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HomeMy WebLinkAboutLL 2006 #16 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 south old town . northf ark. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 29,2006 Re: Resolution No. 910 regarding proposed Local Law in relation to "Amendments to Chapter 144" of the Code of the Town of Southold Thomas Isles, Director of Planning Department of Planning County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: TrarlSmitted is the proposed Local Law in Relation to Amendments to Chapter 144 of the Code of the Town of Southold. Please review and prepare an official report defining your department's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. This application has also been sent to the Southold Town Planning Board for their official review and recommendation. The date and time of the public hearing is 5:00 PM Tuesday, December 19,2006. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~~ Elizabeth A. Neville Southold Town Clerk Enclosure wlo enclosure cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 SouthoId, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown .northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 29,2006 Re: Resolution No. 910 regarding proposed Local Law in relation to "Amendments to Chapter 144" of the Code of the Town of Southold Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on November 21, 2006 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearing is 5:00 PM, Tuesday, December 19,2006. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~~~~~ Elizabeth A. Neville Southold Town Clerk Enclosure' w/o enclosure cc: Town Board Town Attorney SOUTHLD TOWN BOARD PUBLIC HEARING December 19,2006 5:00 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21" day of November, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 144" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 19th day of December, 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Loeal Law in relation to Amendments to Chapter 144". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - To update this Chapter to include State recommendations that will conform the Town's Code with the Energy Code and the Uniform Code and to make current the outdated fee schedule. I!. Chapter 144 of the Town Code of the Town of South old is hereby amended as follows: S 144-1. Title. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." S 144-2. Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of] 981, provides for the prcparation ora Unifoml Fire Prevention and Building Code (Uniform Code), which shall take effect on January 1,1984, and the State Energy Conservation Construction Code (the Energy Code), which shall take effect on January 1,2007, and which every local government shall administer and enforce on and after such date. It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of South old. S 144-3. Administration and enforcement officers designated and definitions. A. It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector") to administer and enforce the Uni form Code and the Energy Code and the provisions of this chapter. B. In addition to the Inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting -1- periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energv Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term "Building Inspector" shall include and refer to: [Added 11- 24-1998 by L.L. No. 22-1998] (I) Building Inspectors of the Town of South old; (2) The Director of Code Enforcement of the Town of South old; (3) The Engineer Inspector of the Town of South old; and (4) Building Permits Examiner. [Added 9-17-2001 by L.L. No. 19- 2001] (5) F ire Inspector D. For this chapter, the following terms shall include and refer to: "Building Permit" shall include a Building Permit which is renewed, amended or extended pursuant to anv provision of this local law. "Energv Code" shall mean the State Energv Conservation Construction Code, as currentlv in effect and as hereafter amended. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. "Person" shall include an individual. corporation, limited liabilitv companv, partnership, limited partnership, business trust, estate, trust, association, or anv other legal or commcrcial entitv of anv kind or description. ~ 144-4. Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any othcr provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. S 144-5. Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, thc Building Inspector shall administer and enforce all the provisions of the Uniform Code and Energv Code and regulations applicable to thc construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, usc, occupancy and maintenance thereof. B. The Building Inspector shall receive, review, and approvc or disapprove applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code, Energv Code and other laws, ordinances and regulations governing building construction. C. The Building Iflspeetor shall issue all appropriate notices or orders to remO'iC illegal or tmsafe conditions, to require the necessary safet;Hards during construction and to ensure compliance during the entire course of construction "..itR the reqHirements of the Uniform Code and other applicable laws, erdinances or regulations. He shall make all iflspections v..Rich arc neccssary or proper for the carrying o~;t of his duties. C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancv, fire safetv and propertv maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under anv provision of this local law; (I.)to issue Stop Work Orders; (2.)to review and investigate complaints; (3.)to maintain records; (4.)to collect fees as set bv the Town Board of the Town of South old; (5.)to pursue administrative enforcement actions and proceedings; -2- (6.)in consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and (7.)to exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this local law. D. The 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, adyanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. Q.E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations coyering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. F. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including all applications received, permits aI'Id certificates issued, fees eharged and collected, inspection roports, and notices and orders issued. "'.II such records shall be public records, opcn to public inspection during bHsincss hours. records of: (1) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy, and Stop Work Orders issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all fees charged and collected. G. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or stmctures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. B. H. Program review and reporting. ill The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including pern1its and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. (2) The Building Inspector shall, annuallv, submit to the Secretary of State, on bchalfofthis Town, on a form prescribed by the Secretary of State, a report of the aetivities of this Town, relatiye to administration and enforcement of the Uniform Code. (3) The Building Inspector shall, upon request of the New York State Department of State, proyide to the New York State Department of State, from the records and related materials in this Town is required to maintain, exeerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. r. The Building Inspector shall review and investigate eomplaints whieh allege or assert the existence of conditions or aetivities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem appropriate: (1) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; -3- (2) if a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code; (3) if appropriate, issuing a Stop Work Order; (4) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. ~ 144-6. Records and reports. Inspections Required. A. Construction Inspections (1). Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the building Inspector. The Perrnit Holder shall notify the Building Inspector when anv element of work described in subdivision (2) of this section is ready for inspection. (2) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: work site prior to the issuance of a Building Perrnit; footing and foundation; preparation for concrete slab; framing; building systems, including underground and rough-in; fire resistant construction; fire resistant penetrations; solid fuel burning heating appliances, chimneys. flues or gas vents; Energy Code compliance; and a final inspection after all work authorized by the Building Permit has been completed. (3) Inspection results. A fler inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Unifonn Code or Energy Code. Work not in compliance with any applicable provision of the Uniforrn Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions ofthc Uniforrn Code and the Energy Code, re-inspected, and found satisfactory as completed. Fire Safety and Property Maintenance Inspections (I) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be perfornled by the Building Inspector at the following intervals: (a) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be perforrned at least once every twelve (12) months. (b) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraph (a) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraph (a) of this subdivision. shall be perfornled at least once every thirty-six (36) months. (2) Inspections perrnitted. In addition to the inspections required by subdivision (1) of this section, a fire -4- a. b. c. d. c. f. u o' h. 1. J. B. safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be pcrformed by the Building Inspector at any time upon: (a) the request of the owner of the property to be inspected or an authorized agent of such owner: (b) receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist: or (c) receipt by the Building Inspector of any other information, reasonably believcd by the Building Inspector to bc reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist: provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant pemlitting such inspection is required, unless such court order or warrant shall have been obtained. (d) OFPC inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities ofthc New York State Office of Fire Prevention and Control ("OF PC") and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b. ~ 144-7. Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. ~ 144-8. Building permit required; application for permit. [Amended 5-30-1995 by L.L. No. 11-1995] A. Building permit required prior to commencement: exceptions. [Amended 12-8-1998 by L.L. No. 28-1998; 10-26-1999 by L.L. No. 17-1999] (I) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building pemlit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must confoml to the Unifoml Code, and Energv Code, except that no building permit shall be required for: (a) Necessary repairs which do not materially affect structural features. (b) alterations: Alterations to existing buildings, provided that the [1] Cost less than $10,000; [2] Do not materially affect structural features; [3] Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and Exits; [4] Do not involve the installation of electrical systems; and [5] Do not include the installation of solid fuel-buming heating appliances and associated chimneys and flues. (c) Small noncommercial structares less Hum 100 sqHare foot in floor area not intended for ase by one or more persoRs as qHarters for li':ing, sleeping, eating or cooking: fDr -5- cxample, a small storage b~lildiHb' Construction or installation of one-story detached structures associated with one or two-family dwellings or multiple single-family dwellings (townhouses) which arc used for tool and storage sheds, playhouses or similar uses, proyided the gross floor area does not exceed one hundred (l00) square feet, (d) installation of swings and other playground equipment associated with a one or two-family dwelling or multiple single-family dwellings (townhouses); (e) installation of swimming pools associated with a one or two-family dwelling or multiple single-family dwellings (townhouscs) where such pools are designed for a watcr depth ofless than 24 inches and are installed entirely above ground; (l) installation of fences which are not part of an enclosure surrounding a swimming pool; (g) construction ofretaining walls unless such walls support a surcharge or impound Class I, II. or lllA liquids; (h) construction of temporary motion picture, television and theater stage sets and scenery; Ii) installation of window awnings supported by an exterior wall of a one or two- family dwelling or multiple single family dwellings (townhouses); (i) installation of partitions or movable cases less than 5' 9" in height; (k) painting, wallpapering, tiling, carpeting, or other similar finish work; (l) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (m) rcplacement of any equipment provided the rcplacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (n) repairs, provided that such repairs do not involve (l) the removal or cutting away of a loadbearing walL partition, or portion thereof, or of any structural beam or load bearing component; (2) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (3) the enlargement, alteration, replacement or relocation of any building system; or (4) the removal from service of all or part of a fire protection system for anv period of time. (2) The exemption from the requirement to obtain a building perrnit for work in anv category set forth in subdivision (1) of this section shall not bc deemed an authorization for work to be perforrned in