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Chapter 68. BUILDING CONSTRUCTION
Article I. Building Standards
§ 68-1. Applicability of Building Code accepted.
The State Building Construction Code is declared to be applicable, in its entirety, within the boundaries of the Incorporated Village of Bellerose Editor's Note: The applicability of the New York State Building Construction Code for the Incorporated Village of Bellerose was originally accepted by resolution of the Board of Trustees adopted and effective 3-9-1959. and shall govern, within such boundaries, all matters to which it is applicable, except in situations where the provisions of this Code of the Incorporated Village of Bellerose impose more restrictive standards, in which event the provisions of this Code of the Incorporated Village of Bellerose shall govern.
Article II. Administration and Enforcement
[Adopted 12-13-1976 by L.L. No. 17-1976 Editor's Note: Pursuant to L.L. No. 1-1976 which established the Code, the provisions of this article were originally designated as Ch. 25. ]
§ 68-2. Title.
This article shall be known and may be cited as the "Building Code" and is hereinafter referred to as the "Code."
§ 68-3. Purpose.
This code shall provide for the safety, health and public welfare through control of all matters concerning the design, construction, alteration, addition, removal, demolition, equipment, use, occupancy, location and maintenance of buildings erected or to be erected in the Incorporated Village of Bellerose, as well as all matters associated with the business of plumbing and laying private sewer lines, except as otherwise provided for herein or by applicable local, county or state laws.
§ 68-4. Minimum requirements.
The provisions of this code shall be deemed to be the minimum requirements. Where the provisions of any applicable local, county or state law are more stringent than this code, the more restrictive requirements shall control.
§ 68-10. Powers and duties of Building Inspector.
A. Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of laws, ordinances, rules and regulations applicable to plans, specifications or permits for the construction, alteration and repair of buildings and structures, the installation and use of materials and equipment therein and the location, use and occupancy thereof.
B. The Building Inspector shall promulgate rules and regulations, subject to the approval of the Board of Trustees, to secure the intent and purposes of this code and a proper enforcement of the laws, ordinances, rules and regulations governing building plans, specifications, construction, alteration or repairs.
C. The Building Inspector shall receive applications, approve plans and specifications and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued, for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing building construction or alterations.
D. The Building Inspector shall issue in writing all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances, rules and regulations; and such notices or orders may be served upon the property owner or his agent personally or by sending by certified mail a copy of such order to the owner or his agent at the address set forth in the application for permission for the construction or alteration of such building and by posting the same upon a conspicuous portion of the premises to which the notice applies. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspections from Deputy Building Inspectors or other employees of the Building Department or from generally recognized and authoritative service and inspection bureaus or agencies, provided that the same are certified by a responsible official thereof.
E. Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules and regulations covering building construction or alteration, the Building Inspector may, in his discretion, accept and rely upon written reports of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies.
F. The Building Inspector shall issue a certificate of occupancy where appropriate for a building constructed or altered in accordance with the provisions of the State Building Construction Code, which certificate shall certify that the building conforms to the requirements of the State Building Construction Code.
§ 68-11. Department records and reports.
A. The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Board of Trustees and notices and orders issued.
B. The Building Inspector shall, upon the request of the Board of Trustees, submit to the Board of Trustees a written report and summary of all business conducted by the Building Department, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded for the period requested.
§ 68-12. Review of rulings; filing notices of appeal.
All rulings by the Building Inspector, the Plumbing Inspector and the Acting Building Inspector or a Deputy Building Inspector shall be subject to review by the Board of Trustees of the Incorporated Village of Bellerose or, if so empowered by the said Board of Trustees, by the Board of Appeals of the Incorporated Village of Bellerose. Any appeal for review shall be filed with the Village Clerk, in duplicate, within 10 days of the rendering of the ruling as to which review is sought. The filing of such notice of appeal shall be accompanied by a statement of guarantee that all expenses, including costs of any required test or investigations ordered by the Board of Trustees or by the Board of Appeals and including costs of any stenographic transcripts of proceedings before the Board of Trustees or the Board of Appeals, shall be paid by the applicant. Such filing of a notice of appeal shall also be accompanied by a deposit in such sum as shall be required by resolution of the Board of Trustees or the Board of Appeals, to be applied toward the payment of such expenses.
§ 68-13. Violations.
In accordance with § 383 of Article 18 of the Executive Law of the State of New York:
A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of law or this code, as well as any regulation or rule promulgated by the Building Inspector in accordance with this code, or to fail in any manner to comply with a notice, directive or order of the Building Inspector or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. Any person who shall fail to comply with a written order of the Building Inspector, within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punishable by fine or by imprisonment, or both. Each day that a violation continues shall be deemed a separate offense.
C. Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility, as a witness or otherwise, of any person found guilty of such an offense.
§ 68-14. Abatement of violation.
Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or alterations or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.
§ 68-15. Administrative errors; limits on permit authority.
Dereliction of any duty or errors on the part of the Building Inspector shall not legalize any violation of this code. The issuance of a permit shall not be construed as authority to violate, cancel or set aside any part of this code.
§ 68-16. Application for building permit.
A. No person, firm or corporation shall commence the erection, construction, enlargement, alteration, improvement, conversion or change in the nature of the occupancy of any building or structure or shall cause the same to be done, without first obtaining a separate permit from the Building Inspector for each such building or structure, except that no permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. Application for a permit shall be made to the Building Inspector on forms provided by him and shall contain the following information:
(1) A description of the land on which the proposed work is to be done.
(2) A statement of the use or occupancy of all parts of the land and the proposed building or structure.
(3) The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations, and the name and address of the owner's authorized agent, if any.
(4) A brief description of the nature of the proposed work.
(5) If the construction is to be in accordance with the provisions of the State Building Construction Code, a statement that the application is made for permission to construct in accordance with the provisions of such code.
(6) A statement that the applicant consents to permit the Building Inspector, any Deputy Building Inspector and any officer or employee of the Building Department to enter upon the premises without a search warrant in the manner hereinafter prescribed.
(7) Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances, rules and regulations.
C. Each application shall indicate the estimated cost of the project. If, in the judgment of the Building Inspector, the stated estimated cost is manifestly incorrect, the Building Inspector may employ an architect or engineer to make an independent estimate of the costs of the proposed project, and the expense of such estimate shall be paid by the applicant. "Estimated costs" shall mean the reasonable market value of all labor, materials, equipment and professional services entering into and necessary for the prosecution of the proposed project, except the cost of land and landscaping.
D. The application shall be signed by the owner or his authorized agent.
E. The application shall be made by the owner or by the agent, architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application, and the affidavit shall contain a statement that the owner authorizes the applicant to consent to permit the Building Inspector, any Deputy Building Inspector and any officer or employee of the Building Department to enter upon the premises without a search warrant in the manner hereinafter prescribed.
F. Each application for a permit shall be submitted in duplicate and shall be accompanied by duplicate copies of plans and specifications, including a plot plan drawn to scale showing the location and size of all proposed new construction and alterations and all existing structures on the site; the nature and character of the work to be performed and the materials to be incorporated; distances from lot lines; the relationship of structures on adjoining property; widths and grades of adjoining streets, walks and alleys; and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7202 or 7302, as amended, of Article 145 or 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. The Building Inspector may waive the requirements for filing plans and specifications for minor alterations and issue a permit so stating.
G. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Inspector and approval received from the Building Inspector prior to the commencement of such change of work.
§ 68-17. Fees.
The fee which shall accompany each application for a permit, a certificate of occupancy or a temporary certificate of occupancy shall hereafter be established by resolution of the Board of Trustees and from time to time shall be revised and changed by resolution. If the application for the issuance of a permit is rejected, 50% of the fee paid shall be refunded, provided that no work has been commenced. If work has been commenced and the application is rejected, the fee paid shall not be refunded.
§ 68-18. Indemnity bond.
When it shall appear to the Building Inspector that damage is liable to occur to any public property or private property, by reason of work to be done pursuant to a permit for which application has been made, he shall report that fact to the Board of Trustees, which may require the applicant for a permit to provide a surety bond or a cash deposit satisfactory to the Board of Trustees. Such bond or cash deposit shall be conditioned upon the payment for any and all damage to persons or property caused directly or indirectly by the applicant or his agents or employees in connection with the work being done under any permit so granted and upon releasing the Incorporated Village of Bellerose, its agents and employees from any claims arising from such work and shall be further conditioned upon the faithful performance of the work strictly in accordance with the provisions of this code.
§ 68-19. Issuance of permit or denial of application.
A. The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within 60 days from the date of submission of the application.
B. Upon approval of the application and upon receipt of the legal fees therefor, the Building Inspector shall issue a permit to the applicant upon the form prescribed by the Building Inspector and shall affix his signature or cause his signature to be affixed thereto.
C. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Department, and the other set shall be returned to the applicant, together with the permit, and shall be kept by the applicant at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times.
D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant.
§ 68-20. Performance of work under permit.
A. A permit shall be effective to authorize the commencing of work for a period of three months after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each. All work shall conform to the approved application, plans and specifications and shall be in accordance with applicable building laws, ordinances, rules and regulations.
