Chapter 43

BUILDING CONSTRUCTION

[HISTORY: Adopted by the Board of Trustees 11-27-1967. Amendments noted where applicable.]  

GENERAL REFERENCES

 Architectural Review Board — See Ch. 4.

 Flood damage prevention — See Ch. 65.

 Landscaping and construction contractors — See Ch. 72.

 Stormwater and storm sewers — See Ch. 106.

 Trees — See Ch. 122.

  

ARTICLE I

Building Code

§ 43-1.  Adoption of standards.

The Village has adopted by resolution the New York State Building Construction Code as contained in New York State Executive Law Article 18 and amendments as may be made thereto to control building construction and equipment in the interest of public health, safety and welfare and the same shall be fully complied with as a minimum standard.  

ARTICLE II

Supplements to the Building Construction Code

§ 43-2.  Pile foundations installations. 

A.     Inspection and control. The owner shall maintain a competent licensed professional engineer experienced in pile foundation installation on the site during pile installation to insure and certify pile installation. 

B.     Identification of piles. A plan showing clearly the designation of all piles by an identity system shall be kept. A record of pile driving shall be kept by owners representative of the total penetration of every pile and behavior of such pile during driving. Any deviation from the design location, alignment or load carrying capacity of any pile shall be promptly reported to the design engineer of record and adequate corrective measures shall be taken. Plans showing such deviations and corrective measures shall be filed with the Building Inspector. Upon completion of the pile driving, all pile driving records, together with the records of such additional borings or other subsurface information that were obtained during the installation of the piles shall be filed with proper certification with the Village Clerk.   

§ 43-3.  Property and road elevations.

The cellar or basement finish floor shall be not less than 10 feet above Nassau County Datum Zero. Any openings in the foundation walls shall be not less than 5 feet above the basement or cellar floor level. Finished first floor on ground, when approved by the Board of Appeals, shall be not less than 15 feet above Nassau County Datum Zero. Public or private roads shall be not less than 13 feet above Nassau County Datum Zero. Attached, detached and built-in garage area shall have floor level not less than 13 feet above Nassau County Datum Zero. 

§ 43-4.  Cellars or basements.  [Amended 4-7-1969]

No residence shall be erected unless a cellar or basement occupies at least 40% of the gross area of the residence, and the remaining outside wall or walls shall have a foundation of at least 3 1/2 feet below finished exterior grade.[1] 

§ 43-5.  Heating. 

A.     The construction and installation of all equipment, accessories and appurtenances shall comply with the published standards, requirements and recommendations of the National Fire Protective Association, National Board of Fire Underwriters, American Standards Association and the American Society of Mechanical Engineers. 

B.     Labeling of equipment and accessories by the Underwriters Laboratories, Inc., American Gas Association or the American Society of Mechanical Engineers or Commercial Standard labeling will be accepted as conforming with design standards. 

C.     The materials, equipment and installation shall comply generally with the National Board of Fire Underwriters Building Code, Appendix 1, and specifically with the National Fire Protection Association Standard #54 when gas-fired; National Fire Protection Association Standard #70 (National Electrical Code) when electrical heating is used. [Amended 5-3-2004 by L.L. No. 1-2004]   

§ 43-6.  Drywells. [Added 5-3-2004 by L.L. No. 1-2004]

Every property shall have installed and maintained a sufficient number of drywells capable of retaining at least a 2 3/4 inch rainfall, and which are located at least 10 feet from any dwelling and 10 feet from any property line. Any application for a building permit shall include a survey showing the calculations for the drywells and their location. After the inspection of the installation of the drywells by the Building Inspector, an as-built survey indicating the actual location of the drywells and any on-site sanitary system must be submitted prior to the issuance of a certificate of occupancy or completion. 

§ 43-7.  Central air conditioning; in-window and in-wall air conditioners. [Added 5-3-2004 by L.L. No. 1-2004] 

A.     Definitions. As used in this chapter, the following terms shall have the meanings indicated: 

CENTRAL AIR CONDITIONING — An air-conditioning system designed and installed to cool an entire building or major portion thereof from an interior location, although components may be installed outside the building walls.  

