[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
This chapter provides for the administration and enforcement
of the Code of the Village of Old Brookville (Village Code), the New
York State Uniform Fire Prevention and Building Code (the Uniform
Code) and the State Energy Conservation Construction Code (the Energy
Code) within the Village of Old Brookville. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Village Code, the Uniform Code or other
state law, all buildings, structures, and premises, regardless of
use or occupancy, are subject to the provisions this chapter.
The following terms, phrases, words and their derivatives shall
have the meaning given herein:
A written notice issued by a Police Officer, Building Inspector,
Assistant Building Inspector, Code Enforcement Officer or other authorized
public servant directing a designated person to appear in Village
Court at a designated future time in connection with his/her alleged
commission of a designated offense.
Includes the Building Inspector and the Deputy Building Inspector.
A permit issued pursuant to § 104-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
The Building Inspector, Deputy Building Inspector, Village
Code Enforcement Officer or Street Commissioner while exercising their
respective authorized duties.
A permit issued pursuant to § 104-11 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.
A written document issued by a designated official or board
granting permission to conduct a regulated activity.
The person to whom a building permit or permit has been issued.
Includes 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.
An order issued pursuant to § 104-6 of this chapter.
That which is built or constructed, or a portion thereof.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Incorporated Village of Old Brookville.
A.
The Village shall have the public office of Building Inspector. The
Building Inspector shall administer and enforce all the provisions
of the Uniform Code, the Energy Code, and the Village Code. The Building
Inspector shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, temporary certificates, certificates
of continued use and operating permits (hereinafter collectively referred
to as "permits and certificates"), and the plans, specifications and
construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue permits and certificates,
and to include in permits and certificates such terms and conditions
as the Building Inspector may determined to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, temporary certificates,
certificates of continued use 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 stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village's attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Village
Code, Uniform Code, and the Energy Code, or to abate or correct conditions
not in compliance with such codes; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this chapter.
B.
The Building Inspector shall be appointed by resolution of the Board
of Trustees. The Building Inspector shall possess background experience
related to building construction and 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 building code enforcement personnel,
and the Building Inspector shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Building Inspector is unable to serve for any
reason, an individual shall be appointed by resolution of the Board
of Trustees to serve as Acting Building Inspector. The Acting Building
Inspector shall, during the term of his or her appointment, exercise
all powers and fulfill all duties conferred upon the Building Inspector
by the Village Code.
D.
One or more Deputy Building Inspectors may be appointed by resolution
of the Board of Trustees to act under the supervision and direction
of the Building Inspector and to assist the Building Inspector in
the exercise of the powers and fulfillment of the duties conferred
upon the Building Inspector by the Village Code. Each Deputy Building
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 building code
enforcement personnel, and each Deputy Inspector shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
E.
The compensation for the Building Inspector and Deputy Building Inspectors
shall be fixed from time to time by the Board of Trustees of the Village.
F.
The Board of Trustees may also appoint a Village Code Enforcement
Officer. The Village Code Enforcement Officer is a public officer
who shall have the authority to enforce provisions of the Village
Code, including the issuance of appearance tickets and notices of
violation for violations of the Village Code. The Village Code Enforcement
Officer's powers may not extend to enforcement of the Uniform Code
and/or Energy Code, unless (s)he shall obtain such a basic training,
in-service, advanced in-service training and other training as the
State of New York shall require for building code enforcement personnel,
and obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work that requires a building permit which must conform to the Village Code, Uniform Code and/or the Energy Code, including, but not limited to: the construction, enlargement, alteration, improvement, removal, relocations or demolition of any building or structure or any portion thereof, and the installation of a permanent heating appliance, chimney or flue in any dwelling unit or structure; swimming pool or hot tub heater; driveways and courts; and sanitary systems. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Installation of window awnings supported by an exterior wall of a
single-family dwelling or multiple single-family dwellings (townhouses);
(2)
Installation of partitions or moveable cases less than six feet six
inches in height;
(3)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(4)
Replacement of exposed electrical or plumbing fixtures or appliances;
(5)
Replacement of any equipment, provided the replacement does not alter
the equipment's functions or render it inconsistent with the equipments
original specifications; or
(6)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
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 Village Code, Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Building Inspector. The application shall be signed by the
owner of the property where the work is to be performed or an authorized
agent of the owner. The application shall include such information
as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that the intended work complies with all
applicable requirements of the Village Code, Uniform Code and the
Energy Code. The application shall include or be accompanied by the
following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
Two 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; and
(d)
Substantiate that the proposed work will comply with the Village
Code, Uniform Code and the Energy Code.
