Town of Brookhaven, NY
Suffolk County
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[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Deposits on construction of new homes — See Ch. 41.
Subdividers; posting of information — See Ch. 61.
Disposition of trees and debris — See Ch. 72.
Zoning — See Ch. 85.
Subdivision Regulations — See Ch. 95.

§ 16-1 General provisions.

[Amended 2-7-1995 by L.L. No. 5-1995, effective 2-13-1995; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014]
Those rules and regulations promulgated pursuant to Article 18 of the Executive Law of the State of New York, collectively known as the “New York State Uniform Fire Prevention and Building Code,” are applicable to all buildings and construction in the Town of Brookhaven; said rules and regulations are hereinafter referred to as the “code.”

§ 16-2 General powers and duties.

[Amended 3-1-2005 by L.L. No. 7-2005, effective 3-4-2005; 7-25-2006 by L.L. No. 15-2006, effective 7-31-2006; 12-4-2007 by L.L. No. 26-2007, effective 12-10-2007; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014]
A. 
The Division of Building shall be responsible for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and all other applicable laws, ordinances, rules and regulations relating to the use, occupancy and/or construction of real property or buildings or structures located thereon, and such other matters as may from time to time be referred to such Division. Such general powers and duties shall be administered under the general supervision of the Commissioner of Planning, Environment and Land Management.
B. 
The Chief Building Inspector, any Building and Zoning Inspector or any Building Inspector as designated by the Commissioner of Planning, Environment and Land Management shall have the full power, authority and responsibility to undertake and perform all acts and duties performed by the Chief Building Inspector in accordance with the Town Code. The Chief Building Inspector and any Building and Zoning Inspector and any Building Inspector as designated by the Commissioner pursuant to this subsection shall be subject to the supervision and direction of the Commissioner of Planning, Environment and Land Management.
C. 
The Chief Building Inspector, any Building and Zoning Inspector and any Building Inspector as designated by the Commissioner of Planning, Environment and Land Management in § 16-2B shall possess the minimum experience and qualifications as established by the Suffolk County Department of Civil Service for the position of “Chief Building Inspector.”
D. 
Any Building and Zoning Inspector or any Building Inspector may revoke all permits issued and approved in the following instances:
(1) 
Where he finds that there has been any false statements or misrepresentations as to a material fact in the application, plans, specifications or other documents upon which the building permit was based;
(2) 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law, regulation or code;
(3) 
Where he finds that the work performed under the permit is not being performed in accordance with provisions of the application, plans, specifications or other documents; or
(4) 
Where the person or entity to whom a building permit has been issued fails or refuses to comply with a stop-work order issued pursuant to this chapter.
E. 
In addition to the duties prescribed by law, it shall be the duty of the Division of Building to receive all applications for permits to repair, remove, alter or erect any buildings or structures; to inspect plans, including specifications and descriptions; to grant permits; to enforce the building laws; and to perform such other duties as may be prescribed by the Town Board from time to time.

§ 16-3 Permit required; inspection; information to be submitted.