violation of the Uniforrn Code or the Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. R Any building perrnit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. [Amended 10-26- 1999 by L. L. No. 17- I 999] C. Applications. [Amended 3-3-1998 by L.L. No. 2-1998; 10-26-1999 by L.L. No. 17- 1999J (1) Every application for a building perrnit shall be made in writing, on a forrn provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owncr or an authorized agent of the owner and contain thc following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building perrnit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable building construction, hoasing and fire codes requirements of the Uniforrn -6- Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appcar on the latcst tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (e) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (I) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (i) Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth as above. Construction documents which are accepted as part of the application for a Bnilding Pennit shall be marked as accepted by the Building Inspector in writing or bv stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work. or as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (k) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a Building Permit. The Permit Holder shall immediately notifv the Building Inspector of anv change occurring during the course of work. The Building Permit shall contain such a directive. If the 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. -7- (2) Exception to the requirements set forth in S l44-SC. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Unifornl Code and Energy Code, to verify that both the plans and the construction comply with the Uniform Code and Energy Code at the field inspection stage. D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a strect or highway as provided by s2S0-a of the Town Law. E. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board. F. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly grantcd by the board having jurisdiction thereof. G. No building permit shall be issued for any building until approval has been received from the Suffolk County Department of Health Services for the proposed water supply and sewage disposal system. H. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all tlled documents to the applicant. 1. The Building Inspector SHall, within 10 business days after the tlling of a complete and properly prepared application, either issHe or deny a building permit. If a Emilding pernlit is denied, the Building Inspector shall state, in 'Hiting, to the applicant the reasons fDr such denial. J-c1 Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within IS months from such date. Ifno zoning amendments or other regulations affecting thc property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new permit shall be required. K,L As soon as the foundation of a building or of any addition to an existing building is completed and before tlrst-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. lo.K. Permit fees. [Amended 5-S-200l by L.L. No. 9-2001] (1) Thc following fees shall be paid upon the filing of an application with the Building Inspector for a building pcmlit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and alterations or additions to existing dwellings: $-8G $200, plus ~$0.40 for each square foot of floor area in excess of S50 square feet. [2] Accessory buildings and additions or alterations to existing accessory buildings: m $100, plus ~ $0.40 for each square foot of floor area in excess of 500 square feet. (b) Farm buildings and additions or alterations to existing farm buildings: S150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, incl uding wineries: [1] New buildings and additions and alterations to existing buildings: ~$250, plus ~ $0.40 for each square foot of floor area in excess of 1 ,000 square fect. -S- [2] Accessory buildings and additions and alterations to existing accessory buildings: m $100, plus ~ $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: $-I-\l()-$200. (e) In-ground swimming pools, together with required enclosure fencing: U*$250; aboveground swimming pools, together with required enclosure fencing: ~ $250. (1) The permit fee for all signs shall be ~ $75 per permit. (g) Demolition and/or removal of any building: m $70 minimum and ~ $0.30 for each square foot in excess of 300 square feet of floor area. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee ofm $50. (3) For the purpose of this Subsection L, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all pen11its as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one vear of issuance, provided that no construction has commenced. 9144-9. Issuance or denial of building permit. A. The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events within 10 business days. [Amended 10-26- 1999 by L.L. No. 17-1999] B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building pernlit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. C. Upon approval ofthe application, two 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 offices of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept 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 eonfornl to all the requirements of the Unil0n11 Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. 9 144-10. Performance of work under permit. A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of 18 months after the date of its issuance. For good cause, the Building Inspector may allow an extension for a period not exceeding six months. -9- B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any building pennit and issuance of a certificate of occupancy by the Town of Southold: [Added 11-6-2003 by 1.1. No. 24-2003] (I) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and dcvices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other opcn areas on the premises shall not be discharged in a manncr that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. (4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. D. Building pemlits shall be visiblv displaved at the work site and shall remain visible until the authorized work has been completed. ~ 111 11. Building permit fees. i\. Upon filing of an application for a building permit, fees shull be paid in accordance with ~ 111 8 of the Town Code. [f,mended 6 6 1989 by 1.1. No. 10 1989] B. In the event that an application for a buildiag permit is not approved, the applicant shall be entitled to a refund of 50~/v ofthc fee paid, provided that no constnwtioa haG been commenced. If construction work has bcen started and the application is not approved, the fees paid shall not be rcbnded. S 144-12. Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved 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 building permit was based. B. Where he finds that the 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 Energv Code, the Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energv Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. and should not han been issued in accordance with the applicable la'.\. 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. -10- (2) (3) (4) will be permitted to resume. C. The 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 certified mail to the owner or Permit Holder and posting at the work site. The Building Inspector shall be permitted, but not required, to cause the Stop Work Order, or a COpy thereof, to be served on any or all of the following: 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 certified mail and posting; provided, however, that failure to serve anv person listed above shall not affect the efficacy of the Stop Work Order. D. Upon the issuance ofa 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 subiect of the Stop Work Order. E. The issuance ofa Stop Work Order shall not be the exclusive remedy available to address any event described in 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 anv other remedy or impose any other penalty under any other applicable local or State law. Any such 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. Wflet1e\'OT tho Building Inspector has reasonable grounds to belicvo that work on an) llliilding or structme is being prosecuted in violation oftha provisions of the Uniform Code or othor applicable building la'Ns, ordinances or regulations and not in conformity with tho pro','isions of an applieation, plans or specifications on the basis of which a building permit was issued, or in an ~msafe and dangerous manner, he shall notify the owner oftRe property, or tRe oVlAer's agent, or the person performing the work, to suspend all .....orle, aJ~d any SUCR persons shall forthwith stop such work and suspend all building activities <Inti 1 the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions undcr whieh tRe work may be resUI'ncd and may be sen cd <lpon a person to whom it is directed ei:her by deli'.'Cfing it personally to him or by posting the same <lpon a conspicuous portion of the b<lilding ander construction and sending a copy oftRe same by certified !flflih- D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop work order issued by the Building Inspector. 0144-13. Stop Work Orders. orders. A. The Building Inspector is authorized to issue Stop Work Orders pursuant to this section. The Building Inspector shall issue a Stop Work Order to halt: (I) any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the 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 oCthe 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 Pemlit has or has not been issued for such work: or (3) any work for which a Building Pemlit is required which is being perfomled without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked B. Stop Work Orders shall: (I) be in writing be dated and signed by the Building Inspector state the reason or reasons for issuance if applicable, state the conditions which must be satisfied before work 0144-14. Right of entry. -11- Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. S 144-15. Certificate of occupancy required; application. A. No building hereafter erected shall be used or occupied in whole or in part until a certi ficate of occupancy shall havc bccn 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 building permit, shall be occupied or used unless a certi ficate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of occupancy of an existing building unless a certi ficate 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 his application and before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector an affidavit of the registered architect or licensed professional engineer who flIed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the building contractor who supervised the work and who, by reason of his experience, is qualifled to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined and approved plans of the structure for which a certiflcate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and Energy Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specifled iu the affidavit. S 144-16. Inspection prior to issuance of certificate; records. A. Before issuing a certiflcate of occupancy, the Building Inspector shall examine or cause to be examined all building, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or 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 building pernlit has been issued. B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energy CQde, and other applicable laws. S 144-17. Issuance of certificate of occupancy. A. Wlwn, after final inspection, it is found that the proposed work has been completed iR accordance with the URiform Code aRd other applicable building laws, ordiRaRces aRd regulatioRs, aRd also in accordaRce with the application, plans aRd speciflcatioRs filed iR connection with the issuaRee of the buildiRg pernlit, the Buildinb Inspector, upon the payment of the fees specified in ~ 280 151 of the Tov,'}! Code, shall issue a certificate of occupancy apon the form proyided by him. If it is f{)tlfld that the proposed '.York has not been properly completed, the BuildiRb IRspeetor shall refuse to issue a certificate of occHpaRey and shall order the work completed iR eORformity with the buildiRg permit aHd iR cORformity with the Uniform Code, and other applieable bl1ilding rebulations. [:\mended B B 1989 by L.L. No. 10 1989] B. The certificate of occupancy shall certify that the work has been complctcd aHd that the proposed use and occupancy is in confonnity with the provisions of the URiform Code aRd other applicable bailding laws, ordinanees and regulations, and shall specify the Hse or uses and the exteRt thereof to which the building or stmctl1re or its several parts may be put. A. The Building Inspector shall issue a Certificate of Occupancy if the work which was the subiect of the Building Permit was completed in accordance with all applicable provisions of the Uuiform Code, the Energy Code and, if applicable, that the structure, building or portion thereof that was couverted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and the Energy Code. The Building Inspector shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy. In addition, -12- 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 Building Inspector, at the expense of the applicant for the Certificate ofOccupancv shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancy: (I) a written statement of structural observations and/or a final report of special inspections, and (2) flood hazard certifications. B. A Certificate of Occupancy shall contain the following information: (1) the Building Pemlit number, if any; (2) the date of issuance of the Building Permit, ifany; (3) the name, address and tax map number of the propertv; (4) if the Certificate of Occupancy is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancv is issued; (5) the use and occupancv classification of the structure; (6) the type of construction of the structure; (7) the assembly occupant load of the structure; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler svstem is required; (9) any special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Building Inspector issuing the Certificate ofOccupancv and the date of issuance. SI44-18. Temporary certificates of occupancy; fee. Upon request, and the payment of a fee of ~ $25, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covcred by the building 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 welfare. S 144-19. Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may rcquire the same to be subjected to tests in order to fumish proof of such compliance. S 144-21. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction 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 those remedies shall be in addition to the penalties prescribed in the preceding section. Ill. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, thejudgment shall not affect the validity of this law as a whole or any part thereof other than thc part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have notices that this has appcared as a legal in the local newspaper; I have a communication from the Suffolk County Department of Planning. 'Dear Mrs. Neville, Pursuant to sections of the Suffolk County Administrative Code, this application is not within the jurisdiction of the Suffolk County Planning Commission.' And Ijust, I believe that is the only communications we have in the file. -13- SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular initiative? (No response) Okay, hearing none, can I get a motion to close the hearing? * * * * * * [1tj~O~ Elizabeth A. Neville Southold Town Clerk -14- RECEIVED JAN 2 2 2007 STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 Southold Town Clerk ELIOT SPITZER GOVERNOR January 17, 2007 Lynda M Bohn Southold Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RE: Town of Southold, Local Law 16, 2006, filed on December 28,2006 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 LL:cb WWW.DOS.STATE.NY.US . E-MAIL: INFO@OOS.STATE.NY.US Town of Southold - Letter LL Board Meeting of December 19,2006 RESOLUTION 2006-998 ADOPTED Item # 47 DOC ID: 2413 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-998 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 19,2006: RESOLVED that the Town Board of the Town of South old hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to Chapter 144" is classified as a Tvpe II Action pursuant to SEORA Rules and Rel!:ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ~~Qrpf/L.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated December 20, 2006 Page 71 Town of South old - Letter Board Meeting Oeber 19,2006 RESOLUTION 2006-999 ADOPTED Item # 48 DOC ID: 2415 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-999 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 19,2006: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 21 st day of November, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 144" and WHEREAS the Town Board ofthe Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of The Town of South old hereby ENACTS the Local Law entitled, "A Local Law in relation to Amendments to Chapter 144" reads as follows: LOCAL LAW NO. 16 of2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - To update this Chapter to include State recommendations that will conform the Town's Code with the Energy Code and the Uniform Code and to make current the outdated fee schedule. II. Chapter 144 of the Town Code of the Town of South old is hereby amended as follows: S 144-1. Title. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." Generated December 20, 2006 Page 72 Town of Southold - Letter Board Meeting of December 19,2006 S 144-2. Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January I, 1984, and the State Energy Conservation Construction Code (the Energv Code). which shall take effect on Januarv !, 2007, and which every local government shall administer and enforce on and after such date. It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of Southold. SI44-3. Administration and enforcement officers designated and definitions. A. It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector") to administer and enforce the Uniform Code and the Energv Code and the provisions of this chapter. B. In addition to the Inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) ofthe Uniform Code and the Energv Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24-1998 by 1.1. No. 22-1998] (I) Building Inspectors ofthe Town of South old; (2) The Director of Code Enforcement of the Town of South old; (3) The Engineer Inspector of the Town of Southold; and (4) Building Permits Examiner. [Added 9-17-2001 by L.1. No. 19-2001] (5) Fire Inspector D. For this chapter, the following terms shall include and refer to: "Building Permit" shall include a Building Permit which is renewed, amended or extended pursuant to anv provision of this local law. "Energv Code" shall mean the State Energv Conservation Construction Code. as currently in effect and as hereafter amended. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. Generated December 20, 2006 Page 73 Town of South old - Letter Board Meeting of December 19,2006 "Person" shall include an individual. corporation. limited liabilitv companv. partnership. limited partnership. business trust. estate. trust. association. or anv other legal or commercial entity of any kind or description. ~ 144-4. Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. ~ 144-5. Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and Energv Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof. B. The Building Inspector shall receive. review. and approve or disapprove applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code, Energv Code and other laws, ordinances and regulations governing building construction. C. The Iltlilding Inspeetor shall isstle all appropriate notiees or orders to remer,e illegal or oosafe eonditions, to reqtlire the neeessary safcgllards dtlring eonstruction and to enstlre eomplianee dHring the entire e811rse of eOAstruetion with the reqllirements ofthe Unif-e[ffi Code and other applieaele laws, ordinanees or regtllations. He shall make all inspeetions whieh are neeessary or proper for the earrying om of his dllties. C. The Building Inspector shall conduct construction inspections. inspections to be made prior to the issuance of Certificates of Occupancv. fire safetv and propertv maintenance inspections. inspections incidental to the investigