Village of Hewlett Neck, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett Neck 11-3-1980 by L.L. No. 3-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 82.
Flood damage prevention — See Ch. 157.
Subdivision of land — See Ch. 182.
Zoning — See Ch. 195.
This chapter shall be known and may be cited as, "The Building Code of the Village of Hewlett Neck."
[Amended 1-5-1998 by L.L. No. 1-1998]
The village has heretofore adopted the provisions of the New York State Uniform Fire Prevention and Building Code applicable to general building construction.
This chapter presumptively provides for all matters concerning, affecting or relating to the construction, alteration, repair, removal, demolition equipment, use occupancy, location and maintenance of buildings or structures erected or to be erected in the village, except in so far as such matters are otherwise provided for under the Village Law or in other statutes or in other ordinances of the village or in the New York State Uniform Fire Prevention and New York State Uniform Fire Prevention and Building Code and particularly as provided under Chapter 195, Zoning. The provisions of this chapter shall be complied with in addition to the provisions of such other statutes and ordinances.
This chapter is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, 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, maintenance, occupancy, 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 installed, altered, repaired or removed, except in conformity with the provisions of this chapter and in conformity with the provisions of every authorized rule, regulation and condition made and issued hereunder by the Building Inspector.
It shall be unlawful to maintain, occupy or use a building or structure, or part thereof, which has been constructed, altered or repaired in violation of the provisions of this New York State Uniform Fire Prevention and Building Code.
The provisions of this chapter apply to all buildings or structures by whomsoever owned, constructed, maintained, occupied or used and wheresoever situated, including constructions such as vaults, areas or street encroachments however placed. Such provisions shall apply with equal force to municipal, school, county or state buildings, as they do to private buildings.
A. 
Appointment.
(1) 
The office of Building Inspector is hereby created.
(2) 
The Building Inspector shall be appointed by the Board of Trustees at its annual meeting and shall continue to hold such office at the pleasure of the Board of Trustees. Any village official, other than an elected official, may hold the position of Building Inspector in addition to such other official position.
(3) 
In case of the temporary absence or disability of the Building Inspector or his or her disqualification to act in a particular matter, the Mayor may designate a substitute to act in matters that require prompt, official attention.
B. 
Qualifications. The Building Inspector shall be a person generally informed on the quality and strength of building materials, on the prevailing methods of building construction, on good practices in fire prevention, on the accepted requirements for safe exit facilities and on the proper installation of plumbing, electric wiring, elevators and other installations for the safety, comfort and convenience of occupants. He or she shall be in good health and physically capable of making the necessary examinations and inspections of buildings in the course of construction.
C. 
Duties. The Building Inspector shall receive applications required by this chapter, issue permits and furnish all prescribed certificates. He or she shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law and village laws are complied with and that the construction is prosecuted safely and in accordance with permits previously granted. He or she shall enforce all laws and regulations relating to the construction, alteration, repair, removal, demolition, equipment, location, maintenance, occupancy or use of buildings and structures, except as may be otherwise provided for. He or she shall, when requested by the Mayor or the Board of Trustees or when the interests of the village shall require, make investigations in connection with matters referred to in this chapter and render written reports on the same. He or she shall issue such notices or orders as may be necessary to enforce compliance with law, to remove illegal or unsafe conditions and file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the village office.
D. 
Right of entry. The Building Inspector, in the discharge of his or her duties, shall have authority to enter any building, structure or premises at any reasonable hour. He or she shall also have authority to take samples and to make tests and, in case any work may have been performed or covered without his or her inspection, he or she shall have the right to require the owner, architect, engineer or contractor to remove and demolish such work as may be reasonably necessary in order to permit the Building Inspector to make a proper examination and test.
[Amended 1-5-1998 by L.L. No. 1-1998]
Except as provided in § 50-14, it shall be unlawful to construct, alter, repair, remove or demolish or to commence the construction, alteration, repair, removal or demolition of a building or structure without first filing with the Building Inspector an application, in writing, and obtaining a permit therefor.
A. 
An application for a permit shall be submitted in such form as the Building Inspector may require.
B. 
Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application, that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Where the work costs more than $5,000 or the building has more than 15,000 cubic feet in volume or where the work, in the opinion of the Building Inspector, may involve the structural safety of the building, the plans shall be prepared by a registered architect or a registered engineer or under his or her supervision and shall bear his or her certificate and official seal.