[Amended 2-7-1995 by L.L. No. 5-1995, effective 2-13-1995; 6-1-1999 by L.L. No. 6-1999, effective 6-8-1999; 7-25-2006 by L.L. No. 15-2006, effective 7-31-2006; 12-4-2007 by L.L. No. 26-2007, effective 12-10-2007; 5-12-2009 by L.L. No. 12-2009, effective 5-22-2009; 12-8-2009 by L.L. No. 12-15-2009; 8-17-2010 by L.L. No. 12-2010, effective 8-25-2010; 12-21-2010 by L.L. No. 3-2011, effective 1-24-2011; 6-4-2013 by L.L. No. 29-2013, effective 6-17-2013; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014]
A. 
It shall be unlawful to construct, alter, remove, demolish or maintain, or to allow, commence or continue to maintain the alteration, removal, or demolition of a wall, structure, plumbing, building or any part thereof, without first filing an application in writing with the Town of Brookhaven Building Division and obtaining a formal written permit. A permit shall not be required for minor repairs to existing plumbing systems. When accessory to one- and two-family dwellings, a building permit shall not be required for the following:
(1) 
Detached residential storage sheds not greater than 144 square feet and conforming to the provisions of § 85-57;
(2) 
Decks, patios and walkways not above grade greater than eight inches at any point, constructed of any material;
(3) 
Gazebos not greater than 144 square feet and with walls no higher than 36 inches;
(4) 
Trellises, pergolas and arbors not greater than 144 square feet;
B. 
Structures or plumbing hereafter erected or installed without a permit or not in conformity with this chapter shall be removed or made to conform to the code.
C. 
No building shall be moved, removed or demolished until a permit has been obtained from the Chief Building Inspector or Building and Zoning Inspector or Building Inspector, and such Inspector shall not issue a permit if, in his judgment, the proposed new location of the buildings would seriously increase the fire hazard of the surrounding buildings.
D. 
The Chief Building Inspector or any Building and Zoning Inspector or any Building Inspector shall, as often as practical, inspect all buildings or structures during the construction for which a permit has been issued to see that the provisions of the law are complied with and that construction is prosecuted safely. Whenever, in his opinion, by reason of defective or illegal work in violation of a provision of the code, the continuance of a building operation is contrary to public welfare, he may order all further work to be stopped and may require suspension of work until the condition in violation has been remedied.
E. 
Copies of plans and specifications and a plot plan showing the location of the proposed building shall, when required by the Building Division, accompany every application for a permit and shall be filed in triplicate.
F. 
All plans and specifications shall be of sufficient clarity to indicate the nature and character of the work proposed and show that the code will be complied with throughout. Computations, strains sheets, stress diagrams and other data necessary to show the correctness of the plans shall accompany the same when required by the Chief Building Inspector.
G. 
All plans and specifications shall bear the name and address of the architect, engineer or designer.
H. 
Demolition permits shall be applied for in the same manner as building permits, but no plans shall be needed. Any such permit shall expire 90 days from the date of issuance. However, specifications and diagrams showing methods to be used for needling or shoring adjacent buildings may be required by the Chief Building Inspector.
I. 
If demolition occurs within an Historic District or historic district transition area or regarding a structure designated as an historic landmark, then HDAC review shall be required.
J. 
No plans or specifications, when once approved by the Chief Building Inspector or any Building and Zoning Inspector or any Building Inspector, shall in any way be changed or altered without the written consent of the Chief Building Inspector or any Building and Zoning Inspector or any Building Inspector.
K. 
The permit holder or his agent shall keep posted in a conspicuous place on the work the permit and shall keep same posted until the completion of the work.
L. 
All building permits are valid and considered in effect for one year from the date of issuance except as otherwise permitted in this Code and no such permit shall be amended. Upon an application being submitted within one month from the date of the expiration of an original building permit, the Chief Building Inspector may grant one extension of said expired building permit for a period not to exceed three months. The applicant shall render a payment fee of the greater amount of 1/3 of the current building permit fee or the minimum fee as set forth in § 29-2B.
(1) 
Permit renewals.
(a) 
First renewal. A permit may be renewed for a single one-year period upon submission of the required documents and payment of the application fee(s) specified in Chapter 29.
(b) 
Second renewal. A permit may be renewed a second time for a single one-year period upon submission of the required documents and payment of the fees required in Chapter 29. In the event the permit grants permission for exterior work and said work has begun and is not completed, a fee in the amount equal to double the application fee(s) specified in Chapter 29 shall be submitted for said exterior work. The Chief Building Inspector or designee may perform an inspection prior to the second renewal of a permit.
(c) 
Third and successive renewals. A permit may be renewed a third time for a single one-year period upon submission of the required documents and payment of the fees required in Chapter 29. In the event the permit grants permission for exterior work and said work has begun and is not completed, a fee in the amount equal to triple the application fee(s) specified in Chapter 29 shall be submitted for said exterior work. The Chief Building Inspector or designee may perform an inspection prior to the second renewal of a permit.
M. 
No permit for the erection, repair, remodeling, altering or moving of a structure, building or portion thereof shall be issued if such building or structure has previously been condemned or has violations of this chapter, Chapter 16A, Chapter 30 or Chapter 85, unless it has been determined by the Chief Building Inspector or his authorized designee that such condemnation has been rescinded or such violations have been corrected. No permit shall be issued if prior approval of another governmental agency is required unless the applicant has demonstrated said approvals have been obtained and remain valid.
N. 
The provisions of this section shall not apply to any structures or buildings within the Town of Brookhaven for which building permits and certificates of occupancy have been duly issued or to any building or structure built prior to January 1, 1945, for which a building permit and certificate of occupancy could lawfully be issued.
O. 
To ensure compliance with the code, the Chief Building Inspector, during the course of construction, may request certification from a testing laboratory, including but not limited to soil compaction, reinforcing bars, slump and cylinder, welding and materials.
P. 
All electrical installations shall be in accordance with the National Electrical Fire Code, except that aluminum wiring shall not be permitted on the load side of the service disconnect in dwellings, buildings or structures for which residential occupancy is a permitted use.