(6)
Two copies of a layout or plot plan drawn to scale, showing the actual
shape and dimensions of the lot to be built upon the exact size and
location on the lot of the building and accessory buildings existing
and the lines within which the building or structure shall be erected
or altered, the existing and intended use of each building or part
of the building, and such other information with regard to the lot
and neighboring lots that may be necessary to determine and provide
for the enforcement of this chapter, including the location of any
existing or proposed well or septic system. All dimensions shown on
this plan relating to the location and size of the lot to be built
upon shall be based on an actual survey not older than six months,
and the lot shall be staked out on the ground before construction
is started so that the Building Inspector may determine by measurement
in the field that the yard requirements for the district in which
the use is located have been met.
E.
Construction documents. Construction documents and plot plans ("plans") will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) and (6) of this section. Plans which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted plans shall be retained by the Building Inspector, and one set of the accepted plans shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Inspector. However, the return of a set of accepted plans 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.
F.
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 Village Code, Uniform Code
and Energy Code. The Building Inspector shall issue a building permit
if the proposed work is in compliance with the applicable requirements
of the Village Code, Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the plans 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 Building Inspector of any change occurring
during the course of the work. The building permit shall contain such
a directive. If the 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.
I.
Time limits. Building permits for single-family dwellings shall expire 18 months after the date of issuance. For all other construction, a building permit shall expire 12 months after the date of issuance. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed for an additional twelve-month (one-year) period, or up to two six-month periods, upon application by the permit holder, and payment of the applicable fee in Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville. No further renewals of a building permit shall be granted, unless authorized by the Board of Trustees upon good cause shown.
[Amended 3-20-2017 by L.L. No. 2-2017]
J.
Revocation or suspension of building permits. If the 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 Village Code, Uniform Code
or the Energy Code, the 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 Village Code, Uniform Code and
the Energy Code; and all work then proposed to be performed shall
be in compliance with all applicable provisions of the Village Code,
Uniform Code and the Energy Code.
K.
Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville, 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.
M.
Any building, extension or alteration for which a permit has been
duly granted, the construction of which has been started before the
effective date of this chapter or of an amendment thereto, and the
ground story framework of which, including the second tier of beams,
has been completed within one year after the adoption of this chapter
or amendment thereto, may be completed in accordance with plans on
file with the Building Inspector, provided that such construction
is diligently prosecuted and the building is completed within two
years of the adoption of this chapter or an amendment thereto. If
any of the requirements shall not have been fulfilled within the prescribed
period, or if the building operations are discontinued for a period
of six months, any other construction shall be in conformity with
the provisions of this chapter.
N.
Whenever the Village Board, by resolution, authorizes a public hearing
on a proposed amendment to this chapter, and for a period of 60 days
following the date of such resolution, no building or structure shall
be erected, enlarged, or altered, and no permit shall be issued for
the erection, enlargement or alteration of any building or structure
or for the occupancy of any land or building in any manner that would
be contrary to the provisions of the proposed amendment.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by a Deputy Building Inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for 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.
Inspection results. After inspection, 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 Village
Code, Uniform Code or Energy Code. Work not in compliance with any
applicable provision of the Village Code, Uniform Code or Energy Code
shall remain exposed until such work shall have been brought into
compliance with all applicable provisions of the Village Code, Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Enforcement Officer is authorized to issue
or serve stop-work orders pursuant to this section, except that only
the Building Inspector and Deputy Building Inspector are authorized
to issue stop-work orders for violations of the Uniform Code or Energy
Code. Any other public servant authorized by the Board of Trustees
may also serve a stop-work order. A stop-work order shall halt:
(1)
Any work that is contrary to any applicable provision of the Village
Code, Uniform Code or Energy Code, without regard to whether such
work is or is not work for which a permit is required, and without
regard to whether a permit has or has not been issued for such work;
(2)
Any work that is being conducted in a dangerous or unsafe manner,
without regard to whether such work is or is not work for which a
permit is required, and without regard to whether a permit has or
has not been issued for such work; or
(3)
Any work for which a permit is required which is being performed
without the required permit, or under a permit that has become invalid,
has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall:
(1)
Be in writing;
(2)
Be dated and signed by the Enforcement Officer;
(3)
State the reason or reasons for issuance;
(4)
Order the suspension of all permit activities until the stop-work
order has been rescinded; and
(5)
If applicable, state the conditions which must be satisfied before
work will be permitted to resume.
