[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
[Amended 2-7-1995 by L.L. No. 5-1995,
effective 2-13-1995; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014; 9-29-2016 by L.L. No. 22-2016, effective 10-11-2016; 12-20-2018 by L.L. No. 31-2018, effective 12-27-2018; 12-15-2022 by L.L. No. 15-2022, effective 12-30-2022]
A.
This chapter provides for the administration and enforcement of the
New York State Uniform Fire Prevention and Building Code (the Uniform
Code) and the State Energy Conservation Construction Code (the Energy
Code) in the Town of Brookhaven. Except as otherwise provided in the
Uniform Code, the Energy Code, other state law, or other section of
this chapter, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this chapter.
B.
BUILDING DIVISION PERSONNEL
BUILDING PERMIT
CERTIFICATE OF COMPLIANCE
CERTIFICATE OF OCCUPANCY
CHIEF BUILDING INSPECTOR
CODE ENFORCEMENT PERSONNEL
CODES
ENERGY CODE
INSPECTOR
ORDER TO REMEDY
PERMIT HOLDER
PERSON
PMCNYS
RCNYS
REPAIR
STOP-WORK ORDER
TEMPORARY CERTIFICATE OF OCCUPANCY
TOWN
UNIFORM CODE
Definitions.
Shall include the Chief Building Inspector and all inspectors.
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
A document issued by the Town stating that work was done
in compliance with approved construction documents and the Codes.
A document issued by the Town certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Town and
indicating that the building or structure, or portion thereof, is
in a condition suitable for occupancy.
Shall include the Chief Building Inspector, Principal Building
Inspector, Senior Building Inspector, Building/Zoning Inspector, Building
Inspector, Zoning Inspector, Building Permits Coordinator, Electrical
or Plumbing Inspector, Town Investigator or Ordinance Inspector of
the Town of Brookhaven and other law enforcement officers that possess
basic training, in-service training, advanced in-service training,
and other training as the State of New York shall require for code
enforcement personnel, and each inspector shall obtain certification
from the Department of State pursuant to the Executive Law and the
regulations promulgated thereunder.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The person to whom a building permit has been issued.
Shall include 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 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 16-9 of this chapter.
The Town of Brookhaven.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
[Amended 3-1-2005 by L.L. No. 7-2005,
effective 3-4-2005; 7-25-2006 by L.L. No. 15-2006, effective 7-31-2006; 12-4-2007 by L.L. No. 26-2007, effective 12-10-2007; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014; 12-15-2022 by L.L. No. 15-2022, effective 12-30-2022]
A.
The Division of Building shall be responsible for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code and all other applicable laws, ordinances, rules and
regulations relating to the use, occupancy and/or construction of
real property or buildings or structures located thereon, and such
other matters as may from time to time be referred to such Division.
Such general powers and duties shall be administered under the general
supervision of the Commissioner of Planning, Environment and Land
Management.
B.
The Office of Chief Building Inspector is hereby created. The Chief
Building Inspector shall administer and enforce all the provisions
of the Uniform Code, the Energy Code, and this chapter. The Chief
Building Inspector shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, and
temporary certificates of occupancy, and the plans, specifications,
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, and temporary certificates
of occupancy, and to include terms and conditions as the Code Enforcement
Officer may determine to be appropriate in building permits, certificates
of occupancy, certificates of compliance, and temporary certificates
of occupancy;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
and temporary certificates of occupancy; fire safety and property
maintenance inspections; inspections incidental to the investigation
of complaints; and all other inspections required or permitted under
any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code, and this chapter, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code, or this chapter;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Chief Building Inspector by this chapter.
C.
The Chief Building Inspector shall be appointed by the Commissioner
of Planning, Environment and Land Management. The Chief Building Inspector
shall possess background experience related to building construction
or fire prevention and shall, within the time prescribed by law, obtain
such basic training, in-service training, advanced in-service training,
and other training as the State of New York shall require for code
enforcement personnel, and the Chief Building Inspector shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder, and possess the minimum
experience and qualifications as established by the Suffolk County
Department of Civil Service for the position of "Chief Building Inspector."
(1)
In the event that the Chief Building Inspector is unable to serve
as such for any reason, another individual shall be appointed by appointed
by the Commissioner of Planning, Environment and Land Management to
serve as Acting Chief Building Inspector. The Chief Building Inspector
shall, during the term of their appointment, exercise all powers and
fulfill all duties conferred upon the Chief Building Inspector by
this chapter.