§ 16-3.1 Apprenticeship participation for construction of buildings in commercial and industrial zoning districts.

[Added 4-28-2009 by L.L. No. 8-2009, effective 5-7-2009; amended 7-2-2013 by L.L. No. 34-2013, effective 7-15-2013; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014]
A. 
This section shall be applicable only to applications for foundation permits and building permits for the construction of a building located in commercial and industrial zoning districts where the square footage of the footprint is 100,000 square feet or greater, which have been filed with the Town Division of Building on or after the effective date of this amendment.
(1) 
For purposes of this section, the square footage of the footprint shall be defined and measured as that area between exterior faces of walls.
(2) 
This section shall be applicable to an addition to an existing building located in commercial and industrial zoning districts when such addition is 100,000 square feet or greater. The square footage of the existing building shall not be included in the square footage of such addition, provided the existing building maintains a certificate of occupancy or its equivalent.
(3) 
This section shall not be applicable to buildings constructed as places of worship, colleges or universities.
B. 
Prior to the issuance of a building permit for such projects, an applicant shall demonstrate that any general contractor, contractor or subcontractor for such project participates in an approved apprenticeship training program(s) appropriate for the type and scope of work to be performed, that has been registered with, and approved by, the New York State Department of Labor in accordance with Article 23 of the New York Labor Law.
C. 
The determination of compliance with this section shall be made and certified by the Chief Building Inspector. An aggrieved party may appeal such determination to the Supreme Court, Suffolk County, pursuant to the Civil Practice Law and Rules.

§ 16-4 Certificates of occupancy.

