[Adopted as Ch. 4 of the 1979 Code;
amended in its entirety 10-26-2004 by L.L. No. 36-2004]
The Building Inspector, operating under the
Town Building Zone Ordinance No. 26,[1] is hereby designated as the Superintendent of Buildings
under the Building Code. The Town Board may appoint one or more Deputy
Building Inspectors, as the need may appear, to act under the supervision
of the Building Inspector and to exercise any portion of his powers
and duties at compensation which shall be fixed by the Board; whenever
the Building Inspector is absent or unable to act, the Deputy Building
Inspectors are authorized to perform his functions.
No officer or employee of the Building Department
shall engage in any activity inconsistent with his duties or with
the interests of the Building Department, 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 Southampton,
excepting 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
or deputies as the case may be. The Building Inspector shall administer
and enforce all rules, regulations, laws and ordinances applicable
to the Building Code and 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.
Permit application. The Building Inspector shall receive
applications and issue permits for 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.
The Building Inspector 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 or 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 building
inspectors or other employees of the Department of Buildings or from
generally recognized and authoritative service and inspection bureaus,
provided the same are certified by a responsible official thereof.
D.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, the Building Inspector
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, inspection 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 12-22-2011 by L.L. No. 47-2011; 10-8-2013 by L.L. No.
19-2013; 8-24-2021 by L.L. No. 23-2021]
An application for a building permit or a demolition permit is not required where there is no change in the perimeter or structural elements of an existing structure which is being repaired, improved or remodeled, or for such kinds, types and methods of repairs, improvements and alterations as the Town Board shall specify from time to time in regulations adopted by said Board by resolution applicable to this article. Notwithstanding, a residential storage shed, as defined in Town Code §330-5, shall not require a building permit but shall require an owner’s certification attesting to compliance with current Town Zoning Code regulations.
[Amended 11-13-2007 by L.L. No. 55-2007; 12-22-2011 by L.L. No. 47-2011; 2-12-2013 by L.L. No 4-2013; 1-9-2018 by L.L. No. 1-2018]
A.
Building permit required.
(1)
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, improvement, conversion
or change in the use or nature of the occupancy of any building or
structure or cause the same to be done without first obtaining a building
permit, separate and distinct from that required by the Zoning Ordinance,
from the Building Inspector 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, except as provided herein.
(a)
Upon receipt of a building permit application for the alteration, reconstruction, rehabilitation, relocation, renovation, restoration, and substantial improvement, as these terms are defined in § 330-5, of any building or structure built prior to 1941, as determined from the Town Assessor's actual year built ("AYB") information or which is referenced in an adopted Hamlet Heritage Report, or in the 2014 Southampton Historic Resources Survey, as each may be periodically updated, the Building Division shall refer all application materials to the Landmarks and Historic Districts Board for review and/or recommendation.
[1]
The Landmarks and Historic Districts Board shall have 45 days
from the date of its receipt of a complete building permit application
to render a report and/or recommendation.
[2]
All reports and/or recommendations from the Landmarks and Historic
Districts Board shall be filed with the Building Division.
(b)
Maintenance or repairs that involve a change in design, material, color or outward appearance to designated landmarks or to structures located in historic districts shall be required to first obtain a certificate of appropriateness (COA) from the Landmarks and Historic Districts Board pursuant to § 330-322; a copy of said certificate of appropriateness shall be made available to any Building or Ordinance Inspector inquiring at the site.
(3)
No person, firm or corporation shall commence the
installation, extension, modification or removal of any electrical
system or parts thereof without first filing an electrical application
with the Building Division.
(a)
No person, firm or corporation shall install
or energize more electrical meters in a one-family building than the
number of distinct and separate residences in such building, as authorized
and shown on the certificate of occupancy applicable thereto, or,
if there is no certificate of occupancy, without written authorization
of the Chief Building Inspector of the Town of Southampton.
(4)
No person, firm or corporation shall commence the
construction, alteration, or removal of any plumbing or drainage systems
in existing or proposed buildings and structures or parts thereof
without first filing a plumbing application with the Building Division.