C. 
Such application shall contain the full names and addresses of the applicant and of the owner and, if the owner is a corporate body, the names of its responsible officers.
D. 
Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Building Inspector for the intelligent understanding of the proposed work. It shall contain a certificate that the proposed work complies with all of the provisions of the New York State Uniform Fire Prevention and Building Code, Chapter 195, Zoning, and all other applicable statutes, ordinances, rules and regulations, any exceptions being specifically noted.
E. 
Such application shall also comply with all of the requirements of Chapter 195, Zoning.
Applications for permits shall be accompanied by such drawings of the proposed work drawn to scale, including floor plans, sections, elevations and structural details, as the Building Inspector may require.
There shall also be filed a plot plan or diagram in a form and size suitable for filing permanently with the permit records, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new constructions or, in the case of demolition, of such construction as is to be demolished and of all existing buildings and structures that are to remain.
Nothing in this chapter shall prohibit the filing of amendments to an application or to a plan or other record accompanying the same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.
Ordinary repairs to buildings or structures which do not involve structural changes and which do not affect matters of health or safety may be made without filing an application or obtaining a permit, but such repairs shall not include the cutting away of any wall or 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, and shall not include any alterations affecting the application of Chapter 195, Zoning.
Nothing in this chapter shall require changes in the plans, construction or designated use of a building or structure for which a lawful permit has been heretofore issued or which has been otherwise lawfully authorized, and the construction of which shall have been actually begun within 90 days after this chapter becomes effective and which entire building shall be completed, as authorized, within two years thereafter.
A. 
Action on application. It shall be the duty of the Building Inspector to examine the applications for permits within a reasonable time after filing and payment of the fees hereinafter provided. If after examination, he or she finds no objection to the same and it appears that the proposed work will be in compliance with the laws and regulations applicable thereto and the proposed construction or work will be safe, he or she shall approve such application and issue a permit for the proposed work as soon as practicable. If his or her examination reveals otherwise, he or she will reject such application, noting his or her findings in a report to be attached to the application and sending a copy to the applicant.
B. 
Approval in part. Nothing in this section shall be construed to prevent the Building Inspector from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for said part, and have been found to comply with this chapter.
C. 
Permit for moving a building. No permit to move a building or structure shall be granted until notice of application therefor shall have been given to the owners of land adjoining the lot or parcel to which said building or structure is to be moved and to the owners of poles, wires or other impediments, the temporary removal of which will be necessary, and an opportunity has been given said owners to be heard upon such application; nor until a bond in a sum fixed by the Building Inspector has been filed with the village to cover all damage to public property and to indemnify and save harmless the village for damages and claims for damages arising out of the work. The Building Inspector may designate the route to be covered, the hours of moving and the portion of the streets to remain unobstructed and may impose such other conditions as he or she may deem advisable. He or she is hereby authorized to deny the permit if he or she determines that the moving of the building or structure would cause excessive injury or inconvenience to the public or to the village.
D. 
Conditions of the permit. All work performed under a permit issued by the Building Inspector shall conform to the approved application and plans and approved amendments thereof. The location of all new construction as shown on the approved plat diagram or an approved amendment thereof shall be strictly adhered to. The work shall comply with all the requirements of this chapter and of Chapter 195, Zoning.
E. 
Signature to permit. Every permit issued under the provisions of this chapter shall be signed by the Building Inspector.
F. 
Additional requirements. Notwithstanding any other provision of this chapter, the Building Inspector shall not issue or approve any building permit which is subject to the provisions of Chapter 65 of this Code, unless and until the provisions of that chapter have been complied with or the time in which the Design Review Board or the Board of Trustees may make any determination as provided in that chapter, or to determine any appeal thereunder, has expired.
[Added 9-7-1999 by L.L. No. 6-1999]
[Added 3-7-2011 by L.L. No. 2-2011]
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and as not interfering with, abrogating or annulling any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction or limitation upon the use of buildings, premises or lots or upon the height and size of buildings or requires larger yards or other open spaces than are imposed or required by existing provisions of law or ordinances or by easements, covenants or agreements, the provisions of this chapter shall control.
[Added 3-7-2011 by L.L. No. 2-2011]
A. 