[Amended 4-30-1990 by L.L. No. 14-1990, effective 4-9-1990; 2-7-1995 by L.L. No. 5-1995, effective 2-13-1995; 7-25-2006 by L.L. No. 15-2006, effective 7-31-2006; 12-4-2007 by L.L. No. 26-2007, effective 12-10-2007; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014]
A. 
No land shall be occupied or used and no building, structure or portion thereof shall be occupied, used or changed in its use until a certificate of occupancy has been issued by the Town of Brookhaven Division of Building stating that the building, structure or proposed use complies with the provisions of this code and any other applicable codes and regulations.
B. 
No certificate of occupancy shall be issued under this section unless the applicant has obtained and possesses a valid building permit at the time of application for the certificate of occupancy. A certificate of occupancy may be issued after the date of expiration of the associated permit if all construction and inspections had been successfully completed prior to the date of expiration and the Chief Building Inspector has determined that lack of issuance of said certificate of compliance was in no way due to any action or failure to act on the part of the applicant, with the written concurrence of the Commissioner of Planning, Environment and Land Management.
C. 
No certificate of occupancy shall be issued under this section until an affidavit is filed by the applicant with the Building Division of the Town of Brookhaven stating that such applicant has no knowledge that trees or debris, as defined in the Tree and Debris Disposition Law of the Town of Brookhaven,[1] are buried or will be buried in, upon or under the parcel for which the certificate of occupancy is sought.
[1]:
Editor’s Note: See Ch. 72, Disposition of Trees and Debris.
D. 
Temporary certificate of occupancy. Upon request, the Chief 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, health or the public welfare. A temporary certificate of occupancy may be issued for a period not exceeding three months from its date of issuance and shall be void thereafter, except that, for good cause, the Chief Building Inspector may allow a maximum of two extensions for periods not exceeding three months each. The Chief Building Inspector shall require that a cash bond be deposited with the Department of Finance in sufficient sum to guarantee completion of any incomplete site improvements. Said bond may only be returned to the applicant upon submission of a certification by the Chief Building Inspector that all on-site improvements have been completed.
E. 
For all parcels of land identified as a Superfund site, including but not limited to parcels located adjacent to said identified parcels and parcels which are located over plumes or other contamination originating from a Superfund site parcel, the Chief Building Inspector shall place an advisory notice on all certificates of occupancy, or their equivalent, issued for such parcels. In addition, the Chief Building Inspector shall require certification from a certified testing laboratory as to the presence or absence of soil vapor intrusion from volatile organic compounds and the levels of same. In the event the certification from the certified testing laboratory indicates volatile organic compound levels in excess of federal, state or county government standards, the Chief Building Inspector shall require mitigation and/or remediation in accordance with said government standards before the issuance of a certificate(s) of occupancy.
[Added 5-22-2014 by L.L. No. 10-2014, effective 6-5-2014]

§ 16-4.1 Energy conservation requirements.

