of the estimated construction cost, is in excess of 1/2 of the permit fee and paid by the applicant before the permit shall be issued. In the event that the Code Enforcement Officer employs a licensed engineer or architect under this subdivision, the Code Enforcement Officer may rely upon the advice of such architect or engineer as to whether such plans and specifications comply with this chapter and all applicable provisions of the New York State Uniform Code.

[1] Editor's Note: See § 1 et seq. of the Education Law.

(b) Whenever the plans accompanying an application are for a structure which, in the opinion of the Code Enforcement Officer, is of complex design, the Code Enforcement Officer may, in his or her discretion, issue the permit subject to the condition that an architect and/or engineer whose qualifications are acceptable to the Code Enforcement Officer (and who may already be employed by the owner or builder) be employed by the owner or builder to supervise all work done under the permit, to see that the work conforms with the approved plans and specifications, and forthwith upon its completion to make and file with the Code Enforcement Officer an affidavit or affidavits that he or they have complied with all inspection requirements of this chapter and the work has been carried out according to the approved plans and specifications of this chapter as well as all other applicable rules, regulations and codes. In such case the Code Enforcement Officer may rely upon such affidavit or affidavits as evidence that such building conforms substantially to the approved plans and specifications and the requirements of this chapter applying to buildings of its class and kind.

(2) Plans and specifications shall bear the signature of the person responsible for the design of the drawings. All plans submitted by a licensed professional shall be conforming to the requirements of both the New York State Uniform Fire Prevention and Building Code in addition to the New York Education Law(s) and such other rules and regulations as may be applicable and in force at the time.

(3) In cases where the proposed work can otherwise be shown to comply with all requirements of applicable building codes, ordinances and regulations, the Code Enforcement Officer may waive the requirement for filing plans.

D. Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Code Enforcement Officer.

§ 104-6 Issuance or denial of permit.

A. The Code Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He or she shall approve or disapprove the application within a reasonable time.

[Amended 10-21-2005 by L.L. No. 19-2005]

B. Upon approval of the application and upon receipt of the legal fees thereof, the Code Enforcement Officer shall issue a permit to the applicant upon the form prescribed by the Code Enforcement Officer and shall affix his or her signature or cause such legal signature to be affixed thereto.

C. Upon approval of the application, one set of such approved plans and specifications shall be retained in the files of the Code Enforcement Department.

D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all requirements of the applicable codes, laws and ordinances, the Code Enforcement Officer shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Code Enforcement Officer shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant, in writing.

§ 104-7 Performance of work under building permit.

A. A building permit issued pursuant to this chapter shall be prominently displayed on the property and premises to which it pertains in such a way as to be clearly visible from the street at all times. Any permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of one year after the date of its issuance. For good cause, the Code Enforcement Officer may allow a maximum of three extensions for periods not exceeding one year each. No permit may be renewed until such time as the relevant information in the application is up to date.

[Amended 7-29-2016 by L.L. No. 10-2016]

B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building code(s), ordinances or regulations. All work shall conform to the approved application, plans and specifications.

§ 104-8 Permit fees.

[Amended 6-20-2008 by L.L. No. 6-2008; 5-18-2012 by L.L. No. 8-2012; 3-15-2013 by L.L. No. 9-2013; 8-20-2021 by Ord. No. 24-2021]

Upon filing an application for a building permit or a tent permit, fees shall be payable to the Village Treasurer in accordance with a schedule of fees which shall from time to time be fixed by resolution of the Village Board of Trustees. Any such fee shall be increased by 100% whenever the work subject to a permit has been started prior to the issuance of the permit. The building permit fee shall be waived for all modifications to existing buildings relating to improving access for persons with mobility impairments, including but not limited to ramps and bathroom renovations.

§ 104-9 Revocation of permit.

The Code Enforcement Officer may revoke a permit theretofore issued and approved in the following instances:

A. When he or she finds that there has been any false statement or misrepresentations as to a material fact in the application, plans or specifications upon which the permit was based.

B. Where he or she finds that the permit was issued in error and should not have been issued in accordance with the applicable law.

C. Where he or she finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.

§ 104-10 Notices of violation; stop orders.