(2)
One or more inspectors may be appointed by the Commissioner of Planning,
Environment and Land Management to act under the supervision and direction
of the Chief Building Inspector and to assist the Chief Building Inspector
in the exercise of the powers and fulfillment of the duties conferred
upon the Chief Building Inspector by this chapter. Each inspector
shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training, and other training
as the State of New York shall require for code enforcement personnel,
and each inspector shall obtain certification from the Department
of State pursuant to the Executive Law and the regulations promulgated
thereunder.
D.
Revocation or suspension of building permits. If the Chief Building
Inspector determines that a building permit was issued in error because
of incorrect, inaccurate, or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Chief Building Inspector shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that:
[Amended 2-7-1995 by L.L. No. 5-1995, effective 2-13-1995; 6-1-1999 by L.L. No. 6-1999, effective 6-8-1999; 7-25-2006 by L.L. No.
15-2006, effective 7-31-2006; 12-4-2007 by L.L. No. 26-2007, effective 12-10-2007; 5-12-2009 by L.L. No. 12-2009, effective 5-22-2009; 12-8-2009 by L.L. No. 12-15-2009; 8-17-2010 by L.L. No. 12-2010, effective 8-25-2010; 12-21-2010 by L.L. No. 3-2011, effective 1-24-2011; 6-4-2013 by L.L. No.
29-2013, effective 6-17-2013; 1-7-2014 by L.L. No.
1-2014, effective 1-9-2014; 8-27-2015 by L.L. No. 17-2015, effective 9-4-2015; 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018; 12-20-2018 by L.L. No. 28-2018, effective 12-27-2018; 11-18-2021 by L.L. No.
21-2021, effective 11-30-2021; 12-15-2022 by L.L. No. 15-2022, effective 12-30-2022]
A.
Building permits required. Except as otherwise provided in this section,
a building permit shall be required for any work which must conform
to the Uniform Code and/or the Energy Code, including, but not limited
to, the construction, enlargement, alteration, improvement, removal,
relocation, or demolition of any building or structure or any portion
thereof, and the installation of a solid-fuel-burning heating appliance,
chimney, or flue in any dwelling unit. No person shall commence any
work for which a building permit is required without first having
obtained a building permit from the Town. Exemptions: No building
permit shall be required for work in any of the following categories:
(1)
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet and the structure is situated in a conforming location pursuant to Chapter 85;
(2)
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings, provided that the awning is situated in a conforming location pursuant to Chapter 85;
(3)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(4)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
B.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection A of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code or any chapter of the Brookhaven Town Code.
C.
Applications for building permits. Application for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Chief Building Inspector. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Chief Building Inspector deems sufficient to permit
a determination by the Chief Building Inspector that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code.
(1)
The application shall include or be accompanied by the following
information and documentation:
(a)
A description of the location, nature, extent, and scope of
the proposed work;
(b)
The Tax Map number and the street address of any affected building
or structure;
(c)
The occupancy classification of any affected building or structure;
(d)
Where applicable, a statement of special inspections prepared
in accordance with the provisions of the Uniform Code; and
(e)
At least two sets of construction documents and at least one
digital set of construction documents (drawings and/or specifications)
which:
[1]
Describe the location, nature, extent, and scope of the proposed
work;
[2]
Show that the proposed work will conform to the applicable provisions
of the Codes;
[3]
Show the location, construction, size, and character of all
portions of the means of egress;
[4]
Show a representation of the building thermal envelope;
[5]
Show structural information, including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
[6]
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
[7]
Include a written statement indicating compliance with the Energy
Code;
[8]
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
[9]
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
(2)
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection C(1)(e) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Chief Building Inspector in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Chief Building Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the personnel of the Building Division. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
D.
(1)
The Chief Building Inspector or any Building and Zoning Inspector
or any Building Inspector 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.
(2)
Permitted work shall be required to remain accessible and exposed
until inspected and accepted by the government or agency enforcing
the Uniform Code. Permit holders shall be required to notify the government
or agency when construction work is ready for inspection.
(3)
After inspection, the work or a portion thereof shall be noted as
satisfactory as completed, or the permit holder shall be notified
as to when the work fails to comply with the Uniform Code. Construction
work not in compliance with code provisions shall be required to remain
exposed until it has been brought into compliance with the code, been
reinspected, and has been found satisfactory as completed.
E.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Chief Building Inspector shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
F.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been complete.
G.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Chief Building Inspector of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Chief Building Inspector determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
H.
