Town of East Hampton, NY Article I Building Construction

[Adopted 12-2-1977 as Ch. 53 of the 1977 Code; amended in its entirety 6-2-2011 by L.L. No. 7-2011]

§ 102-1 Purpose and intent.

[Amended 12-6-2022 by L.L. No. 32-2022]

A. This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code ("Uniform Code") and the State Energy Conservation Construction Code ("Energy Code") in the Town of East Hampton. This local law is adopted pursuant to Section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this local law.

B. The NYStretch Energy Code-2020 supplement to the Energy Conservation Construction Code of New York State-2020, (hereafter referred to as "NYStretch") published by the New York State Energy Research and Development Authority (hereafter referred to as "NYSERDA"), shall be effective for all building permit applications (applicable to new construction, substantial reconstruction, alterations, and additions) submitted on or after January 1, 2023, in the Town of East Hampton unless superseded by more restrictive provisions adopted herein by the Town of East Hampton or by New York State, except that Section R403.6.2 of the NYStretch Code shall be severed from this local law and not be applicable.

§ 102-2 Appointment of Building Inspector.

The Town Board may appoint one or more Building Inspectors, as the need may appear. The compensation of such Building Inspectors shall be fixed by the Town Board.

§ 102-3 Restrictions on employees.

No Building Inspector shall engage in any activity inconsistent with his duties, nor shall be, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of East Hampton, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him, and not constructed for sale.

§ 102-4 Duties and powers of Building Inspector.

A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of the laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.[1]

(1) Such responsibility does not limit others, including, without limitation, enforcement officers and fire marshals, from performing said tasks regarding such subject areas from time to time.

[Amended 9-6-2012 by L.L. No. 13-2012]

[1] Editor's Note: The applicability of the State Building Construction Code in the Town of East Hampton, to become effective 6-1-1956, was accepted by a resolution of the Town Board adopted 12-7-1955.

B. He shall receive applications and issue permits for the erection, alteration, removal 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 laws, ordinances and regulations governing building construction.

C. He shall issue all appropriate notices or orders to remove illegal or unsafe 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.

D. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, 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.

§ 102-5 Department records and reports.

A. The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.

(1) For all construction occurring within the Flood Hazard Overlay District, as defined by § 255-3-40 of Chapter 255, Zoning, and subject to the construction and design standards set forth therein, the Building Inspector shall:

(a) Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar.

(b) For all new or substantially floodproofed structures, obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed and maintain the floodproofing certificates, when required.

B. The Building Inspector shall, monthly, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.

§ 102-6 Cooperation of other departments.

A. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

B. All building plans submitted to the Building Inspector for review, except building plans for one- and two-family residences shall also be submitted to the office of the Town Fire Prevention Inspector for approval signifying conformance of plans to all applicable fire codes and standards of fire safety and must be approved in writing by the Fire Prevention Inspector.

§ 102-7 Application for building permit.

A. Without having first obtained a building permit from the Building Inspector therefor, no person, partnership, association, firm or corporation shall:

(1) Commence, cause or continue the erection, construction, enlargement, removal, improvement, transportation or demolition of any building or structure, or any portion thereof, unless a particular provision of this Code explicitly exempts the particular action from the need for a building permit.

(2) Commence, cause or continue a conversion or change of use of any building, structure, property, parcel or lot, or any portion thereof, from one category of use listed in § 255-11-10, Use Table and Dimensional Table for all districts, of Chapter 255 of this Code to any other such listed category of use.

(3) Commence, cause or continue any other action, activity, project, use or work for which any provision of this Code requires a building permit.

B. Application to Building Inspector.

(1) Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information:

(a) A description of the land on which the proposed work is to be done;

(b) A statement of the use or occupancy of all parts of the land and of the building structure;

(c) The valuation of the proposed work;

(d) The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations;

(e) A brief description of the nature of the proposed work;

(f) A duplicate set of plans and specifications as set forth in Subsection C(1) of this section; and

(g) Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.

