[HISTORY: Adopted by the Board of Trustees
of the Village of Ocean Beach 9-15-1979 by L.L. No. 4-1979 as Article XXI of the
1951 Code of Ordinances. Amendments noted where applicable.[1]]
GENERAL REFERENCES
Electrical standards — See Ch. 80.
Fire prevention — See Ch. 87.
Zoning — See Ch. 164.
[1]
Editor's Note: The Board of Trustees accepted
the applicability of the New York State Building Code 8-18-1979 by
resolution. A copy of the New York State Building Code is on file
in the Clerk's office and may be examined there.
The Mayor, with the advice and consent of the
Board of Trustees, may appoint one Building Inspector or more, as
the need may arise, whose compensation and terms of office shall be
fixed by the Board of Trustees.
In the absence of the Building Inspector or
in the case of his inability to act for any reason, the Mayor may
appoint a person to act in his behalf and to exercise all of the powers
conferred upon him by this chapter. The term of appointment for the
Acting Building Inspector shall not exceed six months, and any reference
hereinafter made to the Building Inspector shall be deemed to include
the Acting Building Inspector for the term of his appointment.
[Amended 9-22-2001 by L.L. No. 1-2001]
A.
No Building Inspector (or Acting Building Inspector)
shall engage in activity inconsistent with his/her duties or inconsistent
with the interests of the Village.
B.
No Building Inspector (or Acting Building Inspector)
shall review, approve, issue orders or act upon, in any manner, any
plans, specifications and/or applications that have been prepared
and/or submitted by himself/herself.
C.
No Building Inspector (or Acting Building Inspector)
shall review, approve, issue orders or act upon, in any manner, any
plans, specifications and/or applications that have been prepared
and/or submitted by any entity, business or individual to whom the
Building Inspector (or Acting Building Inspector) is related or has
or has had a business/professional relationship within the previous
twelve-month period.
D.
Nothing in this provision shall prohibit the Building
Inspector (or Acting Building Inspector) from holding the office of
Building Inspector together with or as an additional duty to any other
appointive office of the Village, provided that such additional office
or duty does not create a conflict of interest.
[Amended 12-8-2001 by L.L. No. 3-2001]
A.
Except as otherwise specifically provided by law,
ordinance, rule or regulation, or except as herein otherwise provided,
the Building Inspector shall administer and enforce all of the provisions
of laws, ordinances, rules and regulations applicable to the construction,
alteration, repair, relocation, removal and demolition of buildings
and structures; the installation and use of materials and equipment
therein; and the location, use, occupancy and maintenance thereof.
B.
He shall recommend rules and regulations to be promulgated
by the Board of Trustees to secure the intent and purposes of this
chapter and a proper enforcement of the laws, ordinances, rules and
regulations governing building plans, specifications, construction,
alteration or repairs.
C.
He shall receive applications, approve or disapprove
plans and specifications and issue permits for the erection, alteration,
removal, repair and demolition of buildings or structures, or parts
thereof, and shall examine the premises for which such applications
have been received or such permits have been issued, for the purpose
of ensuring compliance with applicable laws, ordinances and regulations.
D.
He shall issue in writing all appropriate notices
or orders to remove illegal, unsafe or otherwise offensive conditions,
to require the necessary safeguards during construction and to ensure
compliance during the entire course of construction with the requirements
of such laws, ordinances or regulations. He shall make all inspections
which are necessary or proper for the carrying out of his duties,
except that he may, in his discretion, accept written reports of inspection
from licensed, experienced, professional persons and generally recognized
and authoritative service and inspection bureaus or agencies.
E.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances,
rules and regulations, he may require the performance of tests in
the field by experienced professional persons or by accredited and
authoritative testing laboratories or service bureaus or agencies.
He may, in his discretion, accept and rely on written reports of such
tests.
G.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications, together with accompanying documents, plans approved,
copies of all permits and certificates issued, fees charged and collected,
inspection reports, rules and regulations promulgated and notices
and orders issued. All such records shall be public records open for
inspection during regular business hours.
H.
The Building Inspector shall annually on May 31 submit
to the Board a written report and summary of all business conducted,
including approvals, permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending or concluded.
A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, removal, relocation,
improvement, demolition, conversion or change in the nature of the
occupancy of any building or structure, land area and indigenous vegetation,
or cause the same to be done, without first obtaining a separate building
permit for each such building, structure or activity, except for those
items which the Building Inspector, with the approval of the Board
of Trustees, has determined require an approved ordinary repair and
maintenance permit.
