Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
Except as may be otherwise provided, for the purposes of this chapter, the following terms shall have the meanings respectively ascribed herein:
ALTERATION
As applied to any building or structure, any change or rearrangement in the structural parts or in the exit facilities or any enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. The term "alter" in its various modes and tenses and its participal forms refers to the making of an alteration.
APPROVED
As applied to a material, device or mode of construction, approved by the Building Inspector under the provisions of this chapter or by other authority designated by law to give approval in the matter in question.
AUTOMATIC
As applied to a fire door or other opening protective, normally held in an open position and automatically closed by a releasing device that is actuated by abnormal high temperature or by a predetermined rate of rise in temperature.
BEARING WALL
A wall which supports any vertical load in addition to its own weight.
BUSINESS BUILDING
A building occupied for the transaction of business, for the rendering of professional services, for the display, sale or storage of goods, wares or merchandise, for the supplying of food, drink or other bodily needs or comforts or for the performance of work or labor, including among others, office buildings, stores, markets, restaurants, factories, workshops and laboratories.
COMMERCIAL BUILDING
Any building used solely for commercial or industrial uses, including but not limited to office, professional or service-type transactions wherein there is no residential or mixed-use occupancy.
[Added 1-14-2013 by L.L. No. 2-2013]
DWELLING
A building occupied exclusively for residence purposes and having not more than one apartment.
FIRE PARTITION
A wall or partition which subdivides a story of a building to restrict the spread of fire or to provide an area for refuge.
FIRE WALL
A wall which subdivides a building or separates buildings to restrict the spread of fire and which starts at the foundation and extends continuously through all stories to and above the roof.
GARAGE
A building, shed or enclosure or any portion thereof in which a motor vehicle, operated by volatile inflammable oil in its fuel storage tank, is stored, housed or kept.
HABITABLE ROOM
A room occupied by one or more persons for living, eating or sleeping and includes kitchens serving apartments and individual households, but does not include bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, cellars and spaces that are not used frequently or during extended periods.
A. 
The distance measured from the mean average grade of the ground surrounding the building to the highest point of the roof, provided that chimneys, spires, elevator penthouses, tanks and similar projections shall not be included for the purpose of determining the height.
[Amended 10-18-2005 by L.L. No. 23-2005]
B. 
As applied to a wall, the vertical distance to the top measured from the foundation wall or from a girder or other immediate support of such wall.
OCCUPIED
As applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied."
OWNER
Includes the owner or his duly authorized agent or attorney, a purchaser or devisee and a person having a vested or contingent interest in the property in question.
PARTY WALL
A wall used or adopted for joint use between two buildings.
PUBLIC BUILDING
A building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including among others, courthouses, schools, colleges, churches, libraries, museums, exhibition buildings, lecture halls, theaters, bathhouses, armories and recreation piers.
PUBLIC GARAGE
A garage in which a business or industry connected directly or indirectly with motor vehicles is carried on.
RESIDENCE BUILDING
A building in which sleeping accommodations are provided, including among others, dwellings, tenements, multifamily houses, hotels, lodging houses, dormitories, convents and clubhouses.
STORAGE BUILDING
A building for the housing, except for purely display purposes, of airplanes, automobiles, carriages, railway cars or other vehicles of transportation or exclusively for the storage of goods, wares or merchandise, not excluding in any case offices incidental to such uses.
STORY
That part of any building comprised between any floor and the floor or roof next above which is intended, arranged or designed to be occupied.
All matters concerning, affecting or relating to the construction, alteration or removal of buildings or structures herein specified as public, residence, business or storage buildings erected or to be erected within the zoned areas of the Town and outside the limits of any incorporated village are presumptively provided for in this chapter. Such provisions shall apply with the same force to town, county or state buildings as they do to private buildings, except as may be otherwise specifically provided.
This chapter is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof which are health and welfare through structural strength and stability, adequate light and ventilation and safety to life and property from fire and hazards incident to the construction, alteration, repair, removal or demolition of buildings or structures.
No building or structure shall hereafter be constructed, altered, repaired or removed, nor shall the equipment of a building, structure or premises be constructed, installed, altered, repaired or removed except in conformity with the provisions of this chapter or authorized rule or approval of the Building Inspector made and issued thereunder.
The provisions of this chapter shall not be deemed to modify any provision of the laws of the state nor of any ordinance in conflict therewith, but shall be regarded as supplementing such statutes and ordinances, and whichever imposes the greater restrictions shall be controlling.
A. 