WALL AIR CONDITIONER — A self-contained air-conditioning unit installed in the exterior wall of a building.  

WINDOW AIR CONDITIONER — A self-contained air-conditioning unit installed in a window of a building.  

B.     Central air-conditioning systems may be installed only in accordance with the following: 

(1)    Manufacturer's approved base under condenser. 

(2)    Sound level not to exceed 55 decibels. 

(3)    Unit completely screened by evergreen shrubs which are minimum height of 6 inches above the highest point of the system or unit being screened. 

(4)    No exposed pipe or electric wires on exterior of building unless in conduit. 

(5)    National Electric Code. 

(6)    All exterior components must be installed on either the side or rear yards. 

(7)    Compressors shall not exceed 5 tons. 

(8)    The location of all exterior components, including the disconnect switch, and the type, size and location of all screening shrubbery for external components shall be depicted on a site plan. 

(9)    An affidavit from the installer certifying that the installation complies with this chapter and with all manufacturer's standards.   

C.     In-window and in-wall air conditioners may be installed only on the side and rear windows or walls of a building.   

§ 43-8.  Conversion of oil heating system to gas heating system. [Added 5-3-2004 by L.L. No. 1-2004] 

A.     A permit must be issued by the Building Inspector for the conversion of an oil heating system to a gas heating system. Prior to the issuance of a certificate of completion for such system a mercury test must be performed by a licensed plumber with the Building Inspector present. 

B.     A permit shall be required for the removal or abandonment of an in-ground oil tank. A site plan indicating the location of the in-ground oil tank shall be submitted as part of the permit application, in addition to the name and license number of the contractor who will perform the work. In-ground oil tanks with a capacity of more than 1,100 gallons must be removed in accordance with all applicable regulations. Tanks with a capacity of 1,100 gallons or less may remain in place provided they are drained, cleaned and filled with approved material with Health Department certification.    

ARTICLE III

Administration and Enforcement

[Amended 4-7-1969; 3-28-1977 by L.L. No. 2-1977; 9-12-1988 by L.L. No. 2-1988; 5-6-1991 by L.L. No. 3-1991; 6-26-2000 by L.L. No. 6-2000; 3-12-2001 by L.L. No. 1-2001; 4-2-2001 by L.L. No. 3-2001; 5-3-2004 by L.L. No. 1-2004; 2-4-2008 by L.L. No. 1-2008[2]]

§ 43-9.  Definitions.

In this Chapter 43: 

BUILDING PERMIT — A permit issued pursuant to § 43-11 of this chapter, as such permit may be renewed, amended or extended pursuant to any provision of this chapter.  

CERTIFICATE OF OCCUPANCY and CERTIFICATE OF COMPLIANCE — A certificate issued pursuant to § 43-15B of this chapter.  

VILLAGE BUILDING INSPECTOR — The Village Building Inspector appointed pursuant to § 43-10B of this chapter.  

CODE ENFORCEMENT PERSONNEL — The Village Building Inspector and all inspectors.  

COMPLIANCE ORDER — An order issued by the Village Building Inspector pursuant to § 43-23 of this chapter.   

ENERGY CODE — The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.  

INSPECTOR — An inspector appointed pursuant to § 43-10C of this chapter.  

OPERATING PERMIT — A permit issued pursuant to § 43-19 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.  

PERMIT HOLDER — The person to whom a building permit has been issued.  

PERSON — An individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.  

STOP-WORK ORDER — An order issued pursuant to § 43-18 of this chapter.  

TEMPORARY CERTIFICATE — A certificate issued pursuant to § 43-15 of this chapter.  

UNIFORM CODE — The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.   

VILLAGE — The Village of Plandome Heights.  

VILLAGE BOARD — The Board of Trustees of the Village of Plandome Heights.  

VILLAGE BUILDING INSPECTOR — The officer appointed pursuant to § 43-10 of this chapter.  

VILLAGE ZONING CODE — Chapter 140 of the Code of the Village of Plandome Heights, as duly amended from time to time by the Village Board, and any successor Code provision or local law.  