B. Permits shall be prominently displayed on the job site at all times during the progress of the work so as to be readily seen from adjacent thoroughfares.
C. No deviation from the plans or specifications approved by the Building Inspector and for which a permit has been issued or in the actual construction or alterations intended by the plans and specifications shall be permitted.
§ 68-21. Revocation of permit.
The Building Inspector may revoke a permit theretofore issued in the following instances:
A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the permit was based.
B. Where he finds that the permit was issued in error and should not have been issued in accordance with the applicable law.
C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
D. Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
§ 68-22. Stop orders.
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to him by certified mail at the address set forth in the application for permission for the construction or alteration of such building.
§ 68-23. Right of entry.
The Building Inspector and Deputy Building Inspectors, upon the showing of proper credentials and in the discharge of their duties, shall be permitted to enter upon any building, structure or premises without interference, during reasonable working hours.
§ 68-24. Special supervision.
Whenever the plans accompanying an application are for construction or alterations which in the opinion of the Building Inspector are of a complex or unusual nature, he may, in his absolute discretion, issue the permit subject to the condition that an architect or an engineer be employed by the owner or contractor to supervise the work to be done under the permit issued. It shall be the duty of the architect or engineer to see that the work, as installed, conforms to the approved plans and specifications and forthwith, upon the completion of the project, to make and file with the Building Inspector an affidavit or affidavits stating that he or they have complied with all inspection requirements and that the work has been completed in accordance with the approved plans and specifications and in compliance with all the provisions of this code.
§ 68-25. Certificate of occupancy.
A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
B. No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a permit shall be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.
C. No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.
D. The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought and that the structure has been erected or altered in accordance with approved plans and as erected or altered complies with the laws governing building construction or as varied by a variance which has been legally authorized. Such variances and qualifying conditions imposed therewith, if any, shall be specified in the affidavit.
§ 68-26. Inspection prior to issuance of certificate of occupancy.
Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair or change the use or nature of occupancy, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a permit has been issued. There shall be maintained in the Building Department a record of all such examinations and inspections, together with a record of findings of violations of the law.
§ 68-27. Issuance of certificate of occupancy.
A. When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances, rules and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector shall not issue a certificate of occupancy and shall order the work completed in conformity with the permit and in conformity with the applicable building regulations.
B. A certificate of occupancy shall be issued, where appropriate, within 30 days after written application therefor is made.
C. The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances, rules and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
§ 68-28. Temporary certificate of occupancy.
Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public health or welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each.
§ 68-29. Unsafe buildings.
A. Any building that may be unsafe, unsanitary, inadequately provided with exit facilities, a fire hazard, unfit for occupancy or otherwise dangerous to life, health or property shall be declared unsafe and condemned by the Building Inspector.
B. The Building Inspector shall notify the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, either personally or by certified mail, as soon as possible, describing the reason for his actions and shall order immediately all necessary repairs or improvements to render the building safe or shall order the unsafe building to be demolished within a stipulated time. The owner shall, within 48 hours after having received such notice, proceed with repairs or improvements diligently until completed to the satisfaction of the Building Inspector. Continued use or occupancy of any building declared unsafe by the Building Inspector shall be in violation of this code.
C. When, in the opinion of the Building Inspector, there is actual or imminent danger of failure or collapse of a building or when it has collapsed, thereby endangering life and property, the Building Inspector shall immediately take all necessary action to ensure public safety.
D. The Building Inspector may enter at once any building which he believes to be imminently unsafe or dangerous and the land on which it stands or the adjoining land or building, and he shall require that the necessary work be done by the owner to render such building or any part thereof temporarily safe. In the event the required work is not undertaken and completed within the time specified by the Building Inspector, he may employ the necessary labor and materials to perform the required repairs.
E. The Building Inspector shall have the authority to order all occupants in any unsafe building or on the premises to vacate forthwith. It shall be unlawful for any person to reenter such building except for the purpose of making necessary repairs or demolishing the building.
F. The Building Inspector shall have the authority to require improved or additional exits from multiple dwellings, places of business and public assembly if the existing exits are inadequate or unsafe.
G. Failure of a person or persons served with a notice to comply with the Building Inspector's order shall constitute a violation of this code. If the person to whom such notice and order is addressed cannot be found, then such notice and order shall be sent by certified mail to the last known address of such person, and a copy of such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed adequate service.
H. In the event of failure to comply with the Building Inspector's notice, a survey of the premises shall be made by an official of the Village and a practical builder, engineer or architect named by the Board of Trustees and a practical builder, engineer or architect appointed by the person notified as above, and in the event of refusal or neglect of the person so notified to appoint such surveyor, the two surveyors named shall make the survey and report. The notice shall state that, in the event the building or other structure shall be reported unsafe or dangerous under such survey, an application will be made at a Special Term of the Supreme Court, not less than five nor more than 10 days thereafter, for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. A signed copy of the report of the survey shall be posted on the building or property.