[Added 8-22-2006 by L.L. No. 24-2006, effective 8-28-2006; amended 5-18-2010 by L.L. No. 7-2010, effective 5-28-2010; 6-28-2011 by L.L. No. 17-2011, effective 7-12-2011; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014]
A. 
Any new single-family dwelling, multiple-family dwelling, Planned Retirement Community (PRC) or Planned Retirement Congregate Housing Community (PRCHC) as defined in § 85-1, in buildings containing four units or less, not more than three stories in height, with a separate means of egress for each dwelling, minimum of one heating facility for each four dwelling units and a separate primary electric meter for each dwelling unit, including townhouses (hereinafter “subject dwelling”), shall be built to achieve minimum energy conservation performance as verified by the Home Energy Rating System (HERS) promulgated by the Residential Energy Service Network (RESNET).
B. 
The energy conservation requirements must be satisfied by achieving a minimum rating of 70 or lower on the current expanded Home Energy Rating System (HERS) Index as defined in the 2006 Mortgage Industry National Home Energy Rating Systems Standards promulgated by (RESNET).
C. 
In addition to demonstrating compliance with the energy performance standard set forth in Subsection B above, prior to issuance of certificate of occupancy, the subject dwelling must comply with the following additional requirements:
(1) 
Include a tamper-resistant, automatically controlled mechanical ventilation system that provides whole house ventilation (dilution air) as required by the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) 62.2 standard most recently published at the time the most recent building permit was issued; and
(2) 
Comply with the Combustion Safety Testing Standards promulgated by RESNET, the Building Performance Institute, or other organization approved by the Commissioner; testing is to be performed by an individual who has completed appropriate training as approved by the Commissioner; and
(3) 
Heating, ventilation and air conditioning (HVAC) ducts in the subject dwelling shall be subject to an HVAC duct leakage test as defined in Section 403.2.2 of the ECCCNYS and achieve the following criteria: post-construction test leakage to outdoors shall be less than or equal to six cfm @ 25Pa per 100 ft2 of conditioned floor area; rough-in test leakage shall be less than or equal to four cfm @ 25Pa per 100 ft2 of conditioned floor area.
D. 
Prior to the issuance of a building permit for any new subject dwelling, the applicant shall certify compliance with energy conservation requirements by submitting a New York State HERS compliance certificate from an independent certified HERS rater, architect or professional engineer (PE) indicating that the building was designed to meet the required HERS Index of 70. Said certificate must indicate compliance with the current version of the Energy Conservation Construction Code of New York State (ECCCNYS) based on source energy expressed in energy costs or BTU or BTU per square foot of conditioned space as defined by Section N1101.4.1 of the Residential Code of New York State.
E. 
Prior to the issuance of a certificate of occupancy for any subject dwelling which is granted a building permit after August 1, 2011, the applicant shall be required to demonstrate compliance with Subsections B and C of this section by submitting a final HERS rating performed by a RESNET-certified HERS rater. The HERS rater shall attest that the subject dwelling complies with the following requirements:
(1) 
Achieves a rating of 70 or lower on the HERS Index.
(2) 
Meets the ventilation requirements of Subsection C(1) of this section.
(3) 
Passes combustion safety testing required by Subsection C(2) of this section.
(4) 
The subject dwelling complies with both Section 402.4.2.1 and Section 402.4.2.2 of the New York State Energy Conservation Construction Code.
(5) 
Ducts within the subject dwelling have been subjected to an HVAC duct leakage test and achieved the standards required by Subsection C(3) of this section.
(6) 
An ACCA Manual J has been performed for the subject dwelling as defined in Section 403.6 of the Energy Conservation Construction Code of New York State.
(7) 
All HVAC ducts not completely inside the subject dwelling’s thermal envelope are insulated as required by Section 405.2 of the ECCCNYS.
(8) 
A permanent certificate, which includes the building’s HERS Index, in a format approved by the Commissioner, has been affixed on or in the electrical distribution panel.
F. 
Prior to the issuance of a certificate of occupancy for any subject dwelling which was granted a building permit prior to August 1, 2011, the applicant shall provide evidence that the subject dwelling complies with all aspects of the LIPA ENERGY STAR Homes Version 2 Program, using either the Home Energy Rating System (HERS) or Builder Option Package method. Prior to issuance of a certificate of occupancy, all field verification and testing requirements of that program shall be met.
G. 
Commending on January 1, 2012, prior to the issuance of a building permit for any new subject dwelling for which a building permit has been previously issued and for which construction has not progressed beyond the foundation, the applicant shall comply with Subsection D of this section. Prior to issuance of a certificate of occupancy, the subject dwelling shall comply with Subsection E of this section.
H. 
The Commissioner of Planning, Environment and Land Management shall establish requirements for HERS raters practicing in the Town to provide proof of certification, insurance, experience and independence, and shall maintain a list of approved raters that have provided this information and filed other required information with the Commissioner. The Commissioner shall establish rules to limit conflicts of interest in the HERS rating of subject dwellings. No HERS rater may provide the documentation required by Subsection D or E of this section, unless he or she complies with the filing and conflict of interest requirements established by the Commissioner and is currently on the list of approved raters. HERS raters may be removed from the list of approved raters by the Commissioner for cause.

§ 16-4.2 (Reserved) [1]

[1]:
Editor's Note: Former § 16-4.2, ENERGY STAR requirements for buildings higher than three stories or containing more than four units, added 8-22-2006 by L.L. No. 24-2006, effective 8-28-2006, was repealed 6-28-2011 by L.L. No. 17-2011, effective 7-12-2011.

§ 16-4.3 ENERGY STAR exemptions.

[Added 8-22-2006 by L.L. No. 24-2006, effective 8-28-2006; amended 6-28-2011 by L.L. No. 17-2011, effective 7-12-2011]
Notwithstanding any provision contained in § 16-4.1, the testing and verification requirement may be waived upon the Long Island Power Authority (LIPA) submitting a certification that no testing or verification protocol and procedure can be applied accurately in a particular building configuration.

§ 16-5 Universal design permit and requirements.