[Amended 9-2-1989 by L.L. No. 7-1989; 4-26-2008 by L.L. No.
1-2008; 11-2-2019 by L.L. No. 6-2019]
B.
An application for a building permit shall be made
to the Building Inspector, on a form provided by him, by the owner
of the building or the owner's authorized agent employed in connection
with the proposed work. A statement, indicating that the applicant
has familiarized himself with this Building Code and the Zoning Law,[1] shall be affixed to the application and will constitute
an integral part of the building permit application. The application
must be signed by the owner or his authorized agent.
[Amended 4-26-2008 by L.L. No. 1-2008]
(1)
An application for an ordinary repair and maintenance
permit shall be made to the Building Inspector, on a form provided
by him, by the owner of the building or the owner's authorized agent
employed in connection with the proposed work. The scope of such work
shall be for ordinary repair and maintenance. A list of approved work
shall be attached to the permit. This list will contain items and
repairs which the Building Inspector, with the approval of the Board
of Trustees, determined to be of an ordinary repair and maintenance
nature.
C.
Each application for a building permit for new construction shall be accompanied by such documents, plans and specifications as the Building Inspector may, from time to time, require to enable said Building Inspector to determine compliance with the provisions of this chapter, Chapter 164 and the New York State Building Code. Every building permit for new construction of 100 square feet or more shall include a landscape plan (See § 164-28A of the Village Code) certified by a licensed architect, engineer or professional landscape architect.
[Amended 9-2-89 by L.L. No. 7-1989; 9-8-2007 by L.L. No. 5-2007; 11-2-2019 by L.L. No. 6-2019]
D.
Each application for a building permit for alterations
to existing structures shall contain such information as the Building
Inspector may, from time to time, require to enable him to determine
compliance with the provisions of the Zoning Law[2] and of this chapter.
E.
No variations or changes in contemplated work as covered
by the original application may take place without the prior submission
of an application amendment, payment of appropriate amendment fees
and written approval of the Building Inspector.
F.
Moratorium.
[Added 6-17-1989 by L.L. No. 4-1989;
amended 6-2-2007 by L.L. No. 3-2007; 7-14-2012 by L.L. No. 2-2012]
(1)
The Board of Trustees finds that a moratorium prohibiting
the filing and acceptance for filing and the issuance of applications
for building permits for properties in the Bayfront Recreation District
for a short period of time is necessary and appropriate to enable
the Board of Trustees to study the current zoning laws, rules and
regulations and permitted/prohibited uses in said district. The temporary
moratorium shall also provide the Board of Trustees the opportunity
to consider and contemplate comprehensive planning and zoning changes.
(2)
An application for a building permit for properties
in the Bayfront Recreation District shall not be filed with the Building
Inspector or accepted for filing by the Building Inspector or issued
by the Building Inspector for a period commencing July 1, 2012, and
terminating June 30, 2013.
(3)
The Board of Trustees may, by resolution duly adopted
at a Board Meeting prior to June 30, 2013, extend the period of said
moratorium for an additional six months (through December 31, 2013).
(4)
The Building Inspector may accept and approve any
application for a building permit for a property in the Bayfront Recreation
District when, in the opinion of said Building Inspector, an emergency
exists and the work to be performed pursuant to said application is
necessary and cannot be delayed until the expiration of the moratorium.
A.
Building application fees and other charges, as the
Board may from time to time determine, shall accompany each application
for a building permit.
C.
All applications for a building permit must also be
accompanied by a deposit in such amount as the Board shall from time
to time determine to ensure the clearance of building debris from
the site. This sum will be refunded after discarded materials have
been removed.
B.
Upon approval of the application and upon receipt
of the legal fees therefor, the Building Inspector shall issue a building
permit to the applicant upon the form prescribed by him and shall
affix his signature thereto.
C.
Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "approved." one
set of such approved plans and specifications shall be retained in
the files of the Building Inspector; and the other set shall be returned
to the applicant, together with the building permit, and shall be
kept at the building site open to inspection by the Building Inspector
or his authorized representative.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the applicable laws, ordinances and regulations,
the Building Inspector shall disapprove the same and shall return
the plans and specifications to the applicant.
A.
General provisions.