§ 43-10.  Village Building Inspector. 

A.     The Village Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Village Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. The Village Building Inspector shall be appointed by the Mayor and approved by the Board of Trustees for a term of 1 year at a compensation to be fixed by the Board. He or she shall not be removed from office except for cause after a public hearing on specific charges before the Board of Trustees. 

B.     In the event that the Village Building Inspector, or in the case of his or her 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 Village Building Inspector and to exercise any or all of the powers conferred upon him or her by this chapter. Without in any way limited the foregoing, the Village Clerk is hereby authorized to execute, issue and deliver any and all orders, instruments, and certificates or other official documents of any type or nature contemplated hereunder to be executed, issued or delivered by the Village Building Inspector , including, without limitation, certificates of occupancy, certificates of completion, building permits, orders to remedy, compliance orders, stop-work orders and appearance tickets, upon consultation with the Village Building Inspector in connection with each such matter. 

C.     The Mayor, with the approval of the Village Board, may appoint 1 or more inspectors to act under the supervision and direction of the Village Building Inspector and to exercise any portion of the powers and duties of the Village Building Inspector as directed by him or her. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. 

D.     The compensation for the Village Building Inspector acting Village Building Inspector and inspectors shall be fixed and adjusted as deemed appropriate by the Village Board. 

E.      The Village Building Inspector shall have the following powers and duties: 

(1)    To receive, review, and, through the Village Clerk, approve or disapprove applications for building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications; 

(2)    Upon approval of such applications, to issue, through the Village Clerk, building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits such terms and conditions as the Village Building Inspector may determine to be appropriate; 

(3)    To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter; 

(4)    To issue, through the Village Clerk, stop-work orders; 

(5)    To review and investigate complaints; 

(6)    To issue, through the Village Clerk, orders pursuant to § 43-23A, Compliance orders, of this chapter; 

(7)    To maintain records; 

(8)    To collect fees as set by the Village Board; 

(9)    To pursue administrative enforcement actions and proceedings; 

(10)  In consultation with the Village Attorney, to pursue, and/or assist the Village in pursuing, such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and 

(11)  To exercise all other powers and fulfill all other duties conferred upon the Village Building Inspector by this chapter.   

F.      The Building Inspector shall not, while acting pursuant to the provisions of this chapter, be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties, providing that such acts are performed in good faith and without gross negligence.   

§ 43-11.  Building permits. 

A.     Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building, structure or accessory structure or any portion thereof, driveways, walkways, patios or other permanent nonvegetated areas (as defined for purposes of Chapter 140), and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Village Clerk. For purposes of this chapter, a fence shall be deemed a structure. 

B.     Exemptions. No building permit shall be required for work in any of the following categories:  

(1)    Installation of swings and other playground equipment associated with a 1- or 2-family dwelling or multiple single-family dwellings (townhouses); 

(2)    Installation of swimming pools associated with a 1- or 2-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; 

(3)    Installation of partitions or movable cases less than 5 feet 9 inches in height; 

(4)    Painting, wallpapering, tiling, carpeting, or other similar finish work; 

(5)    Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; 

(6)    Repairs, provided that such repairs do not involve: the removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component; the removal or change of any required means of egress; or the rearrangement of parts of a structure in a manner which affects egress; the enlargement, alteration, replacement or relocation of any building system; or the removal from service of all or part of a fire protection system for any period of time. For purposes hereof, any determination by the Building Inspector as to whether a wall or component is load-bearing shall be deemed conclusive, absent manifest error.   

C.     Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. 

D.     No legalization due to delinquency. No oversight or dereliction of duty on the part of the Building Inspector, or a person acting on behalf of the Building Inspector, shall legalize the erection, constructions, alteration, removal of, use or occupancy of any building or structure that does not conform to the applicable building laws, ordinances or regulations, or that does not conform with the provisions of an application, plans, or specifications, on the basis of which a building permit was issued, or that does not conform to the applicable provisions of the Uniform Code or the Energy Code.   

§ 43-12.  Application for building permit. 

