A.
The administration of the code shall rest with the Building
Department of the Village of Lake Grove. The Department shall be charged with
the enforcement of the code relating to the erection, repairing, remodeling,
altering, moving and inspections of buildings.
B.
The Building Inspector or other authorized agent appointed
by the Village Board shall be a person perfectly conversant with plans and
specifications of buildings and structures and must have had, prior to his
appointment, at least 10 years' actual experience as an architect, engineer
or master builder or such other person found by the Village Board to have
sufficient experience.
C.
The Building Inspector and any of the authorized employees
of the Building Department shall have the powers conferred upon them by the
Village Law, and the Building Inspector shall be responsible to the Village
Board.
D.
The Building Inspector or other authorized agent may
order the suspension of any work and prohibit the use of any materials or
machinery in violation of the code, as he may deem necessary to determine
the safety of any building material or machinery. No person shall continue
the erection of any building or structure or the use of any materials or machinery
in or about the location of any work after being forbidden to do so by the
Building Inspector or other authorized agent in a written order signed by
the Building Inspector or his authorized agent.
E.
In addition to the duties prescribed by law, it shall
be the duty of the Building Inspector to receive all applications for permits
to repair, remove, alter or erect any buildings or structures; to inspect
plans, specifications and descriptions submitted to him; to grant permits;
enforce the building laws; and perform such other duties as may be prescribed
by the Village Board from time to time.
A.
No building permit for a new dwelling shall be issued
until an approval has been issued by the Suffolk County Department of Health.
No member of a structural wall, structure, building or part thereof shall
hereafter be built, enlarged or altered until a plan of the proposed work,
together with a statement of the materials to be used, shall have been submitted
in duplicate to the Building Inspector or other authorized agent, who shall,
if in accordance with the provisions herein contained, issue a permit for
the proposed construction. A foundation survey by a registered professional
engineer or land surveyor shall be required to be approved by the Building
Inspector before any framing is started. This survey shall be made after the
footings and foundation walls are completed and shall show the following:
[Amended 11-3-1988 by L.L. No. 8-1988]
B.
Structures hereafter erected without a permit or not
in conformity with this chapter shall be removed or made to conform to the
code.
C.
No building shall be moved until a permit has been obtained
from the Building Inspector or other designated official; and such official
shall not issue a permit if in his judgment the proposed new location of the
building would seriously increase the fire hazard of the surrounding buildings.
D.
The Building Official or his authorized agent shall,
as often as practical, inspect all buildings or structures during the construction
for which a permit has been issued to see that the provisions of the law are
complied with and that construction is prosecuted safely. Whenever, in his
opinion, by reason of defective or illegal work in violation of a provision
of the code, the continuance of a building operation is contrary to public
welfare, he may order all further work to be stopped and may require suspension
of work until the condition in violation has been remedied.
E.
Copies of plans and specifications and a plot plan showing
the location of the proposed building shall, when required by the Building
Department, accompany every application for a permit and shall be filed in
duplicate.
F.
Plans shall be drawn to scale upon substantial paper
or cloth and the essential parts shall be drawn to a scale of not less than
1/8 inch to one foot.
G.
All plans and specifications shall be of sufficient clarity
to indicate the nature and character of the work proposed and show that the
code will be complied with throughout. Computations, strains sheets, stress
diagrams and other data necessary to show the correctness of the plan shall
accompany same when required by the Building Inspector.
H.
All plans and specifications shall bear the name and
address of the architect, engineer or designer.
I.
Demolition permits shall be applied for the same as building
permits but with no plans needed. However, specifications and diagrams showing
methods to be used for needling or shoring adjacent buildings and the protection
of adjacent properties may be required by the Building Inspector.
J.
No plans or specifications, when once approved by the
Building Inspector or other authorized agent, shall in any way be changed
or altered without the written consent of the Building Inspector or his authorized
agent.
K.
The permit holder or his agent shall keep the permit
posted in a conspicuous place on the work and shall keep the same posted until
the completion of the work.
L.
All building permits are good and considered in effect for one year from date of issuance. Building permits may be renewed for two consecutive one-year periods. Building permits may be renewed for one consecutive six-month period. If work remains to be completed at the end of the total eighteen-month period previously described herein, a second building permit must be obtained and plans for the proposed remaining work must be submitted to the Building Inspector in accordance with §§ 65-6 and 65-9 of this chapter.[1]
M.
No building permit or permit for the erection, repair,
remodeling, altering and moving of a structure, building or a substantial
portion of a structure or building shall be issued or be effective in the
event that such building or structure has previously been condemned for use
as a dwelling or as a house for human occupancy or any structure originally
erected for emergency housing purposes or as temporary quarters for armed
forces or for business or manufacturing purposes or as an accessory use incidental
to the above uses by a municipal body, bureau, department or public administrative
officer, which violations and condemnations or any portions thereof have not
been rescinded.