Before the construction or alteration of any building or any part of a building is commenced, the person causing such construction or alteration to be done or his agent or the architect or builder employed in connection with the proposed construction or alteration shall file in the office of the Village Clerk, addressed to the Board of Trustees of the Village, an application for a permit to construct or alter. Such application shall contain a statement of the full name and residence of each of the persons having an interest as owner, tenant or otherwise and of the use to which the building is to be put and such other information as the Board of Trustees may require. Said application shall be in duplicate and shall be sworn to before a notary public or commissioner of deeds and shall be accompanied by such plans and drawings and such a diagram of the lot, showing the exact location of the existing and proposed buildings, as will enable the Building Inspector to determine whether the proposed construction or alteration and use conform with the provisions of this chapter.
B. 
Any person or his or her agent may file preliminary plans of a proposed building or structure prior to the filing of detailed plans therefor, and such plans may be tentatively approved subject to the submission and filing of the complete plans, drawings, diagram and other data herein provided for.
C. 
All applications, statements, plans and detailed drawings required by this chapter shall be presented to and kept on file in the office of the Village Clerk. 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 by the Building Inspector, shall be made part of the application and filed as such. Such amendments shall be made in the same form and manner as the original application and shall be accompanied by similar plans and drawings relative to the changes proposed. Nothing herein contained shall require the owner, lessee or occupant of any dwelling to make any application to the Board of Trustees for a permit to make ordinary repairs to buildings or structures.
D. 
No person shall make any such construction or alteration without having first filed with the Board of Trustees a statement, in writing, accompanying the application to build or alter, which statement shall give the full name and residence of the owner of the land, building or proposed structure and shall recite that he or she is duly authorized to perform said work.
[Added 3-7-2011 by L.L. No. 2-2011]
A. 
All applications for a building permit shall be examined by the Building Inspector. He or she shall endorse thereon, or state in an accompanying memorandum, whether or not the application complies with the requirements of this chapter, the Building Code and other applicable ordinances or statutes.
B. 
The Building Inspector may also require the submission of such additional plans, information, soil or foundation tests and data as he or she may deem necessary in enabling him or her to act upon the application. All such material shall be filed with and deemed part of the application.
C. 
In the case of an apartment house, a church or place of worship, a school, a place of public assembly or other construction involving special problems or special consideration, the Board of Trustees may retain a special architect or engineer.
D. 
If the Building Inspector determines that the application does not comply with the applicable requirements, he or she shall enumerate his or her objections and send a copy to the applicant.
E. 
When the Building Inspector has determined that the application complies with all of the applicable requirements, he or she shall approve the application and note his approval in the file. Such approval may cover the entire building or structure, or may be limited to a portion thereof.
F. 
Every such approval shall, before a building permit is issued, be subject to review by the Board of Trustees, if the Board so desires, and, if the Board's determination differs from that of the Building Inspector, the approval of the Building Inspector shall be vacated and the matter remitted to the Building Inspector for such action as the Board may direct.
[Added 3-7-2011 by L.L. No. 2-2011]
A. 
When the application has been approved by the Building Inspector, or in case of a review by the Board of Trustees, when the application has been reviewed by the Board of Trustees, a building permit shall be issued for the construction or work so approved.
B. 
Every building permit shall be issued by the Board of Trustees. The Board may, however, in particular cases or in particular classes of cases or generally, empower the Building Inspector or such other officer as the Board may designate to issue building permits in its name and on its behalf.
C. 
Where the permit covers only part of a building or structure, the issuance of such permit and the approval upon which such permit was based shall not prevent the Board of Trustees from refusing to approve the remainder of the building or structure, or any part thereof, when the plans and other data covering such remainder has been submitted.
[Added 3-7-2011 by L.L. No. 2-2011]
The Building Inspector may, and ordinarily will, require a placement survey after the foundation has been installed and, in such case, may require that the work be suspended until such placement survey has been finished. The Building Inspector may also require such additional surveys or additional plans, information, soil or foundation tests and data during the progress of the work as he or she may deem necessary or helpful in order to determine compliance with the applicable requirements.
[Amended 1-5-1998 by L.L. No. 1-1998; 11-1-2010 by L.L. No. 4-2010; 1-9-2017 by L.L. No. 1-2017]
A. 
A building permit shall be effective to authorize the commencement of work in accordance with the application, plans and specifications upon which it is based for a period of 12 months after the date of its issuance.
B. 
The permittee shall notify the Building Inspector, in writing, of the date when the authorized work has been commenced.
C. 