A.     The application for a building permit and its accompanying documents shall contain sufficient information to permit a determination that the intended work satisfies the requirements of the Uniform Code and the Energy Code and the Village Zoning Code. 

B.     The form of the building permit and application therefor shall be prescribed by the Village Clerk. The application shall be signed by the owner (or his or her authorized agent) of the premises and shall contain at least the following: 

(1)    Full name and address of the owner, and if by a corporation or other legal entity, the names and addresses of its authorized officers; 

(2)    Identification and/or description of the premises on which the work is to be done, including the Tax Map number and the street address; 

(3)    The occupancy classification of any affected building or structure; 

(4)    A description of the proposed work; 

(5)    Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and 

(6)    At least 2 sets of construction documents (drawings and/or specifications) which:  

(a)     Define the scope of the proposed work;  

(b)     Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;  

(c)     Indicate with sufficient clarity and detail the nature and extent of the work proposed;  

(d)    Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and  

(e)     Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, the materials to be incorporated, the distances between the buildings and structures and the lot lines, the relationships of structures on adjoining property; width and grades of adjoining streets, walks and alleys, and details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.   

(7)    Board of Appeals and Architectural Review Board decisions, if any. Where Board of Appeals and/or Architectural Review Board approvals have been granted for the proposed work, no building permit shall be issued later than 180 days from the date that the Board of Appeals' decision is filed with the Village Clerk's office, or 90 days from the date that the Architectural Review Board's decision is filed in the Village Clerk's office, whichever is later, unless such time periods have been extended by the respective Boards; and 

(8)    The required fee.   

C.     Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Village Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Village Building Inspector, and 1 set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. 

D.     Changes. The applicant shall notify the Village Building Inspector of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work has been determined to conform to the requirements of the Uniform Code and the Energy Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Village Building Inspector, and approval shall be received from the Village Building Inspector, through the Village Clerk, prior to the commencement of such change of work. 

E.      Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code, the Energy Code and this chapter. The Village Clerk shall issue a building permit if the Village Building Inspector advises the Village Clerk that proposed work is in compliance with the applicable requirements of the Uniform Code, the Energy Code and this chapter. The Village Clerk shall not issue a building permit unless the applicant has provided proof of comprehensive general liability insurance with coverage amount of not less than $1,000,000, workers' compensation insurance and disability benefits coverage or an affidavit that the applicant has not engaged an employer or any employees to perform work relating to the building permit. 

F.      Payments of All Amounts Due, Resolution of All Outstanding Violations. No Building Permit shall be issued until all fees applicable thereto, as required by resolution duly adopted by the Board of Trustees from time to time, are paid to the Village. No Building Permit shall be issued if the Building Inspector has determined that a violation of any provision of the Village Code exists on or at the subject property, or a summons or appearance ticket has been issued with regard to an alleged violation of any provision of the Village Code on or at any other property owned by the owner or the applicant within the Village, or any fees, deposits or others sums of money are due to the Village with regard to the subject property; or otherwise due to the Village from the owner of the subject property; or otherwise due to the Village from the applicant, if the applicant is not the owner. 

G.     Work to be performed in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Village Building Inspector of any change occurring during the course of the work. The building permit shall contain such a directive. If the Village Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued by the Village Clerk. 

H.     Time limits. Building permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Village Building Inspector. 

I.       Revocation or suspension of building permits. If the Village Building Inspector determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code or the Village Code, or that the work to which it pertains is not proceeding in conformance with the Uniform Code or the Energy Code or the Village Code or with any condition attached to such permit, or the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Village Clerk, upon consultation with the Village Building Inspector, then the Clerk, upon consultation with the Village Building Inspector, shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code, the Energy Code and this chapter, and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, the Energy Code and the Village Code. 

J.       Fee. The fee specified in or determined in accordance with the Schedule of Fees and payments established from time to time by the Board of Trustees and maintained by the Village Clerk as described in § 43-14 of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.   

§ 43-13.  General permit requirements. 

A.     A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains and shall remain visible until the authorized work has been completed. 