Time limits. Building permits shall expire 12 months after the date of issuance, except in the sole discretion of the Chief Building Inspector, who may authorize the issuance of a permit for no more than 24 months. Upon an application being submitted within one month from the date of the expiration of an original building permit, the Chief Building Inspector may grant one extension of said expired building permit for a period not to exceed three months. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee pursuant to § 16-7 (Fees) of this chapter. The applicant shall render a payment fee of the greater amount of 1/3 of the current building permit fee as established by Town Board resolution or the minimum fee as established by Town Board resolution and approval of the application by the Chief Building Inspector.
(1)
Permit renewals.
(a)
First renewal. A permit may be renewed for a single one-year
period upon submission of the required documents and payment of the
application fee(s) as established by Town Board resolution.
(b)
Second renewal. A permit may be renewed a second time for a
single one-year period upon submission of the required documents and
payment of the fees as established by Town Board resolution. In the
event the permit grants permission for exterior work and said work
has begun and is not completed, a fee in the amount equal to double
the application fee(s) as established by Town Board resolution shall
be submitted for said exterior work. The Chief Building Inspector
or designee may perform an inspection prior to the second renewal
of a permit.
(c)
Third and successive renewals. A permit may be renewed a third
time for a single one-year period upon submission of the required
documents and payment of the fees as established by Town Board resolution.
In the event the permit grants permission for exterior work and said
work has begun and is not completed, a fee in the amount equal to
triple the application fee(s) as established by Town Board resolution
shall be submitted for said exterior work. The Chief Building Inspector
or designee may perform an inspection prior to the second renewal
of a permit.
I.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 16-7 (Fees) of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
J.
Demolition permits shall be applied for in the same manner as building
permits, but no plans shall be needed. Any such permit shall expire
90 days from the date of issuance. However, specifications and diagrams
showing methods to be used for needling or shoring adjacent buildings
may be required by the Chief Building Inspector.
K.
If demolition occurs within an historic district or historic district
transition area or regarding a structure designated as an historic
landmark, then HDAC review shall be required.
L.
No permit for the erection, repair, remodeling, altering or moving of a structure, building or portion thereof shall be issued if such building or structure has previously been condemned or has violations of this chapter, Chapter 16A, Chapter 30 or Chapter 85, unless it has been determined by the Chief Building Inspector or his authorized designee that such condemnation has been rescinded or such violations have been corrected. No permit shall be issued if prior approval of another governmental agency is required unless the applicant has demonstrated said approvals have been obtained and remain valid.
M.
The provisions of this section shall not apply to any structures
or buildings within the Town of Brookhaven for which building permits
and certificates of occupancy have been duly issued or to any building
or structure built prior to January 1, 1945, for which a building
permit and certificate of occupancy could lawfully be issued.
N.
To ensure compliance with the code, the Chief Building Inspector,
during the course of construction, may request certification from
a testing laboratory, including but not limited to soil compaction,
reinforcing bars, slump and cylinder, welding and materials.[1]
[1]
Editor's Note: Former § 16-3.2, Solar-ready
roofs, added 2-25-2016 by L.L. No. 2-2016, effective 3-17-2016, which
immediately followed this section, was repealed 9-29-2016 by L.L.
No. 22-2016, effective 10-11-2016.
[Added 4-28-2009 by L.L. No. 8-2009,
effective 5-7-2009; amended 7-2-2013 by L.L. No. 34-2013, effective 7-15-2013; 1-7-2014 by L.L. No. 1-2014,
effective 1-9-2014; 12-15-2022 by L.L. No. 15-2022, effective 12-30-2022]
A.
This section
shall be applicable only to applications for foundation permits and
building permits for the construction of a building located in commercial
and industrial zoning districts where the square footage of the footprint
is 100,000 square feet or greater, which have been filed with the
Town Division of Building on or after the effective date of this amendment.
(1)
For
purposes of this section, the square footage of the footprint shall
be defined and measured as that area between exterior faces of walls.
(2)
This
section shall be applicable to an addition to an existing building
located in commercial and industrial zoning districts when such addition
is 100,000 square feet or greater. The square footage of the existing
building shall not be included in the square footage of such addition,
provided the existing building maintains a certificate of occupancy
or its equivalent.
(3)
This
section shall not be applicable to buildings constructed as places
of worship, colleges or universities.
B.
Prior
to the issuance of a building permit for such projects, 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.
[Amended 4-30-1990 by L.L. No. 14-1990, effective 4-9-1990; 2-7-1995 by L.L. No. 5-1995, effective 2-13-1995; 7-25-2006 by L.L. No. 15-2006, effective
7-31-2006; 12-4-2007 by L.L. No. 26-2007, effective 12-10-2007; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014; 5-22-2014 by L.L. No.
