A.
This chapter shall be known and cited as the "Building Code."
B.
The New York State Building and Fire Codes as referenced are available
on the New York State Division of Code Enforcement and Administration
website [http://www.dos.ny.gov/DCEA (Free On-Line Codes)]. The words
"New York State Building Codes" or "state codes" as used in this chapter
shall refer to the New York State Building Code, Residential Building
Code, Fire Code, Existing Building Code, Mechanical Code, Plumbing
Code, Energy Conservation Code, and Property Maintenance Code, as
applicable. It is not the intention for any work stated in this code
to be in violation of any state codes.
A.
Matters covered; interpretation.
(1)
All matters concerning, affecting or relating to the construction,
alteration or removal of buildings or structures erected or to be
erected in the Village are presumptively provided for in this chapter,
except insofar as such provisions are contained in the Village Law,
the Labor Law, the New York State Building Code, or the rules promulgated
in accordance with the provisions of this article by the Superintendent
of Buildings.
(2)
This chapter is hereby declared to be remedial, and shall be construed
liberally to secure the beneficial interests and purposes thereof.
B.
All new work to conform. No wall, structure, building or part thereof
shall hereafter be constructed, nor shall the plumbing or drainage
or other equipment of any building, structure or premises, so far
as provided for in this chapter, be constructed or altered in the
Village, except in conformity with the provisions of this chapter.
No building already erected or hereafter to be built in said Village
shall be altered in any manner that would be in violation of any of
the provisions of this chapter, the New York State Building or Fire
Code or any rule or approval of the Superintendent of Buildings made
and issued thereunder; but nothing in this chapter shall prohibit
the raising or lowering of any building to meet a change of grade
in the street on which it is located, provided that the building is
not otherwise altered.
C.
Buildings affected. All provisions of this chapter shall apply with
equal force to municipal buildings as they do to private buildings,
except as may be specifically provided for by law.
A.
Usage. Words used in the present tense include the future; words
in the masculine gender include the feminine and neuter; the singular
number includes the plural and the plural the singular; the word "person"
includes a corporation as well as an individual; "writing" includes
printing and printed or typewritten matter; "oath" includes affirmation,
"signature" or "subscription."
B.
ALTERATION
APPROVED
CURB
(1)
(2)
GENERAL CONTRACTOR
HEIGHT
MULTIPLE DWELLING
OCCUPIED
OWNER
STORY
Definitions. Unless otherwise expressly stated, the following terms
shall, for the purposes of this chapter, have the meanings herein
indicated:
As applied to a building or structure, any change or rearrangement
in the structural parts or in the exit facilities, or any enlargement,
whether by extending on any side or by increasing in height, or the
moving from one location or position to another.
As applied to any material device or mode of construction,
approved by the Superintendent of Buildings under the provisions of
this chapter, or any other authority designated by law to give approval
in the matter in question.
When used in defining the height of a building, the mean curb
level at that front of the building which faces on the street of the
greatest width or, if the greatest width occurs on more than one of
the streets on which the building faces, the mean curb level at the
point of the building which faces on the street of the greatest width
and having the highest curb.
When used in fixing the depth of an excavation, the curb level
at that point of the curb which is nearest to the point of the excavation
in question.
Of, pertaining to, or affecting all persons or things belonging
to a group, category or system; a person who contracts to furnish
supplies or perform work at a certain price, especially in construction.
As applied to a building or structure, the measurement from
the mean level of the ground surrounding the building to a point midway
between the highest and lowest points of the roof, provided that chimneys,
spires, towers, elevator penthouses, tanks and similar projections
shall not be included in the height.
A building as hereafter defined in the Multiple Dwelling
Law.
As applied to any building, shall be construed as though
followed by the words "or intended, arranged or designed to be occupied."
Includes his duly authorized agent or attorney, a purchaser,
devisee and any person entitled to an interest in the property in
question.
That part of a building comprised between any floor and the
floor or roof next above.
A.
On the first day of every biennial fiscal year of the Village, every
general contractor carrying on his trade, business or calling in the
Village shall register his name and address at the office of the Building
Department in the Village in which he performs work under such rules
as the Department may prescribe.
B.
The general contractor must produce his Nassau County Consumer Affairs
license.
C.
The fee for the license shall be determined by a resolution issued
by the Board of Trustees.
D.
Workers compensation insurance, disability insurance and liability
insurance (with coverages set by resolution of the Board of Trustees)
must be current and certificates of insurance must be filed naming
the Incorporated Village of Malverne as certificate holder and additional
insured as required by the Village.