[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009[1]]
[1]:
Editor's Note: This local law also renumbered former §§ 16-5 through 16-10 as §§ 16-6 through 16-11, respectively.

§ 16-5.1 Universal design: findings; purpose.

[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
A. 
The Town Board of the Town of Brookhaven hereby finds that there is a growing need for one-family and two-family dwellings to be constructed in such a manner that they are adaptable to accommodate the physical needs of the elderly or individuals with physical disabilities.
B. 
The Town Board further finds that the incorporation of certain universal design features during the planning, construction, extension or alteration of one-family and two-family residences will promote and afford, now or in the future, all persons requiring accessibility to dwellings, thereby accommodating the needs of the Town's diverse population. It is therefore the intent of the Town Board to establish incentives for applicants who submit proposals that incorporate specific universal design features for one-family and two-family dwellings. In furtherance of this goal, this § 16-5 establishes a mechanism by which applications for one-family dwellings or two-family dwellings and/or redevelopment containing universal design features are expedited through the universal permit approval process to the fullest extent practicable.

§ 16-5.2 Universal design: definitions.

[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
As used in this § 16-5, the following terms shall have the meanings indicated:
DIVISION
For purposes of this chapter, "division" shall mean the Town of Brookhaven Division of Building.
INCENTIVE
A specific benefit granted to an applicant submitting an application to construct, reconstruct, develop or redevelop a one-family dwelling or two-family dwelling in accordance with the universal design requirements.

§ 16-5.3 Universal design: applicability.

[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
A universal design permit issued in accordance with the requirements of this chapter and Chapter 85, Zoning, shall have the same force and effect as the issuance of a building permit.

§ 16-5.4 Universal design: application; incentives.

[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
A. 
Application: An application and other documents as determined to be necessary by the Chief Building Inspector for a universal design permit shall be submitted to the Building Division in accordance with the provisions contained in this chapter and Chapter 85, Zoning. The Building Division shall review the application. Upon the submission of a complete application, and demonstrating compliance with the requirements set forth in this chapter and Chapter 85, as determined by the Chief Building Inspector, a universal design permit shall be issued. If the application is denied, the reasons thereof shall be stated.
B. 
Incentives.
(1) 
Expedited review. Upon the submission of an application for a universal design permit demonstrating compliance with this chapter and Chapter 85, the Building Division may expedite the review and processing of an application, subject to such rules and regulations as may be promulgated by said Chief Building Inspector. The expedited review of applications covered by this § 16-5 shall not apply to applications before the Town Board, Planning Board or Zoning Board of Appeals or other divisions or departments.
(2) 
It shall be unlawful for any applicant to make false statements or mislead any Town department, division, agency or board in order to secure an expedited review pursuant to the provisions of this § 16-5, or to fail and/or neglect to inform the Building Division of a change in the project which would negate eligibility for an expedited review.

§ 16-5.5 Universal design requirements.