B.     Each building permit issued pursuant to this article shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. A building permit issued pursuant to this chapter shall expire 1 year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written application for renewal, be renewed for not more than 2 periods not to exceed 6 months in the aggregate, provided: 

(1)    The permit has not been revoked or suspended at the time the application for renewal is made; 

(2)    The approval of the application for renewal is granted by the Village Clerk, upon consultation with the Village Building Inspector; 

(3)    The relevant information in the application is up-to-date; and   

(4)    The renewal fee is paid.   

C.     Any project which is not completed within 1 year from the date of issuance of the building permit, or such longer period covered by any approved extension, shall be deemed abandoned and it shall be the duty of the holder of the building permit or the owner of the premises, his agent, or duly authorized representative to backfill any open excavation up to the existing ground level. In case the construction of the building or structure has proceeded beyond the cellar excavation, all incompleted structures or opening shall be completely boarded up so as to prevent access to the building or structure in order to limit and prevent danger to persons or property and possible fire hazards.   

§ 43-14.  Fees.

A schedule of fees applicable to all applications, inspections and other actions made under this chapter shall be established, and changed as needed, by resolution adopted by the Village Board. Such fees may be charged for the submission of applications, issuance of building permits, certificates of occupancy, certificates of compliance, amended building permits, renewed building permits, temporary certificates and for firesafety and property maintenance, inspections and other actions of the Village Building Inspector or Village Clerk, described in or contemplated by this chapter. 

§ 43-15.  Certificates of occupancy and certificates of compliance. 

A.     Certificates of occupancy and certificates of compliance required. A certificate of occupancy shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof which are converted from 1 use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit and certificate of occupancy was previously issued shall be granted only by issuance of a certificate of compliance. Any other work for which a certificate of occupancy is not required must obtain a certificate of compliance. 

B.     Issuance of certificates of occupancy and certificates of compliance. The Village Building Inspector shall issue a certificate of occupancy or certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code and the Village Code and, if applicable, the structure, building or portion thereof that was converted from 1 use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code, the Energy Code and the Village Code. The Village Building Inspector or an inspector authorized by the Village Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Village Building Inspector, at the expense of the applicant for the certificate of occupancy or certificate of compliance, shall be provided to the Village Building Inspector prior to the issuance of the certificate of occupancy or certificate of compliance: 

(1)    A written statement of structural observations and/or a final report of special inspections; and 

(2)    Flood hazard certifications.   

C.     Contents of certificates of occupancy and certificates of compliance. A certificate of occupancy and certificate of compliance shall contain the following information: 

(1)    The building permit number, and, if any the permit number of any extensions or renewals thereof; 

(2)    The date of issuance of the building permit, if any, and of any extensions or renewals thereof; 

(3)    The name, address and Tax Map number of the property; 

(4)    If the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued; 

(5)    The use and occupancy classification of the structure; 

(6)    The type of construction of the structure; 

(7)    The assembly occupant load of the structure, if any; 

(8)    If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; 

(9)    Any special conditions imposed in connection with the issuance of the building permit; and 

(10)  The signature of the Village Building Inspector issuing the certificate of occupancy or certificate of compliance and the date of issuance.   

D.     Temporary certificate. The Village Building Inspector shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Village Clerk issue a temporary certificate unless the Village Building Inspector determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and that all required means of egress from the building or structure have been provided. The Village Clerk, upon consultation with the Village Building Inspector, may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed 6 months, which shall be determined by the Village Building Inspector and specified in the temporary certificate, except that for due cause, the Village Clerk, upon consultation with the Village Building Inspector, may allow 1 extension for a period of 1 month. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. 

E.      Revocation or suspension of certificates. If the Village Building Inspector determines that a certificate of occupancy or certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Village Building Inspector within such period of time as shall be specified by the Village Building Inspector, the Village Clerk, upon consultation with the Village Building Inspector, shall revoke or suspend such certificate. 

F.      Fee. The fee specified in or determined in accordance with the provisions set forth in this chapter must be paid at the time of submission of an application for a certificate of occupancy or certificate of compliance or for a temporary certificate.   

§ 43-16.  Notification regarding fire or explosion.