E.
The erection, alteration or repair of any building or structure between
7:00 p.m. and 8:00 a.m. at any time, and at any time on Sunday, except
in case of urgent necessity in the interest of public safety as determined
by applicable laws in the Code of the Village of Malverne, shall be
prohibited.
No permit for a storage garage shall be issued for any building,
shed or enclosure:
A.
Which is occupied as a tenement house, hotel or lodging house.
B.
Where paints, varnishes or lacquers are manufactured or kept for
sale.
C.
Where dry goods or other highly inflammable materials are manufactured
or kept for sale.
D.
Where rosin, turpentine, hemp, cotton or any explosives are stored
or kept for sale.
E.
Which is situated within 20 feet of the nearest wall of a building
occupied as a school, theater or other place of public amusement or
assembly.
A permit shall not be issued in a building occupied as a multiple
dwelling unless the ground-floor area of the garage does not exceed
5,000 square feet and unless the occupants are the applicant or his
employees or the applicant and one other tenant, or the applicant's
employee and one other tenant, and provided that not more than two
stories above the garage are occupied or used as living apartments,
which apartments shall be separated from the garage by fire-retarding
walls and floors, not pierced except by one opening, protected by
a fireproof self-closing door, and provided that there shall be an
entrance to the living apartments directly from the street without
passing through the garage. In case the building is occupied by two
families and on two stories above the garage, a fire escape or other
secondary means of escape must be provided for each story above the
garage.
A.
For construction or alteration. Before the construction or alteration
of any building, wall or structure, or any part of either, or any
sidewalk, platform, staging or flooring to be used for standing or
seating purposes, and before the construction or alteration of the
plumbing, electrical wiring or drainage of any building, structure
or premises is commenced, the owner or lessee, or agent of either,
or the architect or builder employed by such owner or lessee in connection
with the proposed construction or alteration, shall submit to the
Superintendent of Buildings a detailed statement, in duplicate, of
the specifications, on appropriate blanks to be furnished to the Department
of Buildings, and such plans and structural-detail drawings of the
proposed work as the Superintendent of Buildings may require. Such
statements constitute an application for a permit to construct or
alter and shall be accompanied by a further statement in writing,
sworn to before a notary public or a Commissioner of Deeds, giving
the full name and residence of each of the owners of said building
or proposed building, structure or proposed structure, premises, wall,
platform, staging or flooring, and by a diagram of the lot or plot
on which such construction or alteration is to be made, showing the
exact location of any proposed new construction and all existing buildings
or structures that are to remain.
B.
Authorization of owner. If the construction, alteration or plumbing,
electrical wiring or drainage, or the alteration thereof, is to be
made or executed by any other person than the owner of the land in
fee, the person intending to make such construction or alteration,
or to construct such plumbing, electrical wiring or drainage shall,
either as owner or lessee or in any representative capacity, accompany
the application to build or alter with a statement in writing, sworn
to as aforesaid, giving the full name and residence of each of the
owners of the land, building or proposed building, structure or proposed
structure, premises, wall, platform, staging or flooring, and reciting
that he is duly authorized to perform said work. Such statement may
be made by the agent or architect of the person hereinbefore required
to make the same.
C.
Notice to demolish. Before any existing building or part of an existing
building is demolished, a statement, in writing, on appropriate blanks
to be furnished by the Department of Buildings, constituting a notice
to demolish shall be submitted to the Superintendent of Buildings
by the owner, giving the full name and residence of each of the owners
of the building to be demolished, the name and business address of
the person who is to do the work and such other information respecting
the building as the Superintendent of Buildings may require. Such
notice shall be submitted not less than 48 hours before the work of
demolition is commenced.
D.
Place of filing. All applications, notices and sworn statements required
by this section and copies of the approved plans shall be kept on
file in the office of the Superintendent of Buildings. Applications
shall be promptly docketed as received.
E.
Amendments. Nothing in this chapter shall prohibit the filing of
amendments to any application at any time before the completion of
the work for which the permit was sought, and such amendments, after
approval, shall be made part of the application and filed as such.
F.
Ordinary repairs excepted. Ordinary repairs to buildings or structures,
or to the plumbing, electrical wiring or drainage thereof, may be
made without notice to the Superintendent of Buildings, but such repairs
shall not be construed to include the cutting away of any wall or
any portion thereof, the removal or cutting of any beams or supports,
or the removal, change or closing of any stairway or required means
of exit, or the alteration of any house sewer, private sewer or drainage
system or the construction of any waste pipe.
