Village of Lake Grove, NY Article II Building Department

§ 65-3 Building Inspector: duties and powers.

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.

§ 65-4 Permits and inspections.

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]

(1) Foundation location showing setbacks of front, rear and side yards.

(2) Elevation of top of foundation and established road grade.

(3) Elevation of finished garage floor and established road grade.

(4) Approximate driveway layout.

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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 65-5 Certificates of occupancy.

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]

[1] Editor's Note: As to application for certification of occupancy, see § 65-9.

§ 65-6 Fees.

[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]

[1] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

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]

[2] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

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]

[3] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

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]

[4] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

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]

[5] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

I. In each case where a building permit is applied for and the structure has been erected or erection has been commenced prior to the application for the building permit, there shall be additional fees as set forth in the fee schedule of the Village of Lake Grove.[6]

[6] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

§ 65-7 Legalization.

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.