The Board of Appeals may, in a specific case, have the power to vary or modify a provision of these building standards upon written application by the owner or his agent where there are practical difficulties in the way of carrying out the strict letter of such provisions, so that the spirit shall be observed and substantial justice done.
B. 
When any such variation or modification has been granted, a written certificate therefor shall be issued by the Building Inspector.
All matters and questions relating to building or building operations necessary for safety but not covered or provided for in this chapter shall be decided by the Building Inspector, and the decision of said Inspector shall be as binding as if said matter were contained in this chapter.
Nothing in this chapter shall require changes in the plans, construction or designated use of a building, the construction of which shall have been already begun within 15 days and which shall be prosecuted with due diligence.
[Amended 4-7-1976 by L.L. No. 15-1976;[1] 12-16-1986 by L.L. No. 2-1987]
A. 
Appointment; function. The Building Inspector, as appointed by the Commissioner of Planning and Development, shall direct the Division of Building in the Department of Planning and Development and be responsible for the enforcement of this chapter.
B. 
Qualifications. He shall meet qualifications as established for the job title "Chief Building Inspector," as established by the Suffolk County Department of Civil Service or other duly authorized Civil Service Commission.
[1]
Editor's Note: Local Law No. 15-1976 created the Department of Planning and Development, in which Department the Division of Building replaced the former Building Department. For the text of this local law, see Ch. 49.
[Amended 4-7-1976 by L.L. No. 15-1976;[1] 12-16-1986 by L.L. No. 2-1986]
The Commissioner of Planning and Development may appoint such assistants and subordinates in the Division of Building in the Department of Planning and Development as may be deemed necessary for enforcing the provisions of this chapter.
[1]
Editor's Note: Local Law No. 15-1976 created the Department of Planning and Development, in which Department the Division of Building replaced the former Building Department. For the text of this local law, see Ch. 49.
[Amended 8-13-2002 by L.L. No. 20-2002]
A. 
Notices. Whenever the Building Inspector and/or Zoning Inspector is satisfied that the execution of any work for which a building permit is issued is contrary to this chapter and/or plans and application submitted for the permit, the Inspector shall serve notice or order upon the persons responsible, directing the discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions of this chapter.
B. 
Stopping work. Whenever, in the opinion of the Building Inspector and/or Zoning Inspector, by reason of defective or illegal work in violation of a provision or requirement of this chapter, the continuance of a building operation is contrary to public welfare, the Inspector may order, either orally or in writing, all further work to be stopped and may require suspension of the work until the condition in violation has been remedied.
C. 
Any person, firm or corporation violating a stop-work order issued pursuant to § 89-12 or failure or neglect to comply with any order issued pursuant thereto shall be guilty of an A misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $5,000 or imprisonment for a period not to exceed one year, or both such fine and imprisonment.
[Added 5-6-2003 by L.L. No. 5-2003]
A. 
Unless otherwise provided, any violation of any provision of this chapter, as amended and as hereafter amended, shall be punished according to and subject to the provisions of §§ 1-15 through 1-17 of this Code.
B. 
No owner, lessee or person having possession and control of a premises shall build, alter or use any building, structure or land, nor permit any building, structure or land to be built, altered or used in a manner contrary to any statement, representation, application, plan or specification submitted to and approved by the Town.
C. 
No owner, lessee or person having possession and control of a premises or any part thereof shall cause or permit any violation of this Code to exist or fail to comply with the requirements of this Code, and any architect, builder, contractor, agent, person, firm or corporation which shall have caused, permitted, or assisted in the commission of any such violation of this Code or which fails to comply with the requirements of this Code shall each be guilty of a separate and individual offense and, upon conviction thereof, shall be punished as herein provided.
[Amended 9-13-2006 by L.L. No. 27-2006]
[Added 12-18-2012 by L.L. No. 18-2012]
A. 
This section shall be applicable only to applications for building permits for the construction of commercial buildings of at least 100,000 square feet which have been filed with the Town Division of Building on or after the effective date of this amendment.
B. 
Prior to the issuance of a building permit for such commercial buildings, an applicant shall demonstrate that any general contractor, contractor or subcontractor for such project participates in an approved apprenticeship training program(s), appropriate for the type and scope of work to be performed, that has been registered with, and approved by, the New York State Department of Labor in accordance with Article 23 of the New York Labor Law.
C. 
The determination of compliance with this section shall be made and certified by the Chief Building Inspector. An aggrieved party may appeal such determination to the Supreme Court, Suffolk County, pursuant to the Civil Practice Law and Rules.