The chief of any fire department providing fire-fighting services for a property within the Village shall promptly notify the Village Building Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent. 

§ 43-17.  Inspections. 

A.     Inspections during construction. 

(1)    Work for which a building permit has been issued hereunder shall be inspected by the Village Building Inspector 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. It shall be the responsibility of the owner, applicant, or his or her agent to inform the Village Building Inspector that the work is ready for inspection and to schedule such inspection. 

(2)    It shall be the responsibility of the owner, applicant, or his or her agent to provide a list, at his or her expense, of all work which requires special inspections during construction. A statement of the special inspections, including a complete list of materials and work requiring such inspections, and a list of the individuals and approved agencies to conduct such special inspections shall be provided to the Village Building Inspector or his or her designee for the permit application file. The reports of such special inspections shall be provided to the Village Building Inspector or his or her designee for the Village's records. 

(3)    If the Village Building Inspector is denied access or entrance to make an inspection for any reason, the Village Board, after being notified by the Village Building Inspector of the situation, may apply to the Village Justice Court or any other court of competent jurisdiction for a municipal search warrant or order authorizing the Village Building Inspector to make such inspection.   

B.     Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: 

(1)    Work site prior to the issuance of a building permit; 

(2)    Footing and foundation; 

(3)    Preparation for concrete slab; 

(4)    Framing; 

(5)    Building systems, including underground and rough-in; 

(6)    Fire-resistant construction; 

(7)    Fire-resistant penetrations; 

(8)    Solid-fuel-burning heating appliances, chimneys, flues or gas vents; 

(9)    Energy Code compliance; and 

(10)  A final inspection after all work authorized by the building permit has been completed.   

C.     Preinspection filings. Before the Building Inspector shall examine or inspect or cause to be examined or inspected a new structure or new building, the applicant shall file with the Building Inspector: 

(1)    A certificate by a licensed architect or licensed engineer certifying that the construction of said new structure or new building has been completed in accordance with and in conformity to the application, plans and specifications filed in connection with the issuance of the building permit. 

(2)    A survey by a licensed surveyor showing the exterior of the new and/or altered building and the location of said structure or building with relation and distance from the lot lines, site contours and topographical information including existing and proposed mean grade elevation.   

D.     Tests. 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 subject to tests in the field by experienced persons or by accredited and authorized laboratories and/or service bureaus or agencies in order to furnish proof of such compliance. 

E.      Inspection results. After inspection, the Village Building Inspector shall confirm in writing that the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. 

F.      Fire prevention and property maintenance inspections. 

(1)    Multiple dwellings shall be inspected for the purpose of determining compliance with fire prevention and property maintenance requirements of the Uniform Code at least once every 36 months. Inspections of such buildings shall include the common areas such as halls, foyers, staircases, etc. and vacant dwelling units. Where the tenants of occupied dwelling units allow, the inspection may include such units. 

(2)    Firesafety and property maintenance inspections of buildings or structures having areas of public assembly, defined as "all buildings or portions of buildings used for gathering together 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, or similar purposes, the entire fire area of which they are a part, and the means of egress therefrom" and of dormitories shall be performed at least once every 12 months. 

(3)    All other buildings, uses and occupancies (except 1- or 2-family dwellings) shall be inspected at least once every 24 months. 

(4)    An inspection of a building or dwelling unit may also be performed at any other time upon:  

(a)     The request of the owner, authorized agent, or tenant;  

(b)     Receipt of a written statement alleging that conditions or activities failing to comply with the Uniform Code and Energy Code exists; or  

(c)     Other information received by the Village Building Inspector, reasonably believed by the Village Building Inspector to be reliable, providing reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.     

G.     OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b.   

H.     Fee. The fee specified in or determined in accordance with the provisions set forth in this chapter must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by the OFPC.   

§ 43-18.  Stop-work orders. 

A.     Authority to issue. The Village Clerk, upon consultation with the Village Building Inspector, is authorized to issue stop-work orders pursuant to this section. The Village Clerk, upon consultation with the Village Building Inspector, shall issue a stop-work order to halt: 

(1)    Any work that is determined by the Village Building Inspector to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or 

(2)    Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Village Building Inspector, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or 

(3)    Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.   

