[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 4-13-1964. Amendments noted
where applicable.]
[Amended 1-13-1975 by L.L. No. 1-1975]
There is hereby designated in the Village of
Bayville a public official to be known as the Building Inspector,
who shall be appointed by the Village Board at a compensation to be
fixed by it.
[Amended 1-13-1975 by L.L. No. 1-1975]
In the absence of the Building Inspector, or
in the case of his inability to act for any reason, the Mayor shall
have the power, with the consent of the Village Board, to designate
a person to act on behalf of the Building Inspector and to exercise
all of the powers conferred upon him by this chapter.
A.
Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Building Inspector shall administer and enforce all of 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.
[Amended 1-13-1975 by L.L. No. 1-1975]
B.
He 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.
He shall issue all appropriate notices or orders to
remove illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances 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 generally recognized and authoritative
service and inspection bureaus, provided that 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, he may require the
performance of tests in the field by experienced, professional persons
or by accredited and authoritative testing laboratories or service
bureaus or agencies.
[Added 1-13-1975 by L.L. No. 1-1975; amended 9-24-1979 by L.L. No. 1-1979; 10-25-1987 by L.L. No. 7-1987]
For the purposes of this chapter, the Board of Trustees hereby authorizes the Building Inspector, or the Village Engineer of the Incorporated Village of Bayville or any person, organization or firm appointed or retained by the Village Board to perform the functions or responsibilities of said Building Inspector, and the employees of such organization or firm acting within the scope of their employment in furtherance of such functions or responsibilities, to issue summonses for illegal violations of this chapter. The Board of Trustees hereby authorizes the Village Superintendent of Water or his designated deputy to issue summonses for violations of this chapter and Chapter 77 herein, as the same refers to noncompliance or violations of water use, water rates and water supply only.
[Amended 1-13-1975 by L.L. No. 1-1975]
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 submit monthly to the
Village 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 litigations pending.
[Amended 1-13-1975 by L.L. No. 1-1975]
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of the Police, Fire and Health Departments
or officers and of all other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
[Amended 1-13-1975 by L.L. No. 1-1975]
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 separate building permit 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. The Board of Trustees may in its discretion
impose any condition it deems reasonable with respect to the issuance
of any building permit or separate building permit.
[Amended 3-28-1977 by L.L. No. 5-1977]
B.
Application for a building permit shall be made to
the Building Inspector on forms provided by him and shall contain
the following information:
(1)
A description of the land on which the proposed work
is to be done.
(2)
A statement of the use or occupancy of all parts of
the land and of the building or structure.
(3)
The valuation of the proposed work.
(4)
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.
(5)
A brief description of the nature of the proposed
work.
(7)
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.
C.
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. 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.
D.
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, widths of adjoining streets,
walks and alleys, and, where required by the Building Inspector, 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 habitable floor area and each plot plan
shall give its area in terms of acreage. Plans and specifications
shall bear the signature of the registered architect or licensed professional
engineer responsible for the design and drawings for buildings costing
over $10,000.
E.
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 Building Inspector.
F.
No permit for the demolition of any building or structure within the Village shall be issued until security in the form of cash, certified check or a performance bond is filed with the Village Clerk. The security shall ensure the removal of rubble and debris, ensure that the premises will be returned to a suitable condition after completion of demolition and ensure that any conditions set by the Board of Trustees pursuant to § 13-7A of this chapter shall be complied with.
[Added 3-28-1977 by L.L. No. 5-1977]
G.
Letter of availability of water required; installation
of double-check valve.
[Added 10-25-1987 by L.L. No. 7-1987]
(1)
No building permits or approval for erection of a
new building or approval of any addition or alteration to an existing
building or any substantial change in use in a commercial building
or for installation or expansion of a swimming pool, hot tub or Jacuzzi
shall be issued without a letter of availability of water supply being
first issued by the Village Superintendent of Water, who shall examine
all such applications, including the plans and specifications submitted
herewith, and decide whether or not to issue such a letter of availability
of water supply.
[Amended 7-24-2000]
(2)
No building permits or approval for installation of
a lawn sprinkler system shall be issued without a letter of availability
of water supply being first issued by the Village Superintendent of
Water, who shall examine all applications for such lawn sprinkler
system, including the plans and specifications submitted therewith,
and make a decision as to whether or not to issue such a letter of
availability of water supply. Each application for a lawn sprinkler
system shall contain a lot plan showing types of soil, plants, lawn,
grass, clock, heads, zone and gallons of water per minute to be used.
The applicant or sprinkler system installation contractor shall complete
General Form 236, or other appropriate form requested by the county
or New York State authorities.
[Amended 7-24-2000]
(3)
The sprinkler system installation contractor shall
supply and install a double-check valve as required by the Village
Superintendent of Water, so as to protect the public water system.
The Superintendent of Water shall decide if a licensed plumber is
required for such work.
[Amended 1-13-1975 by L.L. No. 1-1975]
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith and shall approve or disapprove the
application within a reasonable time.
[Amended 9-24-1979 by L.L. No. 11-1979]
B.