10-2014, effective 6-5-2014; 12-15-2022 by L.L. No. 15-2022, effective 12-30-2022]
A.
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.
Issuance of certificates of occupancy and certificates of compliance.
The Chief Building Inspector shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Chief Building Inspector or an inspector authorized by the
Chief Building Inspector shall inspect the building, structure, or
work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Chief Building Inspector, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Chief Building Inspector prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory-manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name (if any), address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)
The signature of the Chief Building Inspector issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
No certificate of occupancy shall be issued under this section until
an affidavit is filed by the applicant with the Building Division
of the Town of Brookhaven stating that such applicant has no knowledge
that trees or debris, as defined in the Tree and Debris Disposition
Law of the Town of Brookhaven,[1] are buried or will be buried in, upon or under the parcel
for which the certificate of occupancy is sought.
E.
Temporary certificate of occupancy. The Chief Building Inspector
shall be permitted to issue a temporary certificate of occupancy allowing
the temporary occupancy of a building or structure, or a portion thereof,
prior to completion of the work which is the subject of a building
permit. However, in no event shall the Chief Building Inspector issue
a temporary certificate of occupancy unless the Code Enforcement Officer
determines (1) that the building or structure, or the portion thereof
covered by the temporary certificate of occupancy, may be occupied
safely, (2) that any required fire and life safety components, such
as fire protection equipment and fire, smoke, carbon monoxide, and
heat detectors and alarms are installed and operational, and (3) that
all required means of egress from the structure have been provided.
The Chief Building Inspector may include in a temporary certificate
of occupancy such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of time, not to exceed three months,
which shall be determined by the Chief Building Inspector and specified
in the temporary certificate of occupancy and shall be void thereafter;
except that, for good cause the Chief Building Inspector may allow
a maximum of two extensions for periods not exceeding three months
each. During the specified period of effectiveness of the temporary
certificate of occupancy, the permit holder shall undertake to bring
the building or structure into full compliance with all applicable
provisions of the Uniform Code and the Energy Code.
F.
Revocation or suspension of certificates. If the Chief Building Inspector
determines that a certificate of occupancy, certification of compliance,
or a temporary certificate of occupancy was issued in error or on
the basis of incorrect information, and if the relevant deficiencies
are not corrected to the satisfaction of the Chief Building Inspector
within such period of time as shall be specified by the Chief Building
Inspector, the Chief Building Inspector shall revoke or suspend such
certificate.
G.
For all parcels of land identified as a Superfund site, including
but not limited to parcels located adjacent to said identified parcels
and parcels which are located over plumes or other contamination originating
from a Superfund site parcel, the Chief Building Inspector shall place
an advisory notice on all certificates of occupancy, or their equivalent,
issued for such parcels. In addition, the Chief Building Inspector
shall require certification from a certified testing laboratory as
to the presence or absence of soil vapor intrusion from volatile organic
compounds and the levels of same. In the event the certification from
the certified testing laboratory indicates volatile organic compound
levels in excess of federal, state or county government standards,
the Chief Building Inspector shall require mitigation and/or remediation
in accordance with said government standards before the issuance of
a certificate(s) of occupancy.
[Added 8-22-2006 by L.L. No. 24-2006, effective 8-28-2006; amended 5-18-2010 by L.L. No. 7-2010, effective 5-28-2010; 6-28-2011 by L.L. No.
17-2011, effective 7-12-2011; 1-7-2014 by L.L. No. 1-2014, effective
1-9-2014]
A.
Any new single-family dwelling, multiple-family dwelling, Planned Retirement Community (PRC) or Planned Retirement Congregate Housing Community (PRCHC) as defined in § 85-1, in buildings containing four units or less, not more than three stories in height, with a separate means of egress for each dwelling, minimum of one heating facility for each four dwelling units and a separate primary electric meter for each dwelling unit, including townhouses (hereinafter “subject dwelling”), shall be built to achieve minimum energy conservation performance as verified by the Home Energy Rating System (HERS) promulgated by the Residential Energy Service Network (RESNET).
B.
The energy
conservation requirements must be satisfied by achieving a minimum
rating of 70 or lower on the current expanded Home Energy Rating System
(HERS) Index as defined in the 2006 Mortgage Industry National Home
Energy Rating Systems Standards promulgated by (RESNET).
C.