B.     Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the Village Building Inspector, state the reason or reasons for issuance, and, if applicable, state the conditions which must be satisfied before work will be permitted to resume. 

C.     Service of stop-work orders. The Village Clerk shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Village Clerk shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the effectiveness or enforceability of the stop-work order. 

D.     Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order. 

E.      Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 43-23, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.   

§ 43-19.  Operating permits. 

A.     Operating permits required. 

(1)    Operating permits shall be required for conducting the activities or using the categories of buildings listed below:  

(a)     Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;  

(b)     Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;  

(c)     Use of pyrotechnic devices in assembly occupancies;  

(d)    Buildings containing 1 or more areas of public assembly with an occupant load of 100 persons or more; and  

(e)     Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Village Board.   

(2)    Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.   

B.     Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Village Clerk. Such application shall include such information as the Village Building Inspector deems sufficient to permit a determination by the Village Building Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Village Building Inspector determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Village Building Inspector, at the expense of the applicant. 

C.     Inspections. The Village Building Inspector or an inspector authorized by the Village Building Inspector shall inspect the subject premises prior to the issuance of an operating permit. 

D.     Multiple activities. In any circumstance in which more than 1 activity listed in Subsection A of this section is to be conducted at a location, the Village Clerk, upon consultation with the Village Building Inspector, may require a separate operating permit for each such activity, or the Village Clerk, upon consultation with the Village Building Inspector, may, in his or her discretion, issue a single operating permit to apply to all such activities. 

E.      Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed 1 year in the case of any operating permit issued for an area of public assembly and not to exceed 3 years in any other case, as shall be determined by the Village Clerk, upon consultation with the Village Building Inspector, to be consistent with local conditions. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Village Building Inspector, payment of the applicable fee, and approval of such application by the Village Clerk, upon consultation with the Village Building Inspector. 

F.      Revocation or suspension of operating permits. If the Village Building Inspector determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended. 

G.     Fee. The fee specified in or determined in accordance with the provisions set forth in this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.   

§ 43-20.  Complaints.

The Village Building Inspector shall review and investigate complaints which are in writing and signed by the complainant, and which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other local law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. For purposes hereof, a writing sent electronically which identifies the complainant to the reasonable satisfaction of the Village Clerk shall be deemed in writing and signed by the complainant. The process for responding to a complaint shall include such of the following steps as the Village Building Inspector may deem to be appropriate: 

A.     Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; 

B.     If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 43-23, Enforcement; penalties for offenses, of this chapter; 

C.     If appropriate, issuing a stop-work order; 

D.     If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.   

§ 43-21.  Recordkeeping. 

A.     The Village Clerk shall keep and maintain permanent official records, to be compiled by the Village Building Inspector, of all transactions and activities conducted by the Village Building Inspector and all code enforcement personnel, including through the Village Clerk, including records of: 

(1)    All applications received, reviewed and approved or denied; 

(2)    All plans, specifications and construction documents approved; 

(3)    All building permits, certificates of occupancy, certificates of compliance, temporary certificates, stop-work orders, and operating permits issued; 

(4)    All inspections and tests performed; 

(5)    All statements and reports issued; 

(6)    All complaints received; 

(7)    All investigations conducted; 

(8)    All other features and activities specified in or contemplated by the Village Code or local law; and 

(9)    All fees charged and collected.   

B.     All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.   

§ 43-22.  Program review and reporting. 

A.     The Village Building Inspector shall annually submit to the Village Board a written report and summary of all business conducted by the Village Building Inspector and the inspectors, including the Village Clerk, including a report and summary of all transactions and activities described in § 43-21, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded. 

B.     The Village Building Inspector, through the Village Clerk, shall annually submit to the Secretary of State, on behalf of the Village, on a form prescribed by the Secretary of State, a report of the activities of the Village relative to administration and enforcement of the Uniform Code. 

C.     The Village Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village in connection with administration and enforcement of the Uniform Code.   