For good cause shown, the Building Inspector may grant two one-year extensions of a permit, provided that any application for an extension shall have been made before the expiration date of the original permit. The first extension request shall be accompanied by a payment equal to 50% of the original building permit application fee. The second extension request shall be accompanied by a payment equal to 100% of the original building permit fee. After three years from the date of the original permit, there shall be no extensions granted and the permit shall be deemed null and void.
D. 
If after the expiration of the original permit and two extensions a certificate of occupancy or certificate of completion has not been obtained, no further extensions shall be granted; instead, a new permit shall be required, which fee shall be double the amount of the original permit.
E. 
Continued work, use or occupancy of any part of a building or structure that is the subject of an expired building permit is prohibited.
A copy of the permit shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of the same. The Building Inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.
No permit issued under this chapter shall be assignable or transferable.
A. 
Suspension. The Building Inspector may suspend a permit or approval issued under the provisions of this chapter in case he or she shall be satisfied that there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based or that any of the work has been or is about to be performed or materials furnished which do not comply with this chapter or with them terms of the permit, or that in any respect the provisions of this chapter or of Chapter 195, Zoning, have been violated or have not been complied with.
B. 
Procedure upon suspension; revocation. The Building Inspector shall report the matter to the Board of Trustees at its next regular meeting, and the holder of the permit so suspended shall have the opportunity to appear before the Board of Trustees at said meeting or at some other time fixed by the Board. The Board of Trustees may thereupon continue the suspension of such permit or approval until the holder has complied with all matters giving rise to such suspension, or, in its discretion, the Board of Trustees may revoke the permit.
[Amended 11-1-2010 by L.L. No. 4-2010]
Upon filing an application for a permit under this chapter, there shall be paid to the Village the applicable fee set forth in Chapter 82 of this Code.
A. 
New buildings. No building or structure hereafter constructed shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued by the Building Inspector certifying that such building or structure conforms to the provisions of this chapter.
B. 
Buildings hereafter altered. No building or structure hereafter enlarged or extended or so altered, wholly or in part, as to change its classification, and no building hereafter altered for which a certificate of occupancy has not been heretofore issued, shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued by the Building Inspector certifying that the work for which the permit was issued has been completed in accordance with the provisions of this chapter, provided that if the occupancy or use of such building was not discontinued during the work of alteration, the occupancy or use of the building shall not continue for more than 30 days after completion of the alterations unless such certificate shall have been issued.
C. 
Contents of certificate. In addition to the certification as to compliance with the provisions of this chapter, such certificate may, if warranted by the facts, also contain the matters required for a certificate of occupancy under Chapter 195, Zoning, and in such case, the certificate of occupancy shall constitute the certificate of occupancy required both by this chapter and by Chapter 195, Zoning.
D. 
Issuance and filing. A certificate of occupancy shall be issued within five days after written application therefor, if the building at the time of such application shall be entitled thereto. Copies of a certificate of occupancy shall be furnished, on request, to persons having a proprietary interest in the building.
E. 
Change of occupancy. No change of occupancy or use shall be made in a building hereafter constructed or altered that is not consistent with the last issued certificate of occupancy for such building, unless a permit is secured.
F. 
Application for certificate of occupancy. Application for a certificate of occupancy shall be made to the Building Inspector. In the case of a multiple dwelling, a business structure or an industrial structure and in any other case where the plans accompanying the application for a building permit are required to be made or authenticated by a licensed architect or a licensed professional engineer, the application for a certificate of occupancy shall be accompanied by the affidavit of a licensed architect or licensed professional engineer who supervised the construction work or by the affidavit of a superintendent of construction who supervised the construction work and who has had at least 10 years' experience in supervising building construction work, which affidavit shall be to the effect that deponent has examined the approved plans of the structure for which the certificate of occupancy is sought, and that to the best of his or her knowledge and belief the structure has been erected or altered in accordance with the approved plans, and as erected or altered, complies with the statutes, ordinances, rules and regulations governing building construction or use, except in so far as variances therefrom have been legally authorized, such variances to be specified in the affidavit.
A. 
For completed buildings. In the case of a building or structure completed prior to the adoption of this chapter, the Building Inspector shall, if so requested by the holder of a permit, and if the facts warrant, issue a certificate to the effect that the building structure has been completed in conformity with the provisions of this chapter and indicating the use or uses to which such structure may thereafter be put and to what extent.