In addition to demonstrating compliance with the energy performance standard set forth in Subsection B above, prior to issuance of certificate of occupancy, the subject dwelling must comply with the following additional requirements:
(1)
Include
a tamper-resistant, automatically controlled mechanical ventilation
system that provides whole house ventilation (dilution air) as required
by the American Society of Heating, Refrigerating and Air Conditioning
Engineers (ASHRAE) 62.2 standard most recently published at the time
the most recent building permit was issued; and
(2)
Comply
with the Combustion Safety Testing Standards promulgated by RESNET,
the Building Performance Institute, or other organization approved
by the Commissioner; testing is to be performed by an individual who
has completed appropriate training as approved by the Commissioner;
and
(3)
Heating,
ventilation and air conditioning (HVAC) ducts in the subject dwelling
shall be subject to an HVAC duct leakage test as defined in Section
403.2.2 of the ECCCNYS and achieve the following criteria: post-construction
test leakage to outdoors shall be less than or equal to six cfm @
25Pa per 100 ft2 of conditioned floor area;
rough-in test leakage shall be less than or equal to four cfm @ 25Pa
per 100 ft2 of conditioned floor area.
D.
Prior to
the issuance of a building permit for any new subject dwelling, the
applicant shall certify compliance with energy conservation requirements
by submitting a New York State HERS compliance certificate from an
independent certified HERS rater, architect or professional engineer
(PE) indicating that the building was designed to meet the required
HERS Index of 70. Said certificate must indicate compliance with the
current version of the Energy Conservation Construction Code of New
York State (ECCCNYS) based on source energy expressed in energy costs
or BTU or BTU per square foot of conditioned space as defined by Section
N1101.4.1 of the Residential Code of New York State.
E.
Prior to the issuance of a certificate of occupancy for any subject dwelling which is granted a building permit after August 1, 2011, the applicant shall be required to demonstrate compliance with Subsections B and C of this section by submitting a final HERS rating performed by a RESNET-certified HERS rater. The HERS rater shall attest that the subject dwelling complies with the following requirements:
(1)
Achieves
a rating of 70 or lower on the HERS Index.
(4)
The
subject dwelling complies with both Section 402.4.2.1 and Section
402.4.2.2 of the New York State Energy Conservation Construction Code.
(5)
Ducts within the subject dwelling have been subjected to an HVAC duct leakage test and achieved the standards required by Subsection C(3) of this section.
(6)
An
ACCA Manual J has been performed for the subject dwelling as defined
in Section 403.6 of the Energy Conservation Construction Code of New
York State.
(7)
All
HVAC ducts not completely inside the subject dwelling’s thermal
envelope are insulated as required by Section 405.2 of the ECCCNYS.
(8)
A
permanent certificate, which includes the building’s HERS Index,
in a format approved by the Commissioner, has been affixed on or in
the electrical distribution panel.
F.
Prior to
the issuance of a certificate of occupancy for any subject dwelling
which was granted a building permit prior to August 1, 2011, the applicant
shall provide evidence that the subject dwelling complies with all
aspects of the LIPA ENERGY STAR Homes Version 2 Program, using either
the Home Energy Rating System (HERS) or Builder Option Package method.
Prior to issuance of a certificate of occupancy, all field verification
and testing requirements of that program shall be met.
G.
Commending on January 1, 2012, prior to the issuance of a building permit for any new subject dwelling for which a building permit has been previously issued and for which construction has not progressed beyond the foundation, the applicant shall comply with Subsection D of this section. Prior to issuance of a certificate of occupancy, the subject dwelling shall comply with Subsection E of this section.
H.
The Commissioner of Planning, Environment and Land Management shall establish requirements for HERS raters practicing in the Town to provide proof of certification, insurance, experience and independence, and shall maintain a list of approved raters that have provided this information and filed other required information with the Commissioner. The Commissioner shall establish rules to limit conflicts of interest in the HERS rating of subject dwellings. No HERS rater may provide the documentation required by Subsection D or E of this section, unless he or she complies with the filing and conflict of interest requirements established by the Commissioner and is currently on the list of approved raters. HERS raters may be removed from the list of approved raters by the Commissioner for cause.
[1]
Editor's Note: Former § 16-4.2, ENERGY STAR requirements
for buildings higher than three stories or containing more than four
units, added 8-22-2006 by L.L. No. 24-2006, effective 8-28-2006, was
repealed 6-28-2011 by L.L. No. 17-2011, effective 7-12-2011.