A.
Approval of applications. It shall be unlawful to construct or alter any building, structure, wall, platform, sidewalk, staging or flooring, or any part thereof, or any plumbing, electrical wiring and drainage, until the application and plans required by § 265-7 of this article shall have been approved by the Superintendent of Buildings. The Superintendent of Buildings shall approve or reject any application or plan, or amendment thereto, filed with him pursuant to the provisions of this article, within a reasonable time, and, if approved, shall promptly issue a permit therefor.
B.
Approval in part. Nothing in this section shall be construed to prevent
the Superintendent of Buildings from approving and issuing a permit
for the construction of part of a building or structure, when plans
and detailed statements have been presented for the same, before the
entire plans and detailed statements of said building or structure
have been submitted or approved.
C.
Signature to permit. Every permit issued by the Superintendent of
Buildings under the provisions of this chapter shall have his signature
affixed thereto, but this shall not prevent the Superintendent from
authorizing any subordinate to affix such signature.
D.
Compliance with plans. The construction or alteration of any building,
structure, platform, staging or flooring, or of any plumbing, electrical
wiring or drainage, shall be in accordance with the approved detailed
statement of specifications and plans for which the permit was issued,
or any approved amendment thereof. The Superintendent will require
a certified copy of the approved plans to be kept at all times on
the premises during construction, from the commencement of work to
the completion thereof.
E.
Adherence to diagram. The location of any new building or structure, or of any extension of an existing building or structure, shown on the diagram filed as required by § 265-7 of this article, or on any approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of any lot or lots, a diagram of which has been filed with an application to construct or alter and has been used as the basis for a permit, unless the building or structure for which the permit was issued complies in all respects with the requirements of this chapter for buildings or structures located on plots of such diminished area; provided, however, that this shall not apply to any case in which the lot area is reduced by reason of any street opening or widening or other public improvement.
A.
A building permit shall be effective for a period of one year after
issuance to authorize the commencement and continuation of work in
accordance with the application, plans and specifications on which
it is based. If substantial work pursuant to the permit is commenced
within one year after the date of its issuance, and such work actively
continues until completion, the permit shall remain in effect during
such period of time. In the event no substantial construction is performed
in any period of 60 days or more during the term of a permit, the
permit shall be deemed abandoned unless extended by the Superintendent
of Buildings pursuant to this subsection. Notwithstanding any of the
foregoing, a building permit shall not remain effective for a period
in excess of one year from the date of issuance unless extended pursuant
to this subsection. For good cause shown and at the discretion of
the Superintendent, and upon payment of a fee as established by resolution
of the Board of Trustees, the Superintendent may grant a maximum of
two extensions of a permit for periods not exceeding six months each.
Any further extensions shall require the approval of the Board of
Trustees, which may be issued only upon written application and payment
of any required extension fee.[1]
B.
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.
C.
The building permit card shall be displayed prominently on the job
site at all times during the progress of construction so as to be
readily seen from adjacent thoroughfares.
D.
No contractor, developer, home repair company, or other commercial
company shall commence construction or landscaping work in the Village
prior to 8:00 a.m. or continue to engage in work after 6:00 p.m. in
order to regulate unnecessary noise during evening and early morning
hours when residents are generally asleep or return home from work.[2]
The Superintendent of Buildings may revoke a building permit
previously issued in the following instances:
A.
Where he or she 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 or she finds that the building permit was issued in error,
and should not have been issued, in accordance with applicable laws.
C.
Where he or she finds that the work performed under the permit is
not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D.
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Superintendent
of Buildings.
Before any permit shall be granted for the construction or alteration
of any building, structure or sidewalk, the applicant shall pay to
the Village of Malverne a fee to be determined by resolution of the
Board of Trustees. A schedule of fees shall be kept by the Superintendent
of Buildings at the Building Department.
A.
No building hereafter erected shall be occupied or used, in whole
or in part, for any purpose whatever until a certificate of occupancy
has been issued by the Superintendent of Buildings, certifying that
such building conforms substantially to the approved plans and specifications
and the requirements of this chapter applying to buildings of its
class and kind.
B.
No building, whether new or altered, shall be occupied or used, in
whole or in part, for any purpose whatever, until a certificate of
occupancy has been issued by the Superintendent of Buildings, certifying
that the work for which the permit was issued has been completed substantially
in accordance with the approved plans and specifications and the provisions
of this chapter applying to such alteration, and, when the occupancy
or use of the building has continued during the work of alteration,
the occupancy or use of the building shall not continue for more than
30 days after completion of the alteration unless such certificate
shall have been issued.