B. 
For installations. When a certificate is specifically required by a provision of this chapter for an installation, alteration, repair or removal of an elevator or elevator equipment, plumbing, gas piping, electric wiring, heating system or other installation, it shall be unlawful to use or permit the use thereof until the appropriate certificate has been issued.[1]
[1]
Editor's Note: Former Section 3.108, Unsafe Buildings, which immediately followed this section, was deleted 1-5-1998 by L.L. No. 1-1998. See now Ch. 54, Unsafe Buildings.
[Added 11-1-2010 by L.L. No. 4-2010]
A. 
In the event that construction either is commenced prior to the issuance of a building permit or in excess or otherwise in violation of the work authorized pursuant to a validly issued building permit, the fee for any new or amended building permit issued thereafter shall be an amount equal to two times the permit fee that would have been payable had the permit for all work involved been properly applied for prior to any construction under the original permit.
B. 
Alterations to any plans filed with and approved by the Building Inspector upon which a building permit or amendment thereto is issued shall be submitted in a form prescribed by the Building Inspector and subject to the procedure set forth herein for the approval of original building plans.
[Added 11-1-2010 by L.L. No. 4-2010]
A. 
The applicant for a building permit may apply to the Board of Trustees for a withdrawal of the application for or cancellation of a building permit, as the case may be, and a refund of the building permit fee and certificate of occupancy or certificate of completion fee. The Board of Trustees, in its discretion, may grant said application provided that said application is made within 12 months of the date of the issuance of the permit or within 12 months of the date of the application for said permit, as the case may be, and may order a refund of:
(1) 
Not more than half of the building permit fee paid, provided that the actual cost to the Village shall not exceed half of the fee paid, whereupon a refund may only be granted for the difference between the amount of fee paid and the actual cost to the Village.
(2) 
Any fee paid in connection with a certificate of occupancy or a certificate of completion.
B. 
In the event that an architect or engineer shall, for any reason, discontinue his inspection of the construction of the structure at any time prior to completion, the property owner shall immediately notify the Building Inspector of such fact, and thereupon the building permit issued for such construction shall be suspended and no further work shall be done thereunder until an affidavit is filed by the property owner with the Village Clerk certifying that inspection of the construction has been resumed by another or the same architect or engineer. Any permit which is suspended for more than six months shall be automatically revoked and deemed null and void.
C. 
In the event of the abandonment of any building project, it shall be the duty of the permittee and the owner of the premises to secure the structure and property in a manner which limits and prevents danger to persons or property and eliminates any potential fire hazards. If the abandoned project results in an open excavation or foundation on the premises, the open excavation or foundation shall, at a minimum, be backfilled up to the street or ground level. If the abandoned project results in a structure on the premises that is fully or partially framed, said structure shall, at a minimum, be sheathed or otherwise fully enclosed to prevent unauthorized access to the structure.
A. 
Whenever the Building Inspector is satisfied that a building or structure or any work in connection therewith, the construction, alteration, repair, demolition or use of which is regulated, permitted or forbidden by this chapter, is being constructed, altered, repaired, demolished or used in violation of the provisions or requirements of this chapter or in violation of a detailed statement or plan submitted and approved hereunder or of a permit of certificate issued hereunder, he or she may serve a written notice or order upon the person responsible therefor directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this chapter.
B. 
In case such notice or order is not promptly complied with, the Building Inspector shall request the Village Attorney to institute an appropriate action or proceeding at law or in equity, to restrain, correct or remove such violation or the execution of work thereon or to restrain or correct the construction, alteration, repair or use of or to require the removal of or to prevent the occupation or use of the building or structure constructed, altered, repaired or used in violation of or not in compliance with the provisions of this chapter or with respect to which the requirements thereof or of any order or direction made pursuant to provisions contained therein, shall not have been complied with.
Whenever, in the opinion of the Building 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, he or she may order, either orally or in writing, all further work to be stopped and may require suspension of work until the condition in violation has been remedied.
[Added 1-5-1998 by L.L. No. 1-1998]
In addition to any other action maintained against any person, firm or corporation in violation of this chapter, the violator shall be guilty of a Class A misdemeanor and shall be subject, upon conviction, to a penalty of not more than $1,000 or to imprisonment for not more than one year, or both such fine and imprisonment. Each day such violation continues shall constitute a separate and distinct offense.