[Amended 12-14-1991 by L.L. No. 5-1991]
(1)
CONSTRUCTION
INTERIOR CONSTRUCTION
OUTDOOR CONSTRUCTION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The building, erection, enlargement, alteration, addition,
repair, improvement, removal, relocation, demolition, change or modification
of any structure, fixture or building, and shall include the delivery
of material to the job site.
Any and all construction of any kind performed within fully
enclosed finished exterior walls and a roof, but it shall not be applicable
to any construction to accessory buildings or uses.
Any and all construction of any kind, except interior construction,
as defined above, whether to or for a structure or otherwise, including
but not be limited to pools, decks, ramps, porches, stairways and
accessory buildings or uses.
(3)
Construction must be commenced to ensure that any structure which is to be enclosed by finished exterior walls and a roof shall be enclosed and the roof, floors and walls completed by July 3 of any year. Unless such structure is to enclosed and completed by July 3, no further construction on said structure, either interior or outside, may be performed between July 3 and the day after Labor Day of the same year, except as provided in Subsection A(5). If the structure is to enclosed and completed, construction during the period between July 3 and the day after Labor Day may be permitted pursuant and subject to the conditions of a permit issued under Subsection A(4).
(4)
For the period between July 3 and the day after Labor Day in any given year, construction which either satisfies the requirements provided in Subsection A(3) or occurs with respect to an existing structure or premises may be performed subject to the following conditions:
(a)
One permit per season (July 3 through the day after
Labor Day), limited to a period from one to five consecutive days
(excluding Saturdays, Sundays and holidays) for outdoor construction
or one to 10 consecutive days (excluding Saturdays, Sundays and holidays)
for interior construction, may be issued by the Building Inspector
for each premises (house, lot, structure and accessory buildings and
uses combined) and upon such terms and conditions as the Building
Inspector may deem proper and reasonable. No permit shall be issued
unless, in the sole judgment of the Building Inspector, the work may
be completed within the appropriate period of time.
(b)
The permit may be granted for either interior construction
or outdoor construction but not both.
(c)
All construction must be completed within the time
provided in the permit.
(d)
The permit may only allow construction between the
hours of 9:30 a.m. and 5:30 p.m. on weekdays (Monday through Friday),
including the delivery of materials to the extent authorized.
(e)
No extension of time for completion of the construction
as provided in the permit shall be permitted.
(f)
There shall be no construction on any Saturday, Sunday
or holiday for the period commencing on July 3 and ending on the day
after Labor Day in any given year.
(5)
The Board of Trustees shall have the authority to
approve an application for construction, outdoor or interior, not
otherwise authorized herein, upon grounds of unavoidable hardship,
upon such terms and conditions as the Board of Trustees may deem proper,
including but not limited to hours and days of work. The Building
Inspector shall have the authority to approve an application for repairs
to existing structures and accessory uses not otherwise authorized
herein, upon grounds of unavoidable hardship, upon such terms and
conditions as the Building Inspector may deem proper, including but
not limited to hours and days of work.
B.
The Village Board of Trustees wishes to limit and
deter the use of plastics and plastic-type materials as the main materials
on residential and commercial structures within the Village.[1]
[Added 5-31-2003 by L.L. No. 3-2003;
amended 3-5-2005 by L.L. No. 1-2005; 12-3-2005 by L.L. No. 4-2005; 9-8-2007 by L.L. No. 5-2007]
(1)
All exterior cladding, decking, skirting, fencing,
and similar items used on structures within the Village shall be made
of natural wood or any other material approved for such use by the
Village Board of Trustees. A list of said materials shall be maintained
by the Building Department. Natural wood and approved materials shall
be left natural and/or stained or painted.
[Amended 8-9-2008 by L.L. No. 2-2008]
(2)
Synthetic, metal, plastic or plastic-type materials
shall not be permitted on visible portions of buildings, structures
and decks, except as provided herein.
[Amended 11-2-2019 by L.L. No. 6-2019]
(3)
Skirting.
[Added 11-2-2019 by L.L. No. 6-2019[2]]
(a)
All
new construction or substantial improvement of an existing structure
and any structure raised to flood zone height requirements shall be
provided with skirting to shield the respective foundations of the
front and both full sides of the structure. On corner plots, the two
public sides shall be fully skirted, plus 3/4 (75%) of the remaining
sides continuously with the public sides.
(b)
Skirting
material shall allow one-inch spaces between wood boards or shall
be natural wood lattice of one-half-inch minimum thickness.