(h) A staked survey, prepared by a New York State licensed surveyor, indicating the clearing limitations ("envelope") for the subject property, in accordance with the East Hampton Town Code.

[Added 5-19-2022 by L.L. No. 14-2022]

[1] The following exceptions shall apply:

[a] Lots with legally preexisting clearing;

[b] Proposed structures/items located in an area shown on a current survey of the property as already cleared.

(2) Application shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work.

(3) Failure to comply with any of the above provisions shall result in the nonissuance of building permit or revocation of building permit pursuant to § 102-11, and/or issuance of stop-work order pursuant to § 102-12.

C. Plans and specifications.

(1) Each application for a building permit shall be made on forms furnished by the Building Department and accompanied by plans and specifications, including a plot plan, all drawn to 1/4 inch equals one foot scale, showing the nature, location, dimensions, square footage and elevations of all proposed new construction and all existing structures on the site, including subsurface sewage disposal facilities and drainage structures, the nature and character of the work to be performed, distances from lot lines, the relationships of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.

(a) Whenever the plans accompanying an application are for a structure which, in the opinion of the Inspector, is of complex design, the Inspector shall require the applicant to file an affidavit signed by a licensed architect or engineer certifying that the plans and specifications comply with the provisions of this ordinance as in force on the date of the application. In such case the Inspector may, in his discretion, employ a licensed architect or engineer to examine the plans. The amount by which the cost of such examination, not exceeding 1/3 of 1% of the estimated construction cost, is in excess of 1/2 of the permit fee required by § 102-9 of this ordinance shall be added to such permit fee and paid by the applicant before the permit shall be issued. In the event the Inspector employs a licensed engineer or architect under this subsection, the Inspector may rely upon the advice of such architect or engineer as to whether such plans and specifications comply with this ordinance.

(b) Whenever the plans accompanying an application are for a structure which, in the opinion of the Inspector, is of complex design, the Inspector may, in his discretion, issue the permit subject to the condition that an architect and/or engineer whose qualifications are acceptable to him (and who may be already employed by the owner or builder) be employed by the owner or builder to supervise all work done under the permit, to see that the work conforms with the approved plans and specifications and forthwith upon its completion to make and file with the Inspector an affidavit or affidavits that he or they have complied with all inspection requirements of this ordinance and that the work has been carried out according to the approved plans and specifications and in accordance with the provisions of this ordinance. In such case the Inspector may rely upon such affidavit or affidavits as evidence that such building conforms substantially to the approved plans and specifications and the requirements of this ordinance applying to buildings of its class and kind.

(c) Whenever the plans accompanying an application are for a structure which, in the opinion of the Inspector, requires additional clearing on the site, the Inspector shall require the applicant to file a survey showing clearing lines and calculations for the site to ensure compliance with § 255-2-60.

(2) Applications for a building permit for lands within the Flood Hazard Overlay District as defined by § 255-3-40 of Chapter 255, Zoning, of the Town Code shall include and show the following additional information on the plans and specifications submitted:

(a) The elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all structures.

(b) The elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed.

(c) When required by the Building Inspector, a certificate from a licensed professional engineer or architect that all utilities will meet the floodproofing criteria set forth in § 255-3-45A of the Town Code.

(d) A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria set forth in § 255-3-45A(2)(b) of the Town Code.

(3) Plans and specifications shall bear the signature of the person responsible for the design of the drawings.

(4) In cases where the proposed work can otherwise be shown to comply with all requirements of the applicable building laws, ordinances and regulations, the Building Inspector may waive the requirement for filing plans.

D. Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.

§ 102-8 Issuance of building permit.

A. The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time, and in all events within 15 days.

B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his legal signature to be affixed 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 at all reasonable times.

D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the applicable building regulations, the Building Official shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

E. No building permit may be issued in connection with construction on lots within a filed subdivision map approved by the Town Planning Board where a condition of approval includes installation of a fire protection device until said device has been installed and approved by the appropriate fire district or department.

§ 102-9 Performance of work under building permit.

A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is used for a period of one year after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions. The extension may be for either a period not exceeding six months each or a period not exceeding one year each.