(1)
No certificate of occupancy will be issued unless Village-approved
concrete sidewalks and curbs have been installed.
(2)
Application for a second kitchen in a one-family house.
(a)
No application or plan for the installation of a second kitchen
in a one-family house will be entertained when the applicant is the
builder.
(b)
No application may be submitted except by the owner who will
be in occupancy or possession during the period of the grant, and
occupancy shall be limited to lineal ancestors or descendants.
(c)
Each application for a second kitchen in a one-family house
will be treated as a special exception to be heard before the Board
of Trustees at a public hearing duly advertised twice in the official
newspaper of the Village, and the applicant must pay a fee in an amount
set from time to time by the Board of Trustees when making the application.
The applicant must also notify property owners within 200 feet of
the affected property.
(d)
Two sets of plans indicating room sizes and disposition of all
rooms must be furnished by the applicant. All questions on a questionnaire
to be supplied by the Village Clerk must be answered and submitted
with said plans.
(e)
Upon approval for the second kitchen, a declaration of restrictive
covenants in proper form for recording in the office of the County
Clerk of the County of Nassau, subject to the approval of the Village
Attorney, must be submitted within 30 days of the approval of any
grant from the Board of Trustees. The applicant will pay the appropriate
fee to record said declaration. The form of the covenant will be furnished
by the Department of Buildings.
C.
Existing buildings. Nothing in this section shall prevent the continuance
of the present occupancy and use of any now-existing building, except
as may be specifically prescribed by this chapter or as may be necessary
for the safety of life or property. Upon written request from the
owner, the Superintendent of Buildings may, if he so desires, demand
that said owner present a certificate of stability from a recognized
professional engineer or registered architect, certifying as to the
structural stability of the structure.
D.
Temporary occupancy. Upon request of the owner or his authorized
representative, the Superintendent of Buildings shall issue a temporary
certificate of occupancy for part of a building, provided that such
temporary occupancy or use would not in any way jeopardize life or
property.
E.
Contents of certificate. In addition to the certification, when required
by this section, as to compliance with approved plans and specifications
and provisions of this chapter, all certificates of occupancy shall
state the purposes for which the building may be used in several parts,
the maximum permissible live loads on the several floors, the number
of persons that may be accommodated in the several stories, in case
such number is limited by any provision of this chapter or the approved
specifications, and all special stipulations of the permit, if any.
F.
Issuance and filing. Certificates of occupancy shall be issued within
30 days after written application therefor, if said building at the
date of such application shall be entitled thereto. A record of all
certificates shall be kept in the Department of Buildings and copies
shall be furnished, on request, to any person having a proprietary
interest in the building affected.
A.
Authority to adopt. The Superintendent of Buildings shall have the
power to adopt such rules with respect to the materials and mode of
construction, consistent with the provisions of this chapter, as may
be necessary to secure the intent and purposes of this chapter and
a proper enforcement of its provisions. For any provisions of this
chapter referring to the rules or requiring approvals of materials
or modes of construction, such Superintendent shall adopt, when this
section becomes effective or as the necessity may arise, such rules
as are required or will establish the conditions of approval.
B.
Amendment and repeal. The Superintendent of Buildings may amend or
repeal any rule by the same procedure prescribed for the adoption
of new rules.
Whenever any materials, appliances or methods of construction
have been approved by the Superintendent of Buildings as conforming
to tests prescribed by this chapter or the New York State Building
Code, or to any rules adopted thereunder, a list of such materials,
appliances and methods of construction shall be kept on file in the
Department of Buildings, properly indexed and open to public inspection
during business hours.
A.
Any Building Inspector shall be authorized, in the performance of
his or her duties, to conduct inspections of premises, or parts of
premises, at such times and in such manner as the Building Inspector
may find convenient or necessary, with the consent of the person in
possession or occupancy.
B.
If admission is refused or cannot be obtained from the person in
possession or occupancy, the Building Inspector shall be authorized
to obtain a warrant or court order to make an inspection, provided
that reasonable or probable cause is shown.
C.
In case of an emergency, the Building Inspector may, without a warrant,
enter any premises, or parts of premises, to inspect the same, at
any time, without the permission of the person in possession or occupancy.
A.
Whenever the Superintendent of Buildings has reasonable grounds to
believe that work on any building, structure or site is being prosecuted
in violation of the provisions of the applicable building laws, ordinances
or regulations or not in conformity with the provisions of the application,
plans or specifications on the basis of which the 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-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.