[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
Applications for a universal design permit shall comply with the requirements as set forth in this section.
A. 
All applications must demonstrate compliance with the universal design features as set forth in Subsection A(1) through (5).
(1) 
Zero-step entrance. At least one zero-step entrance to the residence, which may be located at the front, rear or side of the structure, but does not include any entrance that is located within an attached garage. There shall be less than a one-half-inch rise at the zero-step entrance. A sidewalk or walkway being utilized as the accessible route to the zero-step entrance must have a slope no greater than 1:12.
(2) 
Doorways and passageways. All doors on the ground floor of the new construction or addition (including bathrooms, walk-in closets, pocket and sliding doors, and any door intended for human passage) shall have a minimum clearance of 34 inches. A thirty-six-inch door, hung in the standard manner, shall be considered to provide the opening required by this section.
(3) 
Adaptability features. There shall be at least one bedroom on the ground floor, or at least one room that can be converted easily into a bedroom.
(4) 
Convenient facilities. There shall be at least a 1/2 bathroom located on the ground floor, and the fixtures shall be arranged to provide sufficient floor space so as to allow an individual using a wheelchair or other mobility aid to enter and close the door, use the facilities, reopen the door and exit. A sixty-inch turning radius is required to meet the requirements of this section. Maneuvering space may include any knee space or toe space available below bathroom fixtures, including the clear space under a wall-hung lavatory. The lavatory shall be equipped with a lever faucet handle(s).
(5) 
Bathroom(s): reinforcements or "blocking" between wall studs around the toilet and the bathroom/shower areas to conveniently and safely allow for future installation of grab bars, commencing at a height of 32 inches from the floor and extending to a height of at least 38 inches above the floor. Reinforcements may be constructed of plywood or wood blocking.
(a) 
Behind the toilet, a minimum twenty-six-inch-wide reinforced area is required, which safely accommodates a twenty-four-inch grab bar and provides proper backing for flange. Where a toilet is adjoining a sidewall, a minimum twenty-six-inch wide reinforced area is required, which safely accommodates a twenty-four-inch grab bar and provides proper backing for flange. For a sidewall adjoining a toilet, a forty-four-inch wide reinforced area is required to safely accommodate a forty-two-inch grab bar with proper backing for flange.
(b) 
Along a tub wall, reinforcements shall be at least 50 inches wide, which safely accommodates a forty-eight-inch grab bar and provides proper backing for flange. Sidewalls shall have a minimum twenty-six-inch wide reinforced area, which safely accommodates a twenty-four-inch grab bar and provides proper backing for flange.
(c) 
Inside a shower stall, reinforcements shall be at least 26 inches wide on each side adjoining a wall, which safely accommodates a twenty-four-inch grab bar and provides proper backing for flange.
B. 
All applications must demonstrate compliance with at least five of the universal design features as set forth in Subsection B(1) through (13).
(1) 
Seventeen-inch-to-nineteen-inch-high water closet seat in the ground-floor bathroom.
(2) 
Roll-in shower in lieu of standard tub or shower in a ground-floor bathroom.
(3) 
Adjustable hand-held showerhead.
(4) 
Installation of grab bars in the shower area and behind and adjacent to the water closet of the ground-floor bathroom.
(5) 
Ground-floor full bath adjacent to or accessed from a bedroom or the room that is designated as readily converted to a bedroom.
(6) 
Open-front lavatory with knee space and protection panel.
(7) 
Kitchen cabinet base cabinets with pullout shelves and corner cabinets with lazy susan.
(8) 
Removable base cabinet beneath the kitchen sink.
(9) 
Lever handle faucet at kitchen sink.
(10) 
Kitchen appliances: refrigerator with pull-out freezer drawer on bottom; dishwasher with pull-out drawers; microwave base cabinet.
(11) 
A minimum thirty-inch-by-forty-eight-inch clear space at appliances.
(12) 
"Right Height" vanity.
(13) 
Elevator, lift or LULA.

§ 16-6 Fees.

[Amended 3-6-1990 by L.L. No. 10-1990, effective 3-12-1990; 2-7-1995 by L.L. No. 5-1995, effective 2-13-1995; 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
No building permit, universal design permit or other permit or certificate of occupancy required by this chapter shall issue unless the fee has been paid as prescribed in Chapter 29 of the Code of the Town of Brookhaven.

§ 16-7 Penalties for offenses.

