Village of Greenport, NY Fire Prevention and Building Construction

A building permit is used by the Village of Greenport to determine whether proposed construction complies with relevant zoning laws[1] and building codes. A permit is required prior to the commencement of construction in order to establish the mechanism whereby the village receives notice that construction is contemplated for a certain piece of property. Such notice is of benefit not only to the village but also to other interested members of the community.

[1]

Editor's Note: See Ch. 150, Zoning.

The application for a building permit requires information sufficient to enable the local officials issuing the permit to make the determination that the proposed work will be in conformance with the requirements of Chapter 150, Zoning. Adoption of the permit system provides officials with an opportunity to review all proposed work for code compliance prior to the commencement of construction activity.

Exceptions to the requirements for a building permit are the following;

(a)

Necessary repairs which do not materially affect structural features.

(b)

Replacement of windows and doors.

(c)

Alterations to existing buildings, provided that they:

[1]

Do not materially affect structural features.

[2]

Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits.

[3]

Do not involve the installation or extension of electrical systems.

[4]

Do not include the installation of solid-fuel-burning heating appliances and associated chimneys or flues.

Although exceptions to the requirements for a building permit are permitted for the three (3) types of construction listed above, such work still must comply with any applicable provisions of the New York Uniform Fire Prevention and Building Code. Furthermore, it is within the power of local officials to inspect such construction to determine whether such construction conforms to the New York Uniform Fire Prevention and Building Code despite the fact that the minimum standards allow exceptions.

(5)

Fees are charged by the village as part of the application process for a building permit. These fees provide income to offset, at least in part, the costs incurred in enforcing the code. The amount of fees charged are established within the legislation.

(6)

The village requires a permit fee to be paid at the time that the application is filed. The fee charged is designed to cover the whole construction process. The initial fee is based on an estimated cost of construction, and if the actual construction costs are greater, the fee is adjusted to reflect the actual costs before issuing a certificate of occupancy.

Certificate of occupancy. The certificate of occupancy is a device used to restrict the use of a building or structure to a specific type of use or occupancy. This Article prohibits the use of new buildings or new additions to existing buildings until a certificate of occupancy has been issued. By issuing a certificate of occupancy, the village acknowledges that construction has been completed and that no material violations of applicable code provisions have been observed during the course of construction.

Inspections.

The Village of Greenport has an ongoing comprehensive program of inspections essential to successful enforcement. Such inspections include the following;

(a)

When a building permit has been issued, inspections are conducted during the course of construction for the purpose of observing the compliance of construction with the code.

(b)

Prior to the issuance of a certificate of occupancy.

(c)

Periodic general inspection by code enforcement officers.

(d)

In response to bona fide complaints regarding conditions or activities allegedly failing to comply with the code.

Through such inspections and procedures, compliance with the code is enforced benefiting all property owners within the village.

§ 65-3 Duties of Building Inspector.

It shall be the duty of the Building Inspector, who shall be appointed by the Village Board, to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto.

The Building Inspector and his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of their duties, provided that:

The Building Inspector shall notify the owner and tenant before conducting any inspection.

The Building Inspector or his duly authorized assistant(s) shall display identification, signed by the Village Clerk, upon commencing an inspection.

Inspections shall be commenced in the presence of the owner or his representative or the tenant.

The Building Inspector shall maintain files, open to the public, of all applications for certificates of occupancy and building permits along with plans submitted therewith, as well as final certificates and permits.

The Building Inspector shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter, as well as action taken as a result of such complaints.

The Building Inspector shall submit to the Board of Trustees, for insertion in the Board minutes, a written report summarizing for each month all building permits and certificates of occupancy issued by him, as well as complaints of violations and action taken as a result of such complaints.

§ 65-4 Revocation of building permit.

The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:

Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.

Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.

Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.

§ 65-5 Stop orders.

Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations, or not in conformity with the provisions of 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 order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.

§ 65-6 Certificate of occupancy.

No use or occupancy of land shall be hereafter established, and no building hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Building Inspector in accordance with the provisions of the State Uniform Fire Prevention and Building Code. The certificate of occupancy specified in this section shall not be issued until approval has been granted, in writing, by the Suffolk County Department of Health.

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 thirty (30) days after completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.

When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him.

§ 65-7 Building Department Fee Schedule.

[Amended 8-15-1996 by L.L. No. 4-1996; 6-17-2004 by L.L. No. 2-2004; 1-18-2007 by L.L. No. 1-2007; 3-22-2010 by L.L. No. 1-2011]

Fees shall be as follows:

One- and two-family dwelling.

New dwelling, additions, alterations and repairs to existing dwelling: $250 plus $0.30 for each square foot of total floor areas in excess of 500 square feet.