Upon approval of the application and upon receipt
of the legal fees therefor, the building permit shall be issued to
the applicant in the form prescribed by the Village, with the signature
of the Building Inspector affixed thereto.
[Amended 9-24-1979 by L.L. No. 11-1979]
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 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.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the Building Inspector shall disapprove 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.
A.
A building permit shall be effective to authorize
the commencing of the work in accordance with the application, plans
and specifications on which it is based for a period of 12 months
after the date of its issuance. For good cause, the Building Inspector
may allow a maximum of two extensions for periods not exceeding three
months each.
[Amended 1-13-1975 by L.L. No. 1-1975]
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 laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications.
C.
A permit under which no work is started within three
months shall expire by limitation.
[Amended 1-13-1975 by L.L. No. 1-1975; 2-25-1985 by L.L. No. 3-1985]
A.
At the time of application for a building permit,
the following applicable fees shall be paid to the Village:
(1)
Building permit fees.
(5)
Certificate of occupancy fee.
(6)
Demolition permit fee.
(7)
Application fee for letter of availability from Superintendent
of Water.
[Added 10-25-1987 by L.L. No. 7-1987]
(8)
Application fee for fire sprinkler system.
[Added 10-25-1987 by L.L. No. 7-1987]
(9)
Application fee for lawn sprinkler system.
[Added 10-25-1987 by L.L. No. 7-1987]
B.
Building permit and certificate of occupancy fees.
(1)
The fee for a building permit or certificate of occupancy
shall be determined according to the following schedule. Said schedule
may be revised as determined from time to time by resolution of the
Board of Trustees to be necessary.
[Amended 7-24-2000; 8-28-2000 by L.L. No. 2-2000; 12-8-2003 by Res. No. 2003-123; 5-21-2018 by Res. No. 2018-72]
Value of Work
|
Fee
|
---|---|
Up to $1,000.
|
$50.00
|
Each additional $1,000 or fraction
thereof
|
$10.00
|
Certificate of occupancy
| |
For first $1,000
|
$35.00
|
Each additional $1,000 or fraction
thereof
|
$5.00
|
For change of use (business)
|
$10.00
|
Certificate of completion on alterations where
certificate of occupancy does not apply
| |
Up to $10,000
|
$25.00
|
Each additional $1,000 or fraction
thereof
|
$5.00
|
Inspection for new certificate of occupancy
|
$150.00
|
Duplicate copies of certificate of occupancy,
each
|
$25.00
|
Cesspools and/or septic systems (sanitary system),[4] each
|
$50.00
|
Plumbing or drainage permit
| |
For first 5 fixtures
|
$50.00
|
For each additional fixture
|
$10.00
|
Gas piping and/or new gas installation with
mercury test required
|
$50.00
|
Fire sprinkler permit
| |
For first 100 heads
|
$75.00
|
For each additional 20 heads
|
$10.00
|
Gasoline storage tank permit
| |
For first 1,000 gallons
|
$75.00
|
For each additional 1,000 gallons
or fraction thereof
|
$10.00
|
Oil burner installation permit,
each
|
$30.00
|
Oil tank installation permit, each
|
$25.00
|
Gas burner heating unit permit
|
$30.00
|
Street opening permit
|
$25.00
|
Curb cut permit, per linear foot
|
$5.00
|
Demolition permit ($2,500 bond or certified
check required)
|
$100.00
|
Application to the Superintendent of Water for
fire sprinkler system, lawn sprinkler system, swimming pool, hot tub,
Jacuzzi, heat pump and solar energy system and change of commercial
use and tap into main waterline
|
As provided herein
|
Lawn sprinkler system application
| |
For first 100 heads
|
$50.00
|
For each additional
20 heads
|
$10.00
|
Heat pump (from well)
|
$30.00
|
Solar energy system
|
$30.00
|
Dry wells
|
$35.00
|
Fence
|
$20.00
|
Fireplaces
|
$50.00
|
Fees for applicant to change the nature of use
for commercial buildings, to be paid to Water Department
| |
Filing fee
|
$ 15.00
|
Inspection fee
|
$10.00
|
Mother/Daughter special use permit
|
$300.00
|
Annual renewal
|
$50.00
|
[4]
Editor's Note: Standards for the installation
of such facilities are established by the Nassau County Health Department,
as adopted by resolution of the Board of Trustees 8-14-1972.
(2)
In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of 50%
of the fee paid, provided that no construction has been commenced.
If construction work has been started and the application is not approved,
the fees paid shall not be refunded. All permits shall expire in one
year, and the renewal fee is $50.
(3)
Failure to file for a permit before work is begun
will cause the permit fee to be doubled.
C.
For the purpose of Subsection B herein, and without any effect on the valuation of property for real property tax purposes, work shall be valued on the basis of the gross square footage of the proposed building or structure, as determined from time to time by resolution of the Board of Trustees, according to the use to which the building or structure shall be put. Such valuation shall be expressed in a form similar to the following:
Type of Use
|
Cost of Work
(per square foot)
|
One-story, one-family residential dwelling
|
|
Two-story, one-family residential dwelling
|
|
First story
|
|
Second story
|
|
Office buildings, shopping centers, professional
buildings and all other commercial uses
|
|
NOTE: Valuation is to be determined by use of:
Mean square foot cost minus the Dodge book or other national recognized
construction cost indicator, with a minimum of $50.
|
[Amended 1-13-1975 by L.L. No. 1-1975]
The Building Inspector may revoke a building
permit theretofore 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 the provisions of the application,
plans or specifications.