[2]
Editor's Note: This local law also provided for the renumbering
of former Subsection B(3) as Subsection B(4).
[1]
Editor's Note: Former Subsection B, which
provided the times that interior finishing work may be performed,
was repealed 12-14-1991 by L.L. No. 5-1991.
C.
Insurance.
(1)
(2)
The name of the insurance carrier or carriers and
policy number or numbers shall be stated on the application for a
building permit and certificates of coverage filed with the application.
Such insurance policies must provide for notice to the Village prior
to cancellation thereof.
D.
The New York State Building Code will govern the use
of building materials, methods and standards, except that the Building
Inspector may approve other standards, referenced in the State Building
Code, which in his opinion are deemed appropriate to the physical
or other needs of the village.
The Building Inspector may revoke a building
permit theretofore issued and approved where he finds that:
A.
There has been a misrepresentation as to a material
fact in the application, plans or specifications on which the building
permit was based.
B.
The building permit was issued in error and should
not have been issued in accordance with the applicable law.
C.
The work performed under the permit is not being prosecuted
in accordance with the provisions of the application, plans or specifications.
D.
The person to whom a building permit has been issued
fails or refuses to comply with a stop-work order issued by the Building
inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of applicable laws, ordinances, rules or regulations
or not in conformity with the provisions of an application, plans
or specifications on the basis of which a building permit was issued
or in an unsafe and dangerous manner, he shall notify the owner of
the property or the owner's agent or the person performing the work
to suspend all work, and any such person shall forthwith stop such
work and suspend all building activities until the stop-work order
has been rescinded. Such order and notice shall be in writing, shall
state the conditions under which the work may be resumed and may be
served upon the person to whom it is directed either by delivering
it personally to him, or by posting the same upon a conspicuous portion
of the building under construction and sending a copy of the same
by registered mail to the owner of record and the contractor or builder.
The Building Inspector, upon showing the proper
credentials and in the discharge of his duties, shall be permitted
to enter upon any building, structure or premises without interference,
during reasonable working hours.
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Building Inspector.
B.
No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance
of a building permit, shall continue to be occupied or used for more
than 30 days after the completion of the alteration or work unless
a certificate of occupancy shall have been issued by the Building
Inspector.
D.
The Building Inspector shall have the power to withhold the issuance of any certificate of occupancy pending the removal of building debris and discarded materials from the building site. If, in the opinion of the Building Inspector, the continued presence of such materials constitutes a hazard to health and safety, he may cause such material to be removed, and the deposit required under § 64-6 shall be forfeited. This remedy shall be in addition to any other remedy permitted by law and this chapter.
E.
The owner or his agent shall make application for
a certificate of occupancy. This application shall state that the
deponent has examined the approved plans of the structure for which
a certificate of occupancy is sought, that the structure has been
erected in accordance with approved plans and, as erected, complies
with the law governing building construction except insofar as variations
therefrom have been legally authorized. Such variations shall be specified
in the application. The Board may, from time to time, establish fees
for the issuance of a certificate of occupancy.
A.
Before issuing a certificate of occupancy, the Building
Inspector shall examine all buildings, structures and sites for which
an application has been filed for a building permit to construct,
enlarge, alter, repair, remove, demolish or change the use or occupancy;
and he may conduct such inspections as he deems appropriate from time
to time during and upon completion of the work for which a building
permit has been issued.
B.
There shall be maintained by the Building Inspector
a record of all such examinations and inspections, together with a
record of findings of violations of the law.
A.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
laws, ordinances, rules and regulations, and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable laws, ordinances and
regulations.
B.
A certificate of occupancy shall be issued, where
appropriate, within a reasonable time, and in no event more than 60
days after application therefor is made.
C.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable laws, ordinances,
rules and regulations and shall specify the use or uses and the extent
thereof to which the building or structure or its several parts may
be put.
Upon request, the Building Inspector may issue
a temporary certificate of occupancy for a building or structure,
or part thereof, before the entire work covered by the building permit
shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life or the public welfare. Such certificate shall state the length
of time such structure may be occupied.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the applicable laws, ordinances and regulations,
the Building Inspector may require the same to be subjected to tests
in order to furnish proof of such compliance.
[Amended 3-4-2017 by L.L.
No. 1-2017]
A.
All buildings or structures which are not provided with adequate
egress, or which are structurally unsafe, unsanitary or 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 section, 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.