Accessory building, decks, fences, additions and alterations to existing accessory building: $150 plus $0.30 for each square foot of floor area in excess of 500 square feet.

Multiple-family dwelling: hotel, motel, multiple dwelling and business, industrial and all other buildings.

New building and additions and alterations to existing building: $500 plus $0.30 for each square foot of floor area in excess of 500 square feet.

Accessory building and additions and alterations to existing accessory buildings: $150 plus $0.30 for each square foot of floor area in excess of 500 square feet.

Foundations.

Foundations constructed under existing building: $200.

Relocated buildings: $200 and $0.15 for each square foot in excess of 300 square feet of floor area.

In-ground swimming pools, together with required enclosure fencing: $300; aboveground swimming pools, together with required fencing: $100.

Demolition and removal: minimum of $75 and $0.15 for each square foot in excess of 300 square feet of floor area.

Signs. All signs, except signs permitted by § 150-15, shall be $1 for each square foot of sign area; minimum of $75.

Certificate of occupancy.

Commercial: $100.

New construction and additions: $75.

Accessory/alteration, pool, shed: $60.

Preexisting (new): $75.

(5)

Vacant land: $40.

(6)

Updated certificate of occupancy: $100.

(7)

Temporary certificate of occupancy: $25.

(8)

Copy: $10.

Zoning Board fees.

Area variance; each petition for a zoning amendment shall be accompanied by a fee of $400 for residential and $500 for commercial, payable to the Village Clerk upon the filing thereof. No fee shall be required for petitions filed in favor of or against a pending application. (Plus $100 for each additional variance item requested).

Property divisions: fee of $500 and $1,000 per lot.

Use variances: $600.

All Board of Appeals filing and examinations will require a deposit for Village Expenses.

(a)

Residential: $200.

(b)

Commercial: $1,000.

Planning Board fees.

Use evaluation within permitted uses not requiring site plan review: $175.

Site plan and SEQRA review: $500.

Site plan review when site is larger than two acres or the cumulative square footage of the building or buildings exceeds 10,000 square feet or if the anticipated cost of the project when completed exceeds $500,000: $1,000.

All Planning Board filings and examinations require a deposit of $1,000 for Village expenses except the item in Subsection I(1), use evaluation for permitted uses.

Wetland permits issued by the Board of Trustees. Fees will be based on the cost of the work for all dredging, bulkheading, dock building, filling in wetlands or any permit requiring Board of Trustees' approval. (Note the fees stated below supersede those fees stated in § 142-7, wetland permit fees.

	Cost	Fee
	Up to $1,000	$100
	Each additional $1,000 or part thereof to and including $15,000	$40
	Each additional $1,000 or part thereof to and including $50,000	$20
	Each additional $1,000 or part thereof over $50,000	$20

Other fees.

[Amended 12-22-2014 by L.L. No. 2-2015]

	Type	Fee
	Flammable liquid tanks	$100
	Solid-fuel-burning appliance	$75
	Fences	$75
	Hot tubs (outside)	$50
	Permit fee for late application (Construction has commenced before building permit application has been received.)	Double the amount of fee
	Permit fee after stop-work order (Construction continues after notification by stop-work order or notice of violation.)	Triple the amount of fee
	Building Inspector initial inspection of a fire suppression system installation	$100

§ 65-8 Annual inspections.

[Added 5-24-2018 by L.L. No. 3-2018]

Each retail and commercial space, and each premises with a space used for public assembly, shall be inspected by the Greenport Village Fire Marshal for compliance with the New York State Uniform Fire Prevention and Building Code and Greenport Village Code at least once per calendar year in addition to any other inspection provided by law or hereunder. The Board of Trustees may set by resolution a form and application and a fee for this inspection.

§ 65-9 Inspection on change of use and occupancy or tenancy.

[Added 5-24-2018 by L.L. No. 3-2018]

In addition to any other inspection provided hereunder or by law, each retail and commercial space, and each premises with a space used for public assembly, shall be inspected by the Greenport Village Fire Marshal for compliance with the New York State Uniform Fire Prevention and Building Code and Greenport Village Code prior to any change in use, occupancy or tenancy and as follows;

In the event that the change of use, occupancy or tenancy creates, changes, or continues a conditional use, or requires a building or other permit under the New York State Uniform Fire Prevention and Building Code or Greenport Village Code, then the Fire Marshal shall refer the application to the Building Inspector and the Planning Board pursuant to § 150-29 of the Greenport Village Code for conditional uses and § 150-30 for all uses, and an application for a review by the Planning Board shall be required; and

In the event that the change of use, occupancy or tenancy does not create, change, or continue a conditional use and does not require a building or other permit under the New York State Uniform Fire Prevention and Building Code or the Greenport Village Code, then the Fire Marshal shall approve the use on a form to be created by the Village and refer that approval to the Village Building Department.