I. The Board of Trustees may fix the compensation of the surveyors, and such compensation and all other costs and expenses incurred by the Village in connection with these proceedings and the costs of any emergency safety measures ordered by the Building Inspector to safeguard the public shall be assessed against the land on which such building or structure is located if not paid to the Incorporated Village of Bellerose within 30 days after such costs are submitted.
J. Any building that has been condemned by the Building Inspector shall not be reoccupied until all the requirements of this code are strictly complied with and a certificate of occupancy shall have been issued by the Building Inspector.
§ 68-30. Demolition of or moving of buildings.
A permit shall be required for the demolition of a building or for the removal of a building from one location to another and shall be applied for in the same fashion and under the same requirements as a permit for alteration or construction of a building. When a permit is applied for in connection with the demolition of a building or the removal of a building from one location to another, the applicant shall also submit evidence to the Building Inspector that he has given at least three days' written notice to the public utilities corporations having jurisdiction, so that all electric wires, telephone connections, gas connections, water connections and sewer connections are properly disconnected and sealed, and no work shall be commenced pursuant to any permit issued for demolition or removal unless such disconnections and sealings shall have taken place and shall have been so certified to have taken place by the public utilities corporations concerned therewith.
§ 68-31. Licensing of plumbers.
It shall be unlawful for any person to engage in the business of plumbing or to install, alter or repair any plumbing system in the Incorporated Village of Bellerose or to display a sign or to give other notice setting forth or intending to imply that he is engaged in the business of plumbing, unless he has first been duly licensed by the County of Nassau or by the City of New York, except for work in public highways under the direct supervision of the Incorporated Village of Bellerose.
§ 68-32. Duties of Plumbing Inspector.
It shall be the duty of the Plumbing Inspector to examine the plans and specifications submitted for approval in connection with all plumbing work for which a permit is sought, to see that such plans and specifications conform with all the requirements of this code and to examine all plumbing, both in new work and in alterations. All work done under the provisions of this code and the materials used in connection with such work shall be subject to the approval of the Plumbing Inspector.
§ 68-33. License required to perform plumbing work; bond.
Every person, firm or corporation who shall perform any plumbing work in the Incorporated Village of Bellerose shall be duly licensed in accordance with the provisions of law and shall furnish a bond suitable to and approved by the Board of Trustees of the Incorporated Village of Bellerose, in the sum of $2,500, with one or more sureties acceptable to the Board of Trustees, conditioned substantially that he or it shall indemnify and save harmless the Village of and from all suits and actions brought against such Village or any officer thereof for or on account of any injury or damage received or sustained by any person in consequence of or resulting from any work performed by him or it or by his or its servants or agents or from any improper materials used in said work or from any negligence in guarding said work or from any act of omission of him or it or of his or its servants or agents. A further condition of the said bond shall be that all skilled workmen or laborers, as and when used on any such plumbing work, shall be insured and protected in accordance with the provisions of the state labor laws.
§ 68-34. Plumbing applications and permits.
A. Before any plumbing work is started in a building or before any additions or alterations are made to old work, an application properly completed and signed by a licensed plumber shall be filed in the office of the Plumbing Inspector, together with plans and descriptions in duplicate showing and describing the proposed work, except that where only stoppages are removed or leaks repaired or where plumbing fixtures are replaced without altering or disturbing any drain or soil, waste or vent pipe, no application or permit will be required.
B. The plumbing plans shall consist of such floor plans and sections as may be necessary to show clearly all the work to be done, including all sewers, drains and soil, waste and vent pipelines and the location of fixtures and their traps and connections, together with all other information specifically requested by the Plumbing Inspector.
C. No work shall proceed until the plumbing plans and specifications have been approved and a permit has been issued by the Building Inspector or by a Plumbing Inspector.
D. Modification of approved plans or of the work described therein shall not be permitted unless such changes have been previously allowed by the Plumbing Inspector on written application.
E. Permits issued with reference to plumbing shall expire under the same time limitations as set forth above for general permits.
§ 68-35. Penalties for offenses.
Any owner, lessee, architect, builder, engineer or licensee hereunder or the agent or employee of any of them, who violates or is an accessory to a violation of any provision of this code, shall be liable to a penalty not exceeding in any one case of violation $250. Each day that a violation continues shall be deemed a separate offense. In addition, any such violations shall constitute disorderly conduct, and the person committing such violation shall be a disorderly person.