B.
Building permit application form; submission.
(1)
Application for a building permit shall be made to the Building Inspector
on forms provided by the Building Division 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(s) or structure(s).
(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.
(g)
Such other information as may reasonably be required by the
Building Inspector to establish compliance of the proposed work with
the requirements of the applicable building laws, ordinances and regulations.
(h)
A digital copy of all application materials shall be submitted in
a format determined, and changed as needed, by the Town Clerk.
[Added 3-10-2020 by L.L.
No. 2-2020]
(2)
Application shall be made by the owner or owner's agent 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 endorsement from the owner stating that
the applicant is authorized to make such application for the proposed
work.
[Amended 8-24-2021 by L.L. No. 23-2021]
(3)
Application for the installation, extension, modification or removal
of any electrical systems or parts thereof shall be made to the Electrical
Inspector on forms provided by him. Such forms shall contain information
as may reasonably be required by the Electrical Inspector to establish
compliance with the applicable ordinances and regulations.
(4)
Application for the construction, alteration, or removal of any plumbing
or drainage systems in existing or proposed buildings and structures,
or parts thereof, shall be made to the Building Inspector on forms
provided by him. Such forms shall contain information as may reasonably
be required by the Building Inspector to establish compliance with
the applicable ordinances and regulations.
(5)
Where the building or structure requires referral to the Landmarks and Historic Districts Board pursuant to Subsection A(1)(a) of this section, the following additional information shall be required to be submitted as part of the building permit application, unless otherwise waived by the Landmarks and Historic Districts Board at the request of the applicant:
(a)
Color photographs of the interior and exterior of all structures
that are part of the building permit application.
(b)
A structural engineering report regarding the condition/integrity
of all structures that are part of the building permit application.
(c)
Architectural drawings, including plans, elevations, and existing
and proposed site plans.
C.
Building permit plans and specifications; waivers; amendments.
(1)
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 nature and character
of the work to be performed and the materials to be incorporated,
distance from lot lines and relationship of structure on adjoining
property, widths and grades of adjoining streets, walks and alleys,
and, where required by the Building Inspector, details of structural,
mechanical and electrical work, including computations, stress diagrams
and other essential technical data.
(2)
Plans and specifications shall bear the signature of the person responsible
for the design and drawings.
(3)
The Building Inspector may waive the requirement for filing plans.
(4)
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 Building Inspector.
D.
Demolition permit required.
(1)
No person, firm or corporation shall commence the demolition or deconstruction, as these terms are defined in § 330-5, of any building or structure without first obtaining a demolition permit from the Building Inspector.
(a)
Upon receipt of a demolition permit application for the demolition or deconstruction, as defined in § 330-5, of any building or structure built prior to 1941, as determined from the Town Assessor's actual year built ("AYB") information or which is referenced in an adopted Hamlet Heritage Report or in the 2014 Southampton Historic Resources Survey, as each may be periodically updated, the Building Division shall refer all application materials to the Landmarks and Historic Districts Board for review and/or recommendations.
[1]
The Landmarks and Historic Districts Board shall have 45 days
from the date of its receipt of a complete demolition permit application
to render a report and/or recommendations.
[2]
All reports and/or recommendations from the Landmarks and Historic
Districts Board shall be filed with the Building Division.
E.
Demolition permit application form; submission.
(1)
Application for a demolition permit shall be made to the Building
Inspector on forms provided by the Building Division and shall contain
at least 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 or structure.
(c)
The full name and address of the owner(s) and of the applicant
and the names and addresses of their responsible officers, if any
of them are corporations.
(d)
A brief description of the nature of the proposed work.
(e)
Where a whole structure demolition is proposed, a certified
copy of the most recent deed recorded in the Suffolk County Clerk's
office and a hold harmless form. (The application and the hold harmless
form shall be signed by all owners listed.)
