Except as may be otherwise provided, for the
purposes of this chapter, the following terms shall have the meanings
respectively ascribed herein:
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.
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.
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.
A wall which supports any vertical load in addition to its
own weight.
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.
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]
A building occupied exclusively for residence purposes and
having not more than one apartment.
A wall or partition which subdivides a story of a building
to restrict the spread of fire or to provide an area for refuge.
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.
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.
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.
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]
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.
As applied to any building, shall be construed as though
followed by the words "or intended, arranged or designed to be occupied."
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.
A wall used or adopted for joint use between two buildings.
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.
A garage in which a business or industry connected directly
or indirectly with motor vehicles is carried on.
A building in which sleeping accommodations are provided,
including among others, dwellings, tenements, multifamily houses,
hotels, lodging houses, dormitories, convents and clubhouses.
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.
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.
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.
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.
[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]
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; amended 2-27-2019 by L.L. No. 4-2019; 2-13-2020 by L.L. No. 6-2020; 6-9-2021 by L.L. No. 4-2021]
A.
CERTIFICATE OF COMPLETION
CONSTRUCTION CONTRACT
For the purpose of this section, the following terms shall have the
meanings indicated:
A certificate issued by the New York State Department of
Labor which recognizes a person's successful completion, within the
twelve-month period immediately preceding the date of the construction
contract award, of a qualified apprenticeship and the training program
registered and approved by the Commissioner of the New York State
Department of Labor in accordance with the New York Labor Law and
12 NYCRR § 600 et seq., and any amendments thereto.
Any contract with a value in excess of $250,000 to which
the Town of Babylon is a party or for work to be performed on Town
of Babylon-owned property that concerns the construction, reconstruction,
improvements, rehabilitation, maintenance, furnishing, equipping of
or otherwise providing for any building, facility or physical structure
of any kind.
B.
Prior to awarding a construction contract, each of the general contractor,
subcontractor, or applicant (as the case may be, and hereinafter the
"contractor") shall provide a list of all trades or classifications
of workers it anticipates engaging on the construction project given
the type and scope of work to be performed and documentation to show
that it has apprenticeship agreements appropriate for said type and
scope of work to be performed which have been registered with, and
approved by, the New York State Commissioner of Labor in accordance
with Article 23 of the New York Labor Law, and at least one certificate
of completion from each apprenticeship training program with which
it has an apprenticeship agreement. The contractor must also submit
then-current New York State Department of Labor-approved Form AT-401
certificates or similar certificates demonstrating that there is at
least one apprentice currently enrolled in each apprenticeship training
program for the type and scope of work to be performed on the construction
contract, and if the contractor is to be a signatory to a sponsored
apprenticeship training program, it must submit to the Town a letter
from the sponsor of the apprenticeship training program(s), verifying
the contractor's signatory status as a participating entity approved
by the Commissioner of the New York State Department of Labor to employ
New York State-registered apprentices.
C.
The determination of compliance with this section shall be made and
certified by the Commissioner of General Services. An aggrieved party
may appeal such determination in an Article 78 proceeding to the Supreme
Court, Suffolk County, filed within 30 days of filing of the determination
by the Commissioner with the Town Clerk or mailing of such determination
to the contractor, whichever is later.
D.
This section shall not apply:
(1)
Where the requirements of a construction contract that is essential
to the Town can only be fulfilled by a sole source, and such sole
source is unwilling to comply with the requirements of this section;
or
(2)
Where federal funding prohibits the Town from imposing the requirements
of this section.
[Added 10-12-2022 by L.L. No. 19-2022]
A.
Purpose. The provisions of this section are intended to promote the
safety of minor and major construction sites within the Town of Babylon.
The provisions of this section are designed to provide that workers
employed or otherwise engaged at such construction sites have received
adequate safety training, that contractors performing construction
work have essential safety training and that contractors performing
construction work have essential safety training systems to prevent
injuries and protect workers who are injured.
B.
CONTRACTOR
MAJOR CONSTRUCTION PROJECT
MINOR CONSTRUCTION PROJECT
OSHA
OSHA ONE-HUNDRED-HOUR CLASS
(1)
(2)
OSHA THIRTY-HOUR CLASS
(1)
(2)
PERMIT HOLDER
PERSON
SITE SAFETY DESIGNEE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person contracted or subcontracted to perform work covered
by this section for or on behalf of any other person.