[Added 8-22-2006 by L.L. No. 24-2006, effective 8-28-2006; amended 6-28-2011 by L.L. No. 17-2011, effective 7-12-2011]
Notwithstanding any provision contained in § 16-4.1, the testing and verification requirement may be waived upon the Long Island Power Authority (LIPA) submitting a certification that no testing or verification protocol and procedure can be applied accurately in a particular building configuration.
[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
A.
The Town Board of the Town of Brookhaven hereby finds that there
is a growing need for one-family and two-family dwellings to be constructed
in such a manner that they are adaptable to accommodate the physical
needs of the elderly or individuals with physical disabilities.
B.
The Town Board further finds that the incorporation of certain universal design features during the planning, construction, extension or alteration of one-family and two-family residences will promote and afford, now or in the future, all persons requiring accessibility to dwellings, thereby accommodating the needs of the Town's diverse population. It is therefore the intent of the Town Board to establish incentives for applicants who submit proposals that incorporate specific universal design features for one-family and two-family dwellings. In furtherance of this goal, this § 16-5 establishes a mechanism by which applications for one-family dwellings or two-family dwellings and/or redevelopment containing universal design features are expedited through the universal permit approval process to the fullest extent practicable.
[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
As used in this § 16-5, the following terms shall have the meanings indicated:
For purposes of this chapter, "division" shall mean the Town
of Brookhaven Division of Building.
A specific benefit granted to an applicant submitting an
application to construct, reconstruct, develop or redevelop a one-family
dwelling or two-family dwelling in accordance with the universal design
requirements.
[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
A universal design permit issued in accordance with the requirements of this chapter and Chapter 85, Zoning, shall have the same force and effect as the issuance of a building permit.
[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
A.
Application: An application and other documents as determined to be necessary by the Chief Building Inspector for a universal design permit shall be submitted to the Building Division in accordance with the provisions contained in this chapter and Chapter 85, Zoning. The Building Division shall review the application. Upon the submission of a complete application, and demonstrating compliance with the requirements set forth in this chapter and Chapter 85, as determined by the Chief Building Inspector, a universal design permit shall be issued. If the application is denied, the reasons thereof shall be stated.
B.
Incentives.
(1)
Expedited review. Upon the submission of an application for a universal design permit demonstrating compliance with this chapter and Chapter 85, the Building Division may expedite the review and processing of an application, subject to such rules and regulations as may be promulgated by said Chief Building Inspector. The expedited review of applications covered by this § 16-5 shall not apply to applications before the Town Board, Planning Board or Zoning Board of Appeals or other divisions or departments.
(2)
It shall be unlawful for any applicant to make false statements or mislead any Town department, division, agency or board in order to secure an expedited review pursuant to the provisions of this § 16-5, or to fail and/or neglect to inform the Building Division of a change in the project which would negate eligibility for an expedited review.
[Added 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009]
Applications for a universal design permit shall comply with
the requirements as set forth in this section.
A.
All applications must demonstrate compliance with the universal design features as set forth in Subsection A(1) through (5).
(1)
Zero-step entrance. At least one zero-step entrance to the residence,
which may be located at the front, rear or side of the structure,
but does not include any entrance that is located within an attached
garage. There shall be less than a one-half-inch rise at the zero-step
entrance. A sidewalk or walkway being utilized as the accessible route
to the zero-step entrance must have a slope no greater than 1:12.
(2)
Doorways and passageways. All doors on the ground floor of the new
construction or addition (including bathrooms, walk-in closets, pocket
and sliding doors, and any door intended for human passage) shall
have a minimum clearance of 34 inches. A thirty-six-inch door, hung
in the standard manner, shall be considered to provide the opening
required by this section.
(3)
Adaptability features. There shall be at least one bedroom on the
ground floor, or at least one room that can be converted easily into
a bedroom.
(4)
Convenient facilities. There shall be at least a 1/2 bathroom located
on the ground floor, and the fixtures shall be arranged to provide
sufficient floor space so as to allow an individual using a wheelchair
or other mobility aid to enter and close the door, use the facilities,
reopen the door and exit. A sixty-inch turning radius is required
to meet the requirements of this section. Maneuvering space may include
any knee space or toe space available below bathroom fixtures, including
the clear space under a wall-hung lavatory. The lavatory shall be
equipped with a lever faucet handle(s).
(5)
Bathroom(s): reinforcements or "blocking" between wall studs around
the toilet and the bathroom/shower areas to conveniently and safely
allow for future installation of grab bars, commencing at a height
of 32 inches from the floor and extending to a height of at least
38 inches above the floor. Reinforcements may be constructed of plywood
or wood blocking.