(f)
Such other information as may reasonably be required by the
Building Inspector to establish compliance of the proposed work with
the requirements of the applicable building laws, ordinances and regulations.
(g)
A digital copy of all application materials shall be submitted in
a format determined, and changed as needed, by the Town Clerk.
[Added 3-10-2020 by L.L.
No. 2-2020]
(2)
Where the building or structure requires referral to the Landmarks and Historic Districts Board pursuant to Subsection D(1)(a) of this section, the following additional information shall be required to be submitted as part of the demolition permit application, unless otherwise waived by the Landmarks and Historic Districts Board at the request of the applicant:
(a)
Color photographs of the interior and exterior of all structures
that are part of the demolition permit application.
(b)
A structural engineering report regarding the condition/integrity
of all structures that are part of the demolition permit application.
(c)
Architectural drawings, including plans, elevations, and existing
and proposed site plans.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. With respect to buildings and structures
to be constructed on lots within a filed subdivision map approved
by the Town Planning Board which has, as part of the public improvement
requirements, some type of fire-protection device (fire hydrant, fire
well, underground storage tank, etc.), the Building Inspector shall
obtain written confirmation from the Planning Board that such device
has been installed to the satisfaction of the respective fire district
and/or any other appropriate agency having jurisdiction over any and
all other public improvement requirements as stipulated by the Planning
Board at the time the subdivision was approved. However, lots within
such a subdivision which are served by existing streets or fire-protection
devices shall be exempt from such requirement. Upon written confirmation
from the Town Planning Board, the Building Inspector shall approve
or disapprove the application within a reasonable time.
B.
Every application for a building permit having a lot listed on the Wetlands Inventory List shall be referred to the Town Director of Natural Resources. The Director of Natural Resources shall, within seven working days, determine whether or not a permit is required under Chapter 325, Wetlands, of the Town Code. Where the Director of Natural Resources determines that a permit is necessary, no building permit may be issued until a permit has been obtained under Chapter 325, Wetlands. Where no permit is necessary under Chapter 325, Wetlands, the Building Inspector may proceed with the application under all other relevant statutes, rules and regulations.
C.
Upon approval of the application and upon receipt
of the legal fees therefor, the Building Inspector shall issue a building
permit to the property upon the form prescribed by him and shall affix
his signature or cause his signature to be affixed thereto.
[Amended 2-26-2019 by L.L. No. 8-2019]
D.
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 Building Inspector, and the other set 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.
E.
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 official shall disapprove the 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.
F.
For new
construction, the assigned street address number shall be posted and
displayed within five days of the issuance of a building permit. No
certificate of occupancy shall be issued unless the assigned street
address number is properly posted and displayed. It shall be unlawful
to post or maintain any number on any construction site or completed
building other than the street address number designated by the Town
Assessor’s office.
[Added 4-12-2011 by L.L. No. 8-2011]
[Amended 1-22-2013 by L.L. No. 3-2013; 8-25-2020 by L.L. No. 6-2020; 12-28-2021 by L.L. No. 28-2021]
A.
All permits
issued by the Building Inspector on or after January 18, 2022, shall
be effective and authorize the commencing of work in accordance with
the application, plans and specifications on which it is based for
a period of 24 months (two years) after the date of its issuance.
For good cause, the Building Inspector may allow a maximum of four
extensions for periods not exceeding six months each. After such time
a new building permit application and associated fees shall be required.
B.
The duration
of all open valid permits granted between January 17, 2021, and January
17, 2022, shall be automatically extended by one year.
C.
A building
permit which has expired pursuant to this section is void and of no
further force or effect.
[Amended 3-11-2008 by L.L. No. 14-2008]
A.
The Town of Southampton shall from time to time, by
resolution, determine the schedule of fees under the Building Code.
B.
On the filing of an application for a building permit,
the appropriate fee shall be payable as defined by the schedule of
fees in force at the time.
C.
Preconstruction fee. If any land clearing, excavation,
building, or commencement of any construction activity is without
the benefit of applicable Town permits, all fees associated with any
land clearing, excavation, building, or construction activity shall
be equal to double the otherwise applicable fee for all applications
and permits as provided by the Town Code.
[Added 4-28-2009 by L.L. No. 16-2009[1]]
[1]
Editor's Note: This local law also provided
for the redesignation of former Subsection C as Subsection D.
D.
Construction items related solely to improving access,
safety and independent living for the disabled and elderly at entrances
to and within buildings shall be exempt from building permit fee requirements.
(1)
Commercial establishment modifications. The building
permit fee shall be waived for all modifications to commercial buildings
or places of public accommodation related to removing architectural
barriers to access and improving access for persons with mobility
impairments, including but not limited to ramps and bathroom renovations.
(2)
Home modification. The building permit fee shall be
waived for all home modifications related to improving access for
persons with mobility impairments, including but not limited to ramps
and kitchen and bathroom renovations.
(3)
New home construction. The building permit fee shall
be reduced by $300 or waived, whichever is less, for new construction
of single-family dwellings in which the applicant opts to incorporate
the following universal design "basic access" features:
(a)
At least one stepless entrance to the dwelling
(may be located anywhere, front, rear, side or even in the garage).
(b)
Wider doors on the first floor (at least 32
inches clear passage).
(c)
At least a half bath on the first floor that
enables a wheelchair user to enter and close the door. In addition,
having reinforcements between wall studs in bathrooms, or what is
commonly called "blocking," allows for easier and safer installation
of grab bars if needed in the future for the home's occupants.
(4)
New two-family dwellings (duplexes) and three-family
dwellings (triplexes). For duplexes and triplexes, the building permit
fee shall be reduced by $300 or waived, whichever is less, if the
dwelling units are located outside of Senior Citizen Zones (SC-44),
Multifamily Planned Residential Developments (MFPRD), or Planned Development
Districts (PDD) and the applicant opts to incorporate the following
universal design "basic access" features:
(a)
At least one stepless entrance to the dwelling
(may be located anywhere, front, rear, side or even in the garage).
(b)
Wider doors and hallways on the first floor
(at least 32 inches clear passage).
(c)
At least a half bath on the first floor that
enables a wheelchair user to enter and close the door. In addition,
having reinforcements between wall studs in bathrooms, or what is
commonly called "blocking," allows for easier and safer installation
of grab bars if needed.
(5)
Priority review. The Chief Building Inspector shall
promulgate procedures for departmental review of applications for
building permits related to design modifications and accessibility
improvements which allow for priority review and expedited approval.
(6)
Temporary exceptions from dimensional restrictions.
(a)
The Chief Building Inspector shall have the
authority to approve the installation of design modifications and
accessibility improvements as a temporary exception from any applicable
front, side, and rear lot setback or similar dimensional restrictions
governing the maximum building area of a residentially zoned lot,
without necessity of an application for an area variance from the
Zoning Board of Appeals, subject to the following:
[1]
The applicant presents documentation from a
licensed physician declaring that one or more residents domiciled
at a dwelling within the Town of Southampton requires the construction
at said domicile of design modifications and accessibility improvements
to provide for access or egress aided by equipment requiring ramps
or lifts;
[2]
Such design modifications and accessibility
improvements shall not be included in the floor area or lot coverage
calculations applicable to the dwelling;
[3]
Such design modifications and accessibility
improvements do not project more than seven feet beyond the otherwise
permissible building area on the front, side, or rear of any dwelling;
and
[4]
The construction of said facilities or improvements
meets applicable code requirements for accessibility.
(b)
In granting such exemption, the Chief Building
Inspector shall limit the duration of the exception to the time period
specified by the licensed medical professional providing documentation
for the home design modification and accessibility improvement. An
extension of such duration may be permitted by presentation of further
documentation from a medical professional addressing the continued
need for the facility or improvement.
(c)
The Chief Building Inspector shall promulgate
such rules, procedures, application forms, and certificates as may
be required to effectively implement the provisions of this subsection.