[Amended 3-1-2012 by L.L. No. 5-2012]

B. As specifically provided in the Section 302 of the Town of East Hampton Zoning Ordinance[1] notwithstanding anything previously provided herein, the Building Inspector is hereby specifically authorized to grant a maximum of two one-year extensions of building permits for the expansion of preexisting nonconforming uses, provided that such permits were issued on or before December 31, 1971.

[1] Editor's Note: See Ch. 255, Zoning, § 255-5-10 et seq.

C. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.

D. Elevation certificate required. For all construction occurring within the Flood Hazard Overlay District, as defined by § 255-3-40 of Chapter 255, Zoning, and subject to the construction and design standards set forth therein, upon placement of the lowest floor or floodproofing by whatever means or upon placement of the horizontal structural members of the lowest floor, whichever applies, the permit holder shall submit to the Building Inspector an elevation certificate certifying the elevation of the lowest floor, floodproofed elevation or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the same. Any further work undertaken prior to the submission and approval of the elevation certificate shall be at the permit holder's risk, and the removal of such further work may be ordered by the Building Inspector. The Building Inspector shall review and approve all such certificates. Deficiencies in construction or floodproofing or failure to meet the minimum first-floor elevation shall be cause for issuance of a stop-work order for the project unless immediately corrected.

§ 102-10 Building permit, revegetation and sign permit fees.

A. The fees to be paid for issuance of building permits, sign permits and revegetations shall be set from time to time by resolution of the Town Board. The Board may establish and/or maintain differing fees for differing types of building permits, sign permits and/or revegetations or institute new fees for new categories of building permits, sign permits and/or revegetations. The office of the Building Inspector shall maintain a current copy of all such fees and shall make the same available to any member of the public wishing to obtain a copy of the same.

B. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded.

§ 102-11 Revocation of building permit.

The Building Inspector may revoke a building 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 building permit was based;

B. Where he finds that the building 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 the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or

D. 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.

§ 102-12 Stop orders.

[Amended 6-19-2014 by L.L. No. 19-2014]

Whenever a Building Inspector, Fire Marshal, Ordinance Inspector, Ordinance Enforcement Officer, Director of Code Enforcement, or Town Public Safety Director 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 persons 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 to the owner of the property as listed on the assessment rolls.

§ 102-13 Right of entry.

Any building official, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 102-14 Certificate of occupancy.

A. No building or structure 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 or structure 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.

C. No change shall be made in the use or type of occupancy of an existing building or structure unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.

D. The owner or his agent shall make application for a certificate of occupancy. Accompanying his application and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the building contractor who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit 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 affidavit.

§ 102-15 Inspection prior to issuance of certificate.

A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined 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.

§ 102-16 Certificates of occupancy.

A. Issuance of certificate of occupancy.

(1) 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. If it is found that the proposed work has not been properly completed, or that the construction has caused damage to any public street or sidewalk, 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 building regulations and shall require any damage to a public street or sidewalk repaired in accordance with the directives of the Superintendent of Highways.

(2) A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application and the building or portion thereof may thereafter be occupied as though a certificate of occupancy has been issued.

(3) 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 building laws, ordinances 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.

(4) The Town Board shall set the fee for issuance of a certificate of occupancy from time to time by resolution.

B. Revocation of certificate of occupancy.

(1) The Building Inspector may revoke a certificate of occupancy 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 upon which the building permit was issued;

(b) Where he finds that there has been any false statement or misrepresentation as to a material fact in the application for a certificate of occupancy;

(c) Where he finds that the certificate of occupancy was issued in error; or

(d) Where he finds that the issuance of the certificate of occupancy is in conflict with the applicable law.

(2) Revocation of the certificate of occupancy is not effective until the Building Inspector refers revocation of a certificate of occupancy to the Zoning Board of Appeals for a hearing and determination on the merits and such determination is filed with the office of the Town Clerk.

§ 102-17 Temporary certificate of occupancy.

Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure, or part thereof, provided that the Inspector finds that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. A temporary certificate of occupancy can only be issued by the Building Inspector when the outstanding work to be performed by the applicant concerns paving and sidewalk improvements, or landscaping or revegetation work that cannot be completed due to seasonal climatic conditions. A temporary certificate of occupancy issued pursuant to this section shall expire within 90 days. The Building Inspector may, in his or her discretion, approve a ninety-day extension of the temporary certificate of occupancy for good cause.

§ 102-18 Tests.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 102-18.1 Unsafe buildings.

A. All buildings or structures which are structurally unsafe, unsanitary, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment are, severally, for the purpose of this 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.

C. Whenever the Building Inspector shall find any building, or 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 orders in § 102-11 of this ordinance, give to the owner, agent, or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, or structure or portion thereof.

D. If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected, and approved by the Building Official. The Building Inspector shall cause to be posted at each entrance to such building a notice "This building is unsafe and its use or occupancy has been prohibited by the Building Department." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm, or corporation, or their agents or other servants 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 same.

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

F. In cases of emergency which, in the opinion of the Building Inspector, involve imminent danger to human life or health, he shall promptly cause such buildings, structures, or portions thereof to be 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 costs 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 public or private way.

G. Costs incurred under Subsections E and F of this section shall be paid out of the municipal treasury on certificate of the Building Inspector. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.

§ 102-19 Notification regarding fire or explosion.

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

§ 102-20 Fire safety and property maintenance inspections.

A. Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector or any other individual designated in § 102-4A(1) at the following intervals:

(1) Fire safety 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) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

(3) Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) shall be performed at least once every 12 months.

B. Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety 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 any other individual designated in § 102-4A(1) at any time upon:

(1) The request of the owner of the property to be inspected or an authorized agent of such owner.

(2) Receipt by the Building Inspector or any other individual designated in § 102-4A(1) of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist.

(3) Receipt by the Building Inspector or any other individual designated in § 102-4A(1) of any other information, reasonably believed by the Building Inspector or any other individual designated in § 102-4A(1) to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this Subsection B(3) 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. OFPC inspections. Nothing in this section or in any other provision of this local law 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 Section 156-e and Education Law Section 807-b.

§ 102-21 Penalties for violation.

A. Any violation of the Uniform Code or Energy 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 Building Inspector, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable for a first offense by a fine of not less than $250 and not to exceed $1,000 or a term of imprisonment not to exceed six months, or both; for a second offense, by a fine of not less than $1,000 and not to exceed $3,000 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 and person in control of any building or premises or part thereof, where any violation of this ordinance has been committed or shall exist, shall each be guilty of a separate offense and upon conviction thereof shall be fined and/or imprisoned as herein provided. For the purposes of this article, "person in control" is defined as any owner, builder, architect, lessee, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction, maintenance or use of any structure, building or property, so long as such person or entity has the apparent power and authority to control the manner in which the structure, building or property is constructed, maintained or used.

[Amended 7-21-2016 by L.L. No. 33-2016]

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.

§ 102-22 Abatement of violation.

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 those remedies shall be in addition to the penalties prescribed in the preceding section.

§ 102-23 Application.

This ordinance shall be effective and operative only in that portion of the Town of East Hampton outside of any incorporated village therein.

§ 102-24 East Hampton Town Energy Savings Program.

[Amended 2-16-2017 by L.L. No. 6-2017; 12-6-2022 by L.L. No. 32-2022]

A. The NYStretch Energy Code 2020 supplement to the Energy Conservation Construction Code of New York State 2020, (hereafter referred to as "NYStretch") published by the New York State Energy Research and Development Authority (hereafter referred to as "NYSERDA"), shall be effective for all building permit applications (applicable to new construction, substantial reconstruction, alterations, and additions) submitted on or after January 1, 2023, in the Town of East Hampton unless superseded by more restrictive provisions adopted herein by the Town of East Hampton or by New York State except that Section R403.6.2 of the NYStretch Code shall be severed from this local law and not be applicable.