(a)
Behind the toilet, a minimum twenty-six-inch-wide reinforced
area is required, which safely accommodates a twenty-four-inch grab
bar and provides proper backing for flange. Where a toilet is adjoining
a sidewall, a minimum twenty-six-inch wide reinforced area is required,
which safely accommodates a twenty-four-inch grab bar and provides
proper backing for flange. For a sidewall adjoining a toilet, a forty-four-inch
wide reinforced area is required to safely accommodate a forty-two-inch
grab bar with proper backing for flange.
(b)
Along a tub wall, reinforcements shall be at least 50 inches
wide, which safely accommodates a forty-eight-inch grab bar and provides
proper backing for flange. Sidewalls shall have a minimum twenty-six-inch
wide reinforced area, which safely accommodates a twenty-four-inch
grab bar and provides proper backing for flange.
(c)
Inside a shower stall, reinforcements shall be at least 26 inches
wide on each side adjoining a wall, which safely accommodates a twenty-four-inch
grab bar and provides proper backing for flange.
B.
All applications must demonstrate compliance with at least five of the universal design features as set forth in Subsection B(1) through (13).
(1)
Seventeen-inch-to-nineteen-inch-high water closet seat in the ground-floor
bathroom.
(2)
Roll-in shower in lieu of standard tub or shower in a ground-floor
bathroom.
(3)
Adjustable
hand-held showerhead.
(4)
Installation of grab bars in the shower area and behind and adjacent
to the water closet of the ground-floor bathroom.
(5)
Ground-floor full bath adjacent to or accessed from a bedroom or
the room that is designated as readily converted to a bedroom.
(6)
Open-front lavatory with knee space and protection panel.
(7)
Kitchen cabinet base cabinets with pullout shelves and corner cabinets
with lazy susan.
(8)
Removable base cabinet beneath the kitchen sink.
(9)
Lever handle faucet at kitchen sink.
(10)
Kitchen appliances: refrigerator with pull-out freezer drawer
on bottom; dishwasher with pull-out drawers; microwave base cabinet.
(11)
A minimum thirty-inch-by-forty-eight-inch clear space at appliances.
(12)
"Right Height" vanity.
(13)
Elevator, lift or LULA.
[1]
Editor's Note: Former § 16-6, Carbon monoxide alarm
and carbon monoxide detection required, added 9-9-2014 by L.L. No. 19-2014, was repealed 9-13-2018 by L.L. No. 23-2018, effective 9-24-2018.
[Amended 3-6-1990 by L.L. No. 10-1990,
effective 3-12-1990; 2-7-1995 by L.L. No. 5-1995, effective 2-13-1995; 9-17-2009 by L.L. No. 19-2009, effective 9-25-2009; 11-17-2016 by L.L.
No. 24-2016, effective 12-5-2016; 12-15-2022 by L.L. No. 15-2022, effective 12-30-2022]
A fee schedule shall be established by resolution of the Town
Board of this Town. Such fee schedule may thereafter be amended from
time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
and other actions of the Chief Building Inspector described in or
contemplated by this chapter.
[Added 12-15-2022 by L.L.
No. 15-2022, effective 12-30-2022]
A.
Orders to remedy.
(1)
The Chief Building Inspector is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about
any building, structure, or premises in violation of the Uniform Code,
the Energy Code, or this chapter. An order to remedy shall be in writing;
shall be dated and signed by the Chief Building Inspector; shall specify
the condition or activity that violates the Uniform Code, the Energy
Code, or this chapter; shall specify the provision or provisions of
the Uniform Code, the Energy Code, or this chapter which is/are violated
by the specified condition or activity; and shall include a statement
substantially similar to the following:
"The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedy
by [specify date], which is 30 days after the date of this Order to
Remedy."
(2)
The order to remedy may include provisions ordering the person or
entity served with such order to remedy 1) to begin to remedy the
violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this chapter or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Chief Building
Inspector may deem appropriate, during the period while such violations
are being remedied. The Chief Building Inspector shall cause the order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within
five days after the date of the order to remedy. The Code Enforcement
Officer shall be permitted, but not required, to cause the order to
remedy, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
being performed at the affected property personally or by registered
mail or certified mail within five days after the date of the order
to remedy; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
B.
Appearance tickets. The Chief Building Inspector and Code Enforcement
Personnel are authorized to issue appearance tickets for any violation
of this chapter or the Uniform Code.
C.