§ 43-23.  Enforcement; penalties for offenses. 

A.     Compliance orders. The Village Clerk, upon consultation with the Village Building Inspector, is authorized to order, in writing, the remedying of any condition or activity found to exist in, on, under or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding that any such condition or activity exists, the Village Building Inspector so advise the Village Clerk, whereupon the Village Clerk shall issue a compliance order. The compliance order shall be in writing; be dated and signed by the Village Clerk; specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; specify the period of time which the Village Building Inspector deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Village Clerk shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Village Clerk shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the effectiveness or enforceability of the compliance order. 

B.     Appearance tickets. The Village Clerk and each inspector employed by the Village are authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code and this chapter. 

C.     Penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Village pursuant to any provision of this chapter, shall be guilty of a violation punishable by a fine not exceeding $250, or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of 5 years, punishable by a fine not less than $500, no more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each day that a violation hereunder continues shall constitute a separate violation. Violations of this Chapter 43 shall be deemed offenses, and not misdemeanors. 

D.     Injunctive relief. An action or proceeding may be instituted in the name of the Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Village pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of the Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Village Board. 

E.      Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 43-18, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 43-18, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.   

§ 43-23.1.  Intermunicipal agreements.

The Village Board may, by resolution, authorize the Mayor of the Village to enter into an agreement, in the name of the Village, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. 

§ 43-23.2.  Severability.

If any section of this chapter shall be held inconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this chapter.  

ARTICLE IV

Unsafe Buildings and Areas

§ 43-24.  Unsafe buildings defined.

All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section. 

§ 43-25.  Examination by Building Inspector.

The Building Inspector shall examine or cause to be examined every building or vacant area reported as unsafe or damaged, and shall make a written record of such examination. 

§ 43-26.  Written notice of defects.

Whenever the Building Inspector shall find any building or structure, or portion thereof, or any area, to be unsafe as defined in this chapter, he shall, in the same manner as provided for the stop orders in § 43-18 of this chapter, give to the owner, agent or person in control of such building or structure or area, written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, or structure, or portion thereof. 

§ 43-27.  Notice to vacate. 

A.     If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specific repairs and improvements are completed, inspected, and approved by the Building Inspector. The Building Inspector shall cause to be posted at each entrance of such a building a notice: THIS BUILDING IS UNSAFE AND ITS USE OF OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR. 

B.     Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, or their agents to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making repairs or of demolishing same.   

§ 43-28.  Action by Village to compel compliance.

In case the owner, agent or person in control cannot be found within the stated time limit, or if such owner, agent or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish and remove said building, or structure, or portion thereof, the Village Counsel shall be advised of all the facts in the case and shall institute an appropriate action in the court to compel compliance. 

§ 43-29.  Emergency situations.

In case of emergency in connection with any building or structure, or portion thereof, or any area which, in the opinion of the Building Inspector, involves imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof, or any area, to be made safe or be removed. For this purpose he may at once enter such structure or land on which it stands, or abutting land or structure with such assistance and at such cost as may be necessary. He may protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a public or private way. 

§ 43-30.  Payment and recovery of costs.

Cost incurred under §§ 43-25 through 43-30 of this chapter shall be paid out of the Village treasury. Such cost shall be charged to the owner of the premises involved and shall be collected in a manner provided by law. 

§ 43-31.  Protection of Village trees. [Added 5-3-2004 by L.L. No. 1-2004]

All construction shall comply with the requirements of Chapter 122, Trees. 

§ 43-32.  Penalties for offenses. [Added 5-3-2004 by L.L. No. 1-2004]

Any person found guilty of a violation of this chapter shall be punishable as set forth in Chapter 1, General Provisions, Article III, General Penalty.  


[1].  Editor's Note: Former Sections 1.5, Retaining walls, 1.6, Sewerage, 1.7 through 1.12, Exterior design, 1.13 and 1.14, Electrical, and 1.15, Objective, which immediately followed this section, were deleted 5-3-2004 by L.L. No. 1-2004.

[2].  Editor's Note: This local law also stated that it provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Village. This local law is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this local law.