C.
Service of stop-work orders. The Enforcement Officer 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 registered or certified mail.
The Enforcement Officer 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 registered or certified
mail; the service of such stop-work order by e-mail or facsimile to
the e-mail address or facsimile number listed on the application building
permit shall be presumptive evidence that the addressee has received
the stop-work order; provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of
the stop-work order.[1]
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 § 104-16, Enforcement; penalties for offenses, of this chapter or under any other applicable local 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.
The Enforcement Officer may revoke a 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 permit was based.
B.
Where he finds that the 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 a valid permit is not
being prosecuted in accordance with the provisions of the application,
plans or specifications and the permit holder fails or refuses to
comply with the requirements of a notice of violation or stop-work
order and the Board of Trustees after notice and hearing approves
the revocation of the permit.
A.
Certificates of occupancy 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 one 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 was previously issued
shall be granted only by issuance of a certificate of occupancy.
B.
Issuance of certificates of occupancy. The Building Inspector shall
issue a certificate of occupancy if the work which was the subject
of the building permit was completed in accordance with all applicable
provisions of the Village Code, Uniform Code and Energy Code and,
if applicable, that the structure, building or portion thereof that
was converted from one use or occupancy classification or subclassification
to another complies with all applicable provisions of the Village
Code, Uniform Code and Energy Code. The Building Inspector or a Deputy
Inspector authorized by the Building Inspector shall inspect the building,
structure or work prior to the issuance of a certificate of occupancy.
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
Building Inspector, at the expense of the applicant for the certificate
of occupancy, shall be provided to the Building Inspector prior to
the issuance of the certificate of occupancy:
C.
Contents of certificates of occupancy. A certificate of occupancy
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy 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 Building Inspector issuing the certificate
of occupancy and the date of issuance.
D.
Temporary certificate. The 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 Building Inspector issue a temporary certificate
unless the 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 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 Village
Code or Uniform Code. A temporary certificate shall be effective for
a period of time, not to exceed six months, which shall be determined
by the Building Inspector and specified in the temporary certificate.
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 Village
Code, Uniform Code and the Energy Code.
E.
Any building or structure having been erected, enlarged or altered
without a building permit, and for which an applicant now seeks a
certificate of occupancy, may be entitled to a certificate of continued
use, provided that the structure conforms to all zoning, building
code and other governmental approvals required at the time the building
or structure was erected, enlarged or altered. This certificate of
continued use shall be in lieu of a certificate of occupancy for the
structure.
F.
It shall be the duty of the Building Inspector to issue a certificate
of continued use, provided the use and location of the building or
structure conformed with all the provisions of the Village Zoning
Regulations in effect at the time of its erection, enlargement or
alteration. The applicant shall submit surveys, construction plans
showing the building or structure as constructed, electrical underwriter
certificates, and other governmental approvals required at the time
of erection, enlargement or alteration, and any other document reasonably
necessary for the Building Inspector to determine that such building
or structure was built in conformance with all municipal requirements
in place at the time of its erection, enlargement or alteration.
G.
Revocation or suspension of certificates. If the Building Inspector
determines that a certificate of occupancy, temporary certificate,
or certificate of continued use was issued in error because of incorrect,
inaccurate or incomplete information, and if the relevant deficiencies
are not corrected to the satisfaction of the Building Inspector within
such period of time as shall be specified by the Building Inspector,
the Building Inspector shall revoke or suspend such certificate.
H.
Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville must be paid at the time of submission of an application for a certificate of occupancy, temporary certificate or certificate of continued use.
The chief of any fire department providing firefighting services
for a property within this Village shall promptly notify the Building
Inspector of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Chapter 45, Buildings, Unsafe, of the Code of the Village of Old Brookville, as now in effect or as hereafter amended from time to time.