A construction site, with an area greater than 50,000 square
feet, which involves the construction, demolition or alteration of
a structure or building.
A construction site, with an area greater than 35,000 square
feet and less than or equal to 50,000 square feet, which involves
the construction, demolition or alteration of a structure or building.
The United States Department of Labor Occupational Safety
and Health Administration.
A class or program that:
Includes 100 or more hours of training in technical subjects
relating to a construction trade, including an apprenticeship program
registered with the New York State Department of Labor; and
Is approved by OSHA, the United States Department of Labor,
the New York State Department of Education or the New York State Department
of Labor and consists of in-person training, actively proctored online
training or, if such training is conducted before the effective date
of this section, online training.
A class that includes 30 or more hours in construction industry
safety and health that is intended for workers and satisfies the following
conditions:
Such class is: i) approved by OSHA and conducted in accordance
with the OSHA outreach training program, or ii) an equivalent thirty-
or more hour construction industry safety and health class approved
by the Building Inspector.
Such class consists of in-person training, actively proctored
online training or, if such training is conducted before the effective
date of this section, online training.
The person to whom a building permit has been issued or for
whom a building permit has been applied.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
The site safety designee must have completed an OSHA one-hundred-hour
class. On a major construction project, the site safety designee shall
use reasonable prudence to ensure that safety is maintained as job
conditions dictate and shall complete any tasks required of a site
safety designee set forth in this section.
C.
Safety training required.
(1)
In addition to any other applicable provisions of this Code,
or any federal, state or county law or rule, each permit holder:
(a)
At a minor construction site, shall be responsible for ensuring
that each construction or demolition worker employed or otherwise
engaged at such site by the permit holder or any person performing
work for or on behalf of such permit holder at such site has successfully
completed and maintains a current OSHA thirty-hour class certificate.
(b)
At a major construction site, shall be responsible for ensuring that a foreman or designated employee or individual otherwise engaged at such site by the permit holder or any person performing work for or on behalf of such permit holder is designated as a site safety designee. The site safety designee shall be tasked with ensuring that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or any person performing work for or on behalf of such permit holder at the site is in compliance with § 89-13.2C(1)(a) and shall report violations of this requirement to the Building Inspector.
(2)
The applicant, permit holder or any person performing such work on behalf of the permit holder shall certify to the Building Inspector, in a form and manner established by the Building Inspector, that the requirements of § 89-13.2C(1)(a) and/or (b) have been met. No permit for construction or demolition work for which training is required pursuant to this section shall be issued or renewed until the applicant has certified that all workers who will be working under such permit will have the requisite training throughout the duration of such permit.
(3)
The applicant, permit holder or any person performing such work
on behalf of the permit holder shall certify that all New York State
and OSHA safety requirements and workers' compensation and insurance
requirements have been met.
(4)
The permit holder shall maintain at such site a daily log that identifies each such worker and that includes, for each such worker, proof of compliance with § 89-13.2C(1)(a) and (b), as applicable. Such logs shall be made available to the Building Inspector upon request and shall be submitted to the Building Inspector as a prerequisite to the issuance of a certificate of occupancy and/or certificate of completion.
D.
Penalties for violations.
(1)
Any violation of this section by a permit holder shall be an
offense punishable by a fine of not less than $1,000 nor more than
$10,000. Each worker performing work on a construction site covered
by this section without required safety training shall constitute
a separate additional offense. Each day that any violation continues
shall likewise constitute a separate additional offense.
(2)
For a second or subsequent offense committed by a permit holder
within a period of five years, such offense shall be punishable by
a fine of not less than $3,000 nor more than $20,000 or by imprisonment
for a period not to exceed 15 days, or both.
(3)
In addition, any permit issued to a permit holder who has violated
this section may be revoked by the Building Inspector after giving
the permit holder written notice and an opportunity to be heard.
(4)
The Building Inspector shall be authorized to issue stop-work orders for violations of this section pursuant to § 89-12. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person or contractor performing, taking part in or assisting in the work shall suspend all construction activities until the stop-work order has been rescinded.