B.
Penalty for failure to comply with stop-work order. Any person, owner,
or owner's agent or the person performing the work who shall
fail to comply with a stop-work order issued by the Superintendent
of Buildings shall be subject to a fine or penalty of not less than
$1,000 nor more than $5,000 for a conviction of a first offense; upon
conviction of a second violation where the offense is committed within
five years of the first conviction, a fine of not less than $2,000
nor more than $10,000; and upon conviction of a third or subsequent
violation where the offense is committed within five years of the
first and second convictions, which shall constitute a misdemeanor,
a fine of not less than $4,000 nor more than $15,000 or imprisonment
not to exceed six months, or both such fine and imprisonment. Each
day, or part thereof, such violation continues following notification
by the Village or service of a summons shall constitute a separate
offense punishable in like manner.[1]
In the event of the abandonment of any building project, it
shall be the duty of the holder of the permit or the owner of the
premises, his agent or duly authorized representative to backfill
any open excavation up the street or ground level. In case the construction
of the building or structure has proceeded beyond the cellar excavation,
all incomplete structures or openings shall be completely boarded
up in a manner satisfactory to the Superintendent of Buildings so
as to prevent access to the building structure, in order to limit
and prevent danger to persons or property and possible fire hazards
and to present a neat appearance.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Superintendent
of Buildings or an inspector designated by the Superintendent of Buildings
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.
B.
Inspections permitted. In addition to the inspections required by Subsection A, fire safety and property maintenance inspections of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Superintendent of Buildings or an inspector designated by the Superintendent of Buildings at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Superintendent of Buildings of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Superintendent of Buildings of any other information, reasonably believed by the Superintendent of Buildings 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 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.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not comply with the requirements
of the applicable building laws, local laws or regulations, the Superintendent
of Buildings may require the same to be subjected to tests at the
applicant's expense, in order to furnish proof of such compliance.
The Superintendent of Buildings shall review and investigate
complaints which allege or assert the existence of conditions or activities
that fail to comply with the Uniform Code, the Energy Code, the Village
Code, or any other local law, rule or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Superintendent of Buildings may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection.
B.
If a violation is found to exist, providing the owner of the affected
property and any other person who may be responsible for the violation
with notice of the violation and opportunity to abate, correct or
cure the violation, or otherwise proceeding in the manner described
in this code.
C.
If appropriate, issuing a stop-work order.
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting, such abatement or correction,
and filing such report with the complaint.
In accordance with § 382 of Article 18 of the Executive
Law of the State of New York:
A.
In addition to and not in limitation of any power otherwise granted
by law, every local government and its authorized agents shall have
the power to order in writing the remedying of any condition found
to exist in, on or about any building in violation of the Uniform
Fire Prevention and Building Code and to issue appearance summons
for violations of the Uniform Code, returnable in the Malverne Village
Court for resolution.[1]
B.
Any person, having been served, either personally or by registered
or certified mail, with an order to remedy any condition found to
exist in, on, or about any building in violation of the Uniform Fire
Prevention and Building Code, who shall fail to comply with such order
within the time fixed by the regulations promulgated by the Secretary
of State pursuant to Subdivision 1 of § 381 of Article 18
of the Executive Law, such time period to be stated in the order,
and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or his/her agents or any other person
taking part or assisting in the construction of any building who shall
knowingly violate any of the applicable provisions of the Uniform
Code or any lawful order of a local government, a county or the Secretary
made thereunder regarding standards for construction, maintenance,
or fire protection equipment and systems, shall be punishable by a
fine of not more than $1,000 per day of violation, or imprisonment
not exceeding one year, or both.
C.
Where the construction or use of a building is in violation of any
provision of the Uniform Code or any lawful order obtained thereunder,
a Justice of the Supreme Court at a special term in the judicial district
in which the building is located may order the removal of the building
or an abatement of the condition in violation of such provisions.
An application for such relief may be made by the Secretary of State,
an appropriate municipal officer, or any other person aggrieved by
the 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 or conduct of a business in
or about any premises, and these remedies shall be in addition to
penalties otherwise prescribed by law.
No oversight or dereliction of duty on the part of the Superintendent
of Buildings or on the part of any employee of the Building Department
shall legalize the erection, construction, alteration, removal, use
or occupancy of a building or structure that does not conform to the
applicable building or plumbing laws or regulations or that does not
conform with the provisions of an application, plans or specifications
on the basis of which a building permit or plumbing permit was issued
or that does not conform to the applicable provisions of the Malverne
Village Code.