B.
The Building Inspector shall examine or cause to be examined every
building reported as unsafe or damaged and shall make a written record
of such examination. Upon the showing of proper credentials and in
the discharge of his duties he may enter any building, structure or
premises at any reasonable hour, and no person shall interfere with
or prevent such entry.
C.
Whenever the Building Inspector shall find any building, structure or portion thereof to be an unsafe building, as defined in this section, he shall, in the same manner as provided for the service of stop-work orders in § 64-11 of this chapter, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. The written notice shall specify the date and time of the Building Inspector's inspection of the premises, the defect(s) and/or hazard(s) supporting the conclusion that the building is unsafe, and state that the owner has 30 days from the date of the notice to:
D.
If the Building Inspector finds that there is actual and immediate
danger of 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 specified repairs and improvements are
completed, inspected and approved by the Building Inspector. The Building
Inspector shall cause to be posted at each entrance to such building
a notice stating "This Building Is Unsafe and Its Use or Occupancy
Has Been Prohibited by the Building Inspector." Such notice shall
remain posted until the required repairs are made or demolition is
completed. It shall be unlawful for any person, firm, 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 the required repairs or of demolishing said
building.
E.
In case the owner, agent or person in control cannot be located, or if such owner, agent or person in control shall fail, neglect or refuse to comply with a notice to repair, rehabilitate or demolish and remove said building, structure or portion thereof, the Village Board of Trustees may hold a public hearing to consider the demolition and removal of the building by the Village. A public hearing pursuant to this subsection shall be held upon timely filing of an appeal, as provided in § 64-18C(4). A hearing pursuant to this section shall be held upon no less than 30 days' written notice to the record owner(s) of the property, delivered by first-class mail and certified mail, return receipt requested. In addition, public notice of the hearing shall be posted in the Village and published in the Village's official newspaper no less than 10 days before the scheduled hearing date. The notice shall state the date, time, place and reason for the hearing, and shall further advise that a decision affirming the determination of the Building Inspector may result in partial or total demolition of the building and the imposition of costs and expenses against the owner(s) of record. At the hearing, the Board shall hear all evidence and testimony for and against the Building Inspector's determination. Thereafter, the Board shall render a decision affirming or overturning the Building Inspector's determination and shall direct such further action by the Village as the Board deems necessary and prudent, including, but not limited to, demolition and removal of the building or the portion(s) thereof declared unsafe.
F.
In case of emergency, which, in the opinion of the Building Inspector,
involves immediate danger to human life or health, he shall promptly
cause such building, structure or portion thereof to be vacated, made
safe or 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 vacate adjacent
structures and protect the public by appropriate barricades or such
other means as may be necessary, and for this purpose may close a
Village or private way.
G.
Costs and expenses incurred by the Village pursuant to this section,
including costs of demolition and legal and administrative fees, shall
be paid out of the Village treasury on certificate of the Building
Inspector. Such costs and expenses shall then be charged to the owner
of the premises and shall become a lien upon the property, to be collected
in the same manner as property taxes, if left unpaid for more than
30 days after the mailing of written demand for reimbursement.
H.
Notwithstanding anything in this section to the contrary, the procedure
set forth in this section shall not be exclusive, and the Village
may pursue any and all other actions, proceedings and remedies available
under the law for the abatement of an unsafe building situation.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any provision of this chapter, as well as any regulation or rule
promulgated by the Board of Trustees, or to fail in any manner to
comply with a notice, directive or order of the Building Inspector,
or to construct, alter or use and occupy any building or structure
or part thereof, in a manner not permitted by an approved building
permit or certificate of occupancy.
B.
Any person who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents, or any
other person taking part or assisting in the construction or use of
any building, who shall violate any of the applicable provisions of
this chapter or any lawful order, notice, directive, permit or certificate
of the Building Inspector made thereunder, shall, upon conviction,
be punishable as provided in this chapter.
C.
Any person, firm or corporation violating any of the
provisions of this chapter shall be subject to a fine not exceeding
$250 for each offense. This section shall not apply to violations
of the provisions of the State Building Construction Code punishable
under § 385 of the Executive Law of the State of New York,
nor to violations of the provisions of the Multiple Residence Law
punishable under § 304 of the Multiple Residence Law of
the State of New York.
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises; and these remedies shall be
in addition to the penalties prescribed in the preceding section.