N.
No building permit shall be issued or effective for the
repairing, remodeling, altering or moving of any structure or building or
substantial portion of a structure or building in the Village of Lake Grove
until the applicant presents to the Building Inspector of the village certificates
or adequate proofs, in writing, issued by the Building Inspector or Building
Department or officer having charge of building inspection and building enforcement
law and enforcement of a fire prevention law and rules and regulations and
any other departmental control authorities, relating to building maintenance
and construction, that such structure for which a permit is sought has no
building violations, no Fire Department violations and no tenement building
violations and that such property has not been condemned in any respect for
the use for which it is to be used.
O.
No building permit for any reason whatsoever shall be
issued unless all village taxes for said premises which are a lien on all
village assessments which have been assessed against the real property for
which a building permit is requested are first paid in full together with
all interest and other charges.
[Added 5-16-1996 by L.L. No. 4-1996]
P.
No building permit for any reason whatsoever shall be
issued for a property unless all outstanding charges pending in court issued
in connection with the property are resolved. Resolution of a charge shall
mean a dismissal of the charge; or payment of fine(s) determined after a guilty
plea or guilty verdict; and/or compliance with terms of a conditional discharge
rendered after a guilty plea or guilty verdict.[2]
No building or part of a building shall be occupied until a certificate
of occupancy has been issued by the Building Inspector or other authorized
agent.[1]
[Amended 6-15-1995 by L.L. No. 2-1995]
A.
No permit shall be issued until the fee prescribed in
this section shall have been paid. No amendment to a permit issued due to
an increase or decrease in construction cost or any other change in nature
of proposed work shall be permitted, and any such permits shall expire one
year from date of issuance or upon the issuance date of a new permit that
has indicated compliance with all applicable laws. The minimum fee for any
building permit, whether the same shall be for installation of a plumbing
system or for a heating system, or any other building permit which is necessary
or required under the provisions of the code shall be as set forth in the
fee schedule of the Village of Lake Grove.[1]
B.
For each building permit where the construction costs
shall exceed $1,000, an additional fee as set by resolution of the Board of
Trustees, in addition to the original charge, shall be paid, which charge
shall be computed up to a total of $50,000 of building costs, and for each
building permit where the construction costs shall exceed $50,000, an additional
fee as set by resolution of the Board of Trustees per $1,000 or fraction thereof
shall be paid.[2]
C.
Fees shall be based upon the square foot basis of the
proposed building, upon the use to which said building is to be put and upon
the costs thereof as hereafter set forth. Various types of buildings, classified
according to the Codes, Rules and Regulations of the State of New York, shall
be valued as set forth in the fee schedule of the Village of Lake Grove.[3]
[Amended 8-21-1997 by L.L. No. 4-1997]
D.
The method of estimating the cost of the proposed new
or relocated building shall be based on floor area, not including garage area.
The rate charge for the garage area shall be half as much as the cost of the
floor area.
[Amended 8-21-1997 by L.L. No. 4-1997]
E.
Plumbing, heating, standpipe, sprinkler, elevator and
electrical work, etc., are all included in the terms "construction or alteration
work." When filed with complete construction plans, all such work is included
under one fee. When not included, the fee shall be based on the estimated
cost of installation. Fees to be paid for other Building Department permits
are as set forth in the fee schedule of the Village of Lake Grove.[4]
[Amended 8-21-1997 by L.L. No. 4-1997]
F.
The renewal permit fee shall be 50% of the original fee
after the first and second year of the permit. The fee for a second permit
issued shall be computed by the same formula as the first permit, plus an
additional 10%.
G.
No fee shall be charged to bona fide religious, charitable,
educational and governmental organizations and agencies, including fire districts,
lighting districts, water districts and any other special districts authorized
by laws of the State of New York.
H.
For each building permit issued, other than single-family
residential occupancy, an additional fee as set forth in the fee schedule
of the Village of Lake Grove will be charged for the fire prevention permit.[5]
A.
The delinquency, oversight or dereliction of duty on
the part of the Building Inspector or other authorized agent shall not legalize
the erection, construction, alteration, removal, use or occupancy of any building
or structure that does not conform to the provisions of this code or the state
code.
B.
Liability for damages. The code shall not be construed
to relieve from or lessen the responsibility of any party owning, operating,
renting, leasing or using any building or structure or erecting, altering,
removing or demolishing any building or structure for damages to person or
persons or property caused by a defect or mismanagement therein, nor shall
the Village of Lake Grove be held as assuming any such liability by reason
of the inspection authorized herein or certificate or permit or approval issued
or endorsed as herein provided.