B. Effective June 1, 2017, any newly built or substantially reconstructed subject dwelling detached one- or two-family dwelling shall be rated by an independent, Residential Energy Services Network (RESNET)-certified home energy rating system (HERS) rater, following the protocol set out by RESNET, including all required reviews, inspections, and diagnostic tests, including combustion safety tests. The HERS rater must attest that the home was rated to the HERS index prescribed below, passed all combustion safety tests, and complies with all requirements of Section R406 of the ECCCNYS 2020 as amended by NYStretch 2020 prior to the issuance of a certificate of occupancy.

(1) Detached one- or two-family dwellings up to 3,000 square feet Gross Floor Area (GFA) shall meet the requirements of either the Prescriptive Path, or Performance Path, or achieve an Energy Rating Index (ERI) of 50 or less and comply with all requirements of Section R406 of the ECCNYS 2020 as amended NYStretch 2020.

(2) Detached one- or two-family dwellings with 3,001 to 4,500 square feet Gross Floor Area (GFA) shall achieve an Energy Rating Index (ERI) of 50 or less and comply with all requirements of Section R406 of the ECCCNYS 2020 as amended NYStretch 2020.

(3) Detached one- or two-family dwellings with over 4,500 square feet Gross Floor Area (GFA) shall achieve an Energy Rating Index (ERI) of 31 or less and comply with all requirements of Section R406 of the ECCCNYS 2020 as amended by NYStretch 2020. In addition, the building envelope must be at least as efficient as the prescriptive requirements of the 2020 NYStretch Energy Code.

C. For the sole purpose of identifying with which of the requirements of Subsection B a subject dwelling must comply, the Gross Floor Area (GFA) as defined by "floor area, gross" in § 255-1-20 of the East Hampton Town Code will be used. GFA does not supersede the methodology of current RESNET protocol, but serves only to trigger the compliance tier required of a newly built or substantially reconstructed subject dwelling.

D. Effective January 1, 2023, new multifamily buildings shall also be in compliance with the provisions of this Code, unless the Principal and/or Chief Building Inspector has determined otherwise based upon a formal written request of the property owner. Upon receipt of a formal written request, the Principal and/or Chief Building Inspector shall determine whether the relief from strict compliance to the standards enumerated in Subsection B above is justified. In making a determination as to whether practical difficulties justify a waiver from strict compliance to the standards set forth in this Code, the Principal and/or Chief Building Inspector shall consider the following factors: the location and condition of any existing structure or structures, the size of the lot, the topography of the lot, the existence and extent of clearing restrictions on the property, the proximity of trees and shade on the lot, lot coverage restrictions on the property and such other and further factors or conditions that exist at the property that may impact strict compliance with the standards enumerated in Subsection B above. If the Principal and/or Chief Building Inspector determines that a waiver is appropriate, the property owner shall provide a practicable plan for alternative methods of energy conservation conducive for the location or make a showing that there are no practicable energy conservation systems conducive to the location. Upon receipt of the property owner's plan, the Principal and/or Chief Building inspector shall grant a waiver, in writing, from the requirements of this section, conditioned upon the implementation of the alternative methods proposed by the owner or such other practicable conditions as required by the Principal and/or Chief Building Inspector. This downgraded home energy rating application is to the Town for a waiver of the Town's requirements. Receipt of an approved waiver from the Town does not allow for the state's requirement to not be met. A separate application to the state would need to be made if the state standard is not being met.

E. Effective January 1, 2023, commercial buildings may also comply with Appendices CB (Rated R-Value of Insulation - Commercial) of the 2020 NYStretch Energy Code when applicable, and must comply with Appendix CC (Additional Power Distribution System Packages) of the 2020 NYStretch Energy Code when applicable.

F. Effective January 1, 2023, additions and alterations that are not deemed substantial reconstruction to residential and commercial buildings shall comply with Chapter 5 of the ECCCNYS 2020 as modified by NYStretch 2020. Compliance of additions and alterations to residential buildings shall be documented and verified by an independent, Residential Energy Services Network (RESNET)-certified home energy rating system (HERS) rater.