[Amended 7-25-2006 by L.L. No. 15-2006, effective 7-31-2006; 10-14-2008 by L.L. No. 20-2008, effective 10-22-2008; 4-12-2011 by L.L. No. 12-2011, effective 4-26-2011]
A. 
Any violation of the New York State Uniform Fire Prevention and Building Code shall be considered a violation of this chapter.
B. 
Any person who shall violate any of the provisions of this chapter, including the failure, refusal or neglect to comply with an order issued by the Chief Building Inspector, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable for a first offense by a fine not less than $1,000 and not to exceed $3,000 or a term of imprisonment not to exceed six months, or both; for a second offense by a fine not less than $3,000 and not to exceed $5,000 or a term of imprisonment not to exceed six months, or both; and for a third or subsequent offense within a five-year period, by a fine of not less than $5,000 and not to exceed $10,000 or a term of imprisonment not to exceed six months, or both.
C. 
Each week, or part thereof, such violation continues following notification by the Town shall constitute a separate offense punishable in like manner.
D. 
The owner or owners of any building or premises or part thereof, or any person in possession thereof where any violation of this ordinance has been committed or shall exist, and any architect, builder, contractor, agent, person or corporation who knowingly commits, takes part or assists in any such violation, or who maintains any building, structure or premises in which any such violation exists, shall each be guilty of a misdemeanor and upon conviction thereof shall be punishable for a first offense by a fine not less than $1,000 and not to exceed $3,000 or a term of imprisonment not to exceed six months, or both; for a second offense by a fine not less than $3,000 and not to exceed $5,000 or a term of imprisonment not to exceed six months, or both; and for a third or subsequent offense within a five-year period, by a fine of not less than $5,000 and not to exceed $10,000 or a term of imprisonment not to exceed six months, or both.
E. 
In addition to the above penalty, any appropriate action or proceeding may be instituted or taken to prevent any unlawful construction, erection, alteration, repair, maintenance or use or to restrain, correct or abate any violation or to prevent the occupancy of any such building, structure or premises or to prevent any illegal act, conduct, business or use in or about such building, structure or premises.
F. 
Severability. If any section, provision or part thereof in this section shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the section as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

§ 16-8 Stop-work orders.

[Added 12-4-2007 by L.L. No. 26-2007, effective 12-10-2007[1]]
A. 
Whenever any Building and Zoning Inspector or any Building Inspector or any Town Investigator or any Town Engineering Inspector has reasonable grounds to believe that work on any building or structure is being performed: (i) in violation of the provisions of the applicable codes or regulations; or (ii) not in conformity with the provisions of an application, plans, specifications or other documents upon the basis of which a permit was issued; or (iii) 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 persons 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 a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail to the property owner.
[Amended 2-26-2009 by L.L. No. 2-2009, effective 3-9-2009]
B. 
No person shall continue, allow or cause to be continued the erection of any building or structure or the use of any materials or machinery in or about the location of any work after the issuance of a stop-work order pursuant to this chapter.
C. 
A stop-work order may be rescinded only by the Chief Building Inspector or a Principal Building Inspector upon evidence of compliance with this chapter.
[1]:
Editor's Note: This local law also renumbered former §§ 16-7 and 16-8 as §§ 16-8 and 16-9, respectively.

§ 16-9 Word usage. [1]

A. 
Unless otherwise expressly stated, whenever used in this chapter, the following terms shall mean literally as written.
B. 
Words used in the present tense include the future as well; singular numbers include the plural, and plural the singular; the word "person" includes corporations or copartnerships as well as an individual; and "writing" includes printing, printed or typewritten matter.
C. 
No legalization due to delinquency, oversight or dereliction of duty on the part of the Chief Building Inspector or other authorized agent shall legalize the erection, construction, alteration, removal, use or occupancy of any building or structure that does not conform to the provisions of the code.
[1]:
Editor's Note: Former § 16-9, Fire limits, was repealed 7-25-2006 by L.L. No. 15-2006, effective 7-31-2006.

§ 16-10 Liability for damages.

The code shall not be construed to relieve from or lessen the responsibility of any party owning, operating, renting, leasing or using any building or structure or erecting, altering, removing or demolishing any building or structure for damages to person or persons or property caused by a defect or mismanagement therein, nor shall the Town of Brookhaven be held as assuming any such liability by reason of the inspection authorized therein or certificate or permit of approval issued or endorsed as herein provided.

§ 16-11 Severability.

[Added 4-28-2009 by L.L. No. 8-2009, effective 5-7-2009]
If any clause, sentence, paragraph, subdivision, section, or other part of this chapter shall, for any reason, be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalidated, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.