Whenever the Code Enforcement Officer has reasonable grounds to believe that a violation of applicable codes, local laws or ordinances exists, he or she shall issue a notice of violation. Similarly, whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable codes, laws, ordinances or regulations or is not in conformity with the provisions of an application, plans or specifications on the basis of which a permit was issued or is in an unsafe and dangerous manner, he or she shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. All such notices and orders shall be in writing, shall state the conditions under which the violation may be abated and the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the premises or building and sending a copy of the same by registered mail.

§ 104-11 Certificate of occupancy.

A. No building or structure hereafter erected or as to which there has been a change of ownership shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Code Enforcement Officer. Upon filing an application for a certificate of occupancy, fees shall be payable to the Village Treasurer in accordance with a schedule of fees which shall from time to time be fixed by resolution of the Board of Trustees.

[Amended 5-18-2012 by L.L. No. 7-2012; 11-20-2015 by L.L. No. 20-2015]

B. No building or structure hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Code Enforcement Officer.

[Amended 5-18-2012 by L.L. No. 7-2012]

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 Code Enforcement Officer.

D. The owner or his agent shall make application for a certificate of occupancy. Accompanying his application and before the issuance of a certificate of occupancy, there shall be filed with the Code Enforcement Officer an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional who supervised the construction of the work, or of the building contractor who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specifications in the affidavit.

E. Any owner of a building in the Village of East Hampton for which a building number has been established by the Town of East Hampton shall conspicuously post and display as hereafter set forth said number in the manner provided for herein. The posting and display of the building number shall be a prerequisite to the issuance of a certificate of occupancy. It shall be unlawful to post or maintain any number on any building other than the one designated for identification of that building at that address by the Official Map on file in the office of the Town of East Hampton Assessors.

(1) Manner of display. Address numbers for all buildings shall be displayed by permanently affixing or painting numerals, letters or script stating the number to the front of the building. Where the building is not close enough to the street or is not readily visible from the street for a number affixed to the building to be easily seen from the street, then the address number shall be permanently affixed to a sign, post or mailbox located at the frontage of the parcel or lot where the building is situate.

(2) Style and size of numbers. The numerals, letters or script used to display the address number of the building shall be made of metal or other durable material and shall be at least four inches in height. All numbers shall be displayed so as to be easily seen from the street by both pedestrians and drivers of vehicles.

[Amended 4-21-2006 by L.L. No. 10-2006]

§ 104-12 Inspection prior to issuance of certificate.

A. Before issuing a certificate of occupancy, the Code Enforcement Officer shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he or she may conduct such inspections as appropriate from time to time during and upon completion of the work for which a building permit has been issued.

B. There shall be maintained by the Code Enforcement Officer a record of all such examinations and inspections, together with a record of findings and violations of the law.

§ 104-13 Issuance of certificate of occupancy.

A. When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Code Enforcement Officer shall issue a certificate of occupancy upon the form provided by it. Prior to the issuance of a certificate of occupancy, additional fees may be required based upon any substantial changes in the plans and specifications which have increased the cost of the work. If it is found that the proposed work has not been properly completed, the Code Enforcement Officer shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.

B. A certificate of occupancy shall be issued, where appropriate, within a reasonable time.

[Amended 10-21-2005 by L.L. No. 19-2005]

C. The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structures or its several parts may be put.

§ 104-14 Temporary certificate of occupancy.

Upon request, the Code Enforcement Officer may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.

§ 104-15 Tests.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable laws, ordinances or regulations, the Code Enforcement Officer may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 104-16 Penalties for offenses; exceptions.

A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Officer, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.

B. Any person who shall fail to comply with a written order of the Code Enforcement Officer within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any person taking part or assisting in the construction of use of any building who shall knowingly violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Code Enforcement Officer made thereunder shall commit a violation of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.

C. This section shall not apply to violations of the provisions of the New York State Uniform Fire Prevention and Building Code punishable under § 385 of the Executive Law of the State of New York[1] nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.

[1] Editor's Note: Section 385 was repealed by L. 1981, c. 707. See now § 382 of the Executive Law.

§ 104-17 Abatement of violations.

Appropriate actions and proceedings may be undertaken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section.