G. The owner of a structure may apply for a waiver from the requirements of this section on the basis that the structure is of historic significance. The owner seeking a waiver shall make application to the Town Architectural Review Board for such waiver. The Architectural Review Board shall grant the application for the waiver if the applicant shall demonstrate that meeting the requirements of this section would have an adverse impact on the historical nature of the structure, and there are no practicable alternatives that would allow the applicant to comply with the requirements of this section and maintain the historical significance of the structure.

H. The owner of a structure or proposed structure may apply for a downgraded home energy rating requirement by written application to the Principal and/or Chief Building Inspector on the basis that there exists practicable difficulties specific to the site, construction or design elements encountered in the course of design or construction. Upon receipt of the written request, the Principal and/or Chief Building Inspector shall determine whether there is a showing of need for relief from strict compliance to the standards enumerated in Subsection B above. In determining the conduciveness of a property and practicable difficulties, the Principal and/or Chief Building Inspector shall consider the following factors: the location and condition of any existing structure or structures, the size of the lot, the topography of the lot, the existence and extent of clearing restrictions on the property, the proximity of trees and shade on the lot, lot coverage restrictions on the property and such other and further factors or conditions that exist at the property that may impact strict compliance with the standards enumerated in Subsection B above. If the Principal and/or Chief Building Inspector determines that a waiver is appropriate, the property owner shall provide a practicable plan for alternative methods of energy conservation conducive for the location or make a showing that there are no practicable energy conservation systems conducive to the location. Upon receipt of the property owner's plan, the Principal and/or Chief Building inspector shall grant a waiver, in writing, from the requirements of this section, conditioned upon the implementation of the alternative methods proposed by the owner or such other practicable conditions as required by the Principal and/or Chief Building Inspector.

§ 102-24A Appeal of Principal Building Inspector's determination.

[Added 2-16-2017 by L.L. No. 6-2017]

Any applicant aggrieved by a decision made by the Principal Building Inspector under § 102-24 above may appeal such decision, denial, condition, or waiver of the Principal Building Inspector by filing a written petition, along with a fee in an amount as set by resolution of the East Hampton Town Board, in the office of the Town Clerk for review to the Energy Conservation Administrative Appeals Board (hereinafter referred to as "ECAAB"). The ECAAB shall be comprised of the following persons: 1) Environmental Protection Director; 2) Town Engineer; 3) Chair of the Zoning Board of Appeals. The ECAAB shall meet to review the petition within two weeks of receipt thereof and may hold hearings upon seven days' notice by certified mail to the applicant or his agent, at the address included in the petition. The ECAAB may conduct field visits and obtain additional information deemed necessary in rendering its decision. The ECAAB shall have the authority to hire independent consultants at its sole discretion to help it render a decision by undertaking actions including, but not limited to, review of plans, conduction of site testing, and modeling of proposed plans. The ECAAB may require an applicant to pay the costs incurred by the ECAAB for all independent consulting services it may reasonably seek to engage, including but not limited to engineering, planning, legal and clerical costs incurred in processing and review of an application. Upon completion of the review of the appeal or the close of the public hearing, the ECAAB shall issue a decision in writing and state the reasons and attendant conditions of its decision. A decision shall be issued within 45 days of the end of the hearing or completion of review.

§ 102-24B Definitions.

[Added 2-16-2017 by L.L. No. 6-2017]

For the purposes of § 102-24 and § 102-24A, the following words and terms shall have the following meanings:

SOLAR HEATING SYSTEM

Usually panels or coils of plastic or metal through which water passes to increase the temperature by using the sun's radiant energy.

SUBJECT DWELLING

Any one- or two-family dwelling or multifamily dwelling (including townhouses) not more than three stories in height, with a separate means of egress for each dwelling, a minimum of one heating facility for each four dwelling units, and a separate primary electric meter for each dwelling unit.

SUBSTANTIAL RECONSTRUCTION

Construction that includes the removal and replacement of the ceiling, interior finishes of a dwelling which expose the exterior framing, and more than 50% of any windows, exterior doors, or HVAC building system.