The Building Inspector may revoke all permits
issued and approved in the following instances:
A.
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;
B.
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law;
C.
Where he finds that the work performed under the permit
is not being prosecuted in accordance with provisions of the application,
plans or specifications; or
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop-work order issued by
the Building Inspector.
[Amended 3-13-2007 by L.L. No. 9-2007; 2-27-2024 by L.L. No. 2-2024]
Whenever the Building Inspector, Fire Marshal,
or a Town Code Enforcement Official (hereinafter "authorized official")
has reasonable grounds to believe that work on any lot, building or
structure is being effectuated in violation of the provisions of the
applicable building laws, local laws, ordinances or regulations or
in a manner that is not in conformity with the provisions of a permit,
plans or specifications on the basis of which a permit(s) was issued,
or in an unsafe and dangerous manner, such authorized official shall
notify the owner of the property and/or the owner's agent, and the
person performing the work to immediately stop all work. Upon issuance
of a stop-work order, no person shall continue work on-site. All building
activities shall be suspended until the stop order has been rescinded
by written letter of the Building Inspector. A stop-work order and
notice to the owner and/or owner's agent shall be in writing, and
shall state the conditions to be corrected in order for the owner
and/or owner's agent to request a stop-work order lift letter so that
the work on-site may be resumed. A stop-work order may be served upon
a person to whom it is directed either by delivering it personally
to them, or by posting the same upon a conspicuous portion of the
building under construction and sending a copy of the same by registered
mail or certified mail. Corporate entities may be served by posting
upon a conspicuous portion of the building under construction and
sending a copy of the same to the New York Secretary of State by registered
mail.
Any building official, upon the showing of proper
credentials and in the discharge of his duties, may enter upon any
building, structure or premises at any reasonable hour, and no person
shall interfere with or prevent such entry.
B.
No building 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 Building
Inspector, in addition to any which may be required under the Zoning
Ordinance.
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, in addition
to any which may be required under the Zoning Ordinance.
D.
A certificate of occupancy shall be required for all regulated activities conducted pursuant to Chapter 325, Wetlands, of the Town Code.
E.
Electrical systems hereafter installed, extended or
modified shall not be used until a certificate of compliance has been
issued by the Building Department.
F.
Plumbing and drainage systems hereafter constructed,
altered, or removed shall not be used until a certificate of compliance
has been issued by the Building Department.
There shall be maintained in the Building Department
operated by the Building Inspector a record of all findings of violations
of this chapter and the code.
A.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after application therefor is made. Failure
to act upon such application within 30 days shall constitute approval
of such application, and the building or portion thereof may thereafter
be occupied as though a certificate of occupancy has been issued.
B.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy are
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 structure or its several parts
may be put. Except for certificates of occupancy issued with respect
to residential property, the certificate of occupancy shall set forth
the maximum number of persons permitted to occupy any building, structure
or portion thereof, as said occupancy is established pursuant to the
applicable provisions of the laws of the Town of Southampton.
In all applications for a building permit, the applicant shall certify that he will comply with the Building Code, and, on applications for a certificate of occupancy, the applicant shall certify, in writing, that he has complied with the Building Code and Chapter 330, Zoning, of the Town.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of applicable building laws, ordinances or regulations,
the Building Inspector may require the same to be subjected to tests
in order to furnish proof of such compliance.
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 article or to fail in any manner to comply
with a notice, directive or order of the Building Inspector 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 owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the construction or maintenance
of any building who shall knowingly violate any of the applicable
provisions of the Uniform Code, or this article, or any lawful order
of the Town made thereunder regarding standards for construction,
maintenance or fire protection equipment and systems, shall be punishable
by a fine of not more than $1,000 per day of offense or imprisonment
not exceeding one year, or both.
C.
This section shall not apply to violations of the
provisions of the Multiple Residence Law punishable under § 304
of the Multiple Residence Law of the State of New York.
Appropriate actions and proceedings may be taken
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 these remedies shall be
in addition to the penalties prescribed in the preceding section.