Penalties. In addition to such other penalties as may be prescribed
by state law:
(1)
Any person who violates any provision of this chapter or any term,
condition, or provision of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
or other notice or order issued by the Chief Building Inspector to
any provision of this chapter, shall be punishable by a fine of not
more than $125 per day of violation, or imprisonment not exceeding
15 days, or both; and
(2)
Any person who violates any provision of the Uniform Code, the Energy
Code or this chapter, or any term or condition of any building permit,
certificate of occupancy, certificate of compliance, temporary certificate,
stop-work order, or other notice or order issued by the Chief Building
Inspector pursuant to any provision of this chapter, shall be liable
to pay a civil penalty of not more than $125 for each day or part
thereof during which such violation continues. The civil penalties
provided by this subsection shall be recoverable in an action or special
proceeding instituted in the name of this Town.
D.
Injunctive relief. An action or special proceeding may be instituted
in the name of this Town, in a court of competent jurisdiction, to
prevent, restrain, enjoin, correct, or abate any violation of, or
to enforce, any provision of the Uniform Code, the Energy Code, this
chapter, or any term or condition of any building permit, certificate
of occupancy, certificate of compliance, temporary certificate, stop-work
order, order to remedy, or other notice or order issued by the Chief
Building Inspector pursuant to any provision of this chapter. In particular,
but not by way of limitation, where the construction or use of a building
or structure is in violation of any provision of the Uniform Code,
the Energy Code, this chapter, or any stop-work order, order to remedy
or other order obtained under the Uniform Code, the Energy Code or
this chapter, an action or proceeding may be commenced in the name
of this Town, in the Supreme Court or in any other court having the
requisite jurisdiction, to obtain an order directing the removal of
the building or structure or an abatement of the condition in violation
of such provisions. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from Town
Board of this Town.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 16-9 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 16-9 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
[1]
Editor's Note: Former § 16-8, Penalties for offenses,
as amended, was repealed 11-16-2017 by L.L. No. 22-2017, effective 1-28-2017.
[Added 12-4-2007 by L.L. No. 26-2007, effective 12-10-2007; amended 2-26-2009 by L.L. No. 2-2009, effective 3-9-2009; 12-15-2022 by L.L. No. 15-2022, effective 12-30-2022]
A.
Authority to issue. The Chief Building Inspector and Code Enforcement
Personnel are authorized to issue stop-work orders pursuant to this
section. The Chief Building Inspector shall issue a stop-work order
to halt:
(1)
Any work that is determined by the Chief Building Inspector or Code
Enforcement Personnel to be contrary to any applicable provision of
the Uniform Code or Energy Code, without regard to whether such work
is or is not work for which a building permit is required, and without
regard to whether a building permit has or has not been issued for
such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Chief Building Inspector, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
C.
Service of stop-work orders. The Chief Building Inspector shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by registered mail/certified mail.
The Chief Building Inspector shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
registered mail/certified mail; provided, however, that failure to
serve any person mentioned in this sentence shall not affect the efficacy
of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder, and any other
person performing, taking part in, or assisting in the work shall
immediately cease all work which is the subject of the stop-work order,
other than work expressly authorized by the Chief Building Inspector
to correct the reason for issuing the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 16-8 (Violations) of this chapter or under any other applicable chapter or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
[1]
Editor's Note: Former § 16-9, Fire
limits, was repealed 7-25-2006 by L.L. No. 15-2006, effective 7-31-2006.
A.
Unless otherwise expressly stated, whenever used in
this chapter, the following terms shall mean literally as written.
B.
Words used in the present tense include the future
as well; singular numbers include the plural, and plural the singular;
the word "person" includes corporations or copartnerships as well
as an individual; and "writing" includes printing, printed or typewritten
matter.
C.
No legalization due to delinquency, oversight or dereliction
of duty on the part of the Chief Building Inspector or other authorized
agent shall legalize the erection, construction, alteration, removal,
use or occupancy of any building or structure that does not conform
to the provisions of the code.
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 Town of Brookhaven be held as assuming any such liability
by reason of the inspection authorized therein or certificate or permit
of approval issued or endorsed as herein provided.
[Added 4-28-2009 by L.L. No. 8-2009,
effective 5-7-2009]
If any clause, sentence, paragraph, subdivision,
section, or other part of this chapter shall, for any reason, be adjudged
by any court of competent jurisdiction to be unconstitutional or otherwise
invalidated, such order or judgment shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
chapter, or in its application to the person, individual, corporation,
firm, partnership, entity, or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