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 Tables 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 one 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 Board of Trustees of the Village.
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 Building Inspector. Such application shall include such information
as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that quantities, materials, and activities
conform to the requirements of the Uniform Code. If the 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
Building Inspector, at the expense of the applicant.
C.
Inspections. The Building Inspector or an inspector authorized by
the 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 one activity listed in Subsection A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the 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 remain in
effect until reissued, renewed, revoked, or suspended.
F.
Revocation or suspension of operating permits. If the 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 Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissuance or renewal of an operating permit.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Building Inspector
or a Deputy Building Inspector designated by the Building Inspector
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or a Deputy Building Inspector at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Village Code, Uniform Code or Energy Code exist; or receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Village Code, Uniform Code or 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.
C.
Firesafety inspections need not be conducted by Village officials
if such inspections are routinely conducted by the Nassau County Fire
Marshal's Office or higher authority.
D.
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.
Notwithstanding any other provision of this section to the contrary:
(1)
The Building Inspector shall not perform firesafety and property
maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property
maintenance inspections of such building or structure at least once
every 12 months;
(2)
The Building Inspector shall not perform firesafety and property
maintenance inspections of a building or structure occupied as a dormitory
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(3)
The Building Inspector shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Building Inspector shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
E.
Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville 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 OFPC.
The Building Inspector, Deputy Building Inspector or Village
Code Enforcement Officer shall review and investigate complaints which
allege or assert the existence of conditions or activities that fail
to comply with the Village Code, Uniform Code, the Energy Code, or
any other local law or regulation adopted for administration and enforcement
of the Village Code, Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Building Inspector, Deputy Building Inspector or Village
Code Enforcement Officer 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 § 104-16 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.
A.
The Building Inspector shall keep permanent official records of all
transactions and activities conducted by all Building Code enforcement
personnel, 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, temporary certificates,
certificate of continued use, 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 fees charged and collected; and
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.
A.
The Building Inspector shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Building Inspector and the Deputy Building Inspectors, including a report and summary of all transactions and activities described in § 104-14, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Building Inspector shall annually submit to the Secretary of
State, on behalf of this Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village relative to administration
and enforcement of the Uniform Code.
C.
The 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 this Village is required to
maintain, excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this Village in connection with
administration and enforcement of the Uniform Code.
A.
Notices of violation.
(1)
The
Building Inspector is authorized to order in writing the remedying
of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Village Code, Uniform Code,
or the Energy Code. Upon finding that any such condition or activity
exists, the Building Inspector shall issue a notice of violation.
The notice of violation shall:
(a)
Be in writing;
(b)
Be dated and signed by the Building Inspector;
(c)
Specify the condition or activity that violates the Village Code,
Uniform Code, or the Energy Code;
(d)
Specify the provision or provisions of the Village Code, Uniform
Code, or the Energy Code which is/are violated by the specified condition
or activity;
(e)
Specify the period of time which the Building Inspector deems to
be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period of
time; and
(g)
State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
(2)
The
Building Inspector shall cause the notice of violation, or a copy
thereof, to be served on the owner of the affected property personally
or by certified mail. The Building Inspector shall be permitted, but
not required, to cause the notice of violation, 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 efficacy
of the notice of violation. The Enforcement Officer may issue notices
of violations limited to violations of the Village Code under the
same provisions as stated above.
B.
Appearance tickets. The Enforcement Officer and any other public
officer who, by virtue of office, title or position is authorized
or required to enforce any statute, local law, ordinance, rule or
regulation relating to parking, licensing of occupations or businesses,
fire prevention and safety, health and sanitation, and building, zoning
and planning, are hereby authorized to issue appearance tickets relating
to enforcement of said statutes, local laws, ordinances, rules or
regulations; provided, however, that peace officers are also hereby
authorized to issue appearance tickets relating to enforcement of
any statute, local law, ordinance, rule or regulation affecting the
public health, safety and welfare. However, only the Building Inspector
and Deputy Building Inspector are authorized to issue appearance tickets
for violations of the Uniform Code or Energy Code.
The Board of Trustees of the Village may, by resolution, authorize
the Mayor of the Village to enter into an agreement, in the name of
this 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.