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
[Amended 1-13-1975 by L.L. No. 1-1975]
A.
Whenever the Building Inspector has reasonable grounds
to believe that work on any building or structure is being prosecuted
in violation of the provisions of the applicable building laws, ordinances
or regulations or not in conformity with the provisions of the application,
plans or specifications on the basis of which a building permit was
issued, or in an unsafe and dangerous manner, he shall notify the
owner of the property, 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. Such order and notice shall be in writing,
shall state the conditions under which 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 building under construction and sending a copy of the same
by registered mail.
B.
Whenever the Superintendent of Water or his deputy has reasonable grounds to believe that work on any building or structure or water supply structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or the water department rules under Chapter 77 herein or not in conformity with the provisions of the application, plans or specifications or letter of availability of water supply or the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property, 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 or water supply activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon 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 building under construction or water supply structures and sending a copy of the same to such person by certified mail, all as the same refers to noncompliance or violations of water use, water rates and water supply.
[Added 10-25-1987 by L.L. No. 7-1987]
Any building official, upon 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.
[Amended 1-13-1975 by L.L. No. 1-1975]
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Village.
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 Village.
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 Village. The requirements
of this subsection shall apply to all zoning districts, including
the Business District, and shall apply wherever the use of buildings
in the Business District is changed, irrespective of the fact that
the use or type of occupancy of the building is a permitted use in
said district.
[Amended 1-22-1979 by L.L. No. 4-1979]
D.
The owner or his agent shall make application for
a certificate of occupancy. The application is to be accompanied by
a certificate of the New York Board of Fire Underwriters and a final
survey showing the building location, location of sanitary facilities,
distances to the nearest boundary and the area of the plot.
[Amended 1-13-1975 by L.L. No. 1-1975]
Before issuing a certificate of occupancy, the
Building Inspector 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 may conduct such inspections
as he deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued. There shall
be maintained in the Building Department a record of all such examinations
and inspections, together with a record of findings of violations
of the law.
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, a certificate of occupancy
shall be issued on forms prescribed by the Village. If it is found
that the proposed work has not been properly completed, the certificate
of occupancy shall not be issued and the work shall be ordered to
be completed in conformity with the building permit and in conformity
with the applicable building regulations.
[Amended 1-13-1975 by L.L. No. 1-1975]
B.
Certificates of occupancy shall be approved by and
issued over the signature of the Building Inspector.
[Amended 1-13-1975 by L.L. No. 1-1975; 9-24-1979 by L.L. No. 11-1979]
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 structure or its several parts
may be put.
[Amended 1-13-1975 by L.L. No. 1-1975]
Upon request, a temporary certificate of occupancy
may be issued for a building or structure, or part thereof, before
the entire work covered by the building permit shall have been completed,
provided such portion or portions as have been completed may be occupied
safely without endangering life or the public welfare.
[Amended 1-13-1975 by L.L. No. 1-1975]
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the 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 chapter or to fail in any manner to comply
with a notice, directive or order of the Building Inspector or to
construct, alter or use and occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or
certificate of occupancy.
[Amended 1-13-1975 by L.L. No. 1-1975]
B.
Any person who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any
other person taking part or assisting in the construction or 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 Building Inspector made thereunder, shall be punishable
by a fine of not more than $500 or 30 days in jail, or both. Each
day that a violation continues shall be deemed a separate offense.
[Amended 1-13-1975 by L.L. No. 1-1975]
C.
Except as provided otherwise by law, such violation
shall not be a crime and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment, and shall not impose any disability upon or affect or
impair the credibility as a witness, or otherwise, of any person convicted
thereof.
D.
This section shall not apply to violations of the
provisions of the State Building Construction Code punishable under
§ 385 of the Executive Law of the State of New York, 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.
A.
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. These remedies shall be in addition
to the penalties prescribed in the preceding section.
B.
All orders issued by the Building Inspector shall
have the prior approval of the Board of Trustees. Court costs for
any proceedings resulting from the enforcement of this chapter shall
be paid by the violator.
[Added 1-13-1975 by L.L. No. 1-1975]
The fire limits of the Incorporated Village
of Bayville, as established and amended from time to time by the Board
of Trustees of the Village, shall bound the more congested business
area within a fire district where a fire hazard is deemed to exist.
Such fire limits shall be designated as stated in the New York State
Building Construction Code.[1]
[Amended 1-13-1975 by L.L. No. 1-1975]
All matters and questions relating to building
or building operations necessary for the safety and public welfare
but not covered or provided for in this chapter shall be decided by
the Building Inspector according to the best trade practices or recognized
standards of competent authorities having jurisdiction or specializing
in the same, and the decision shall be binding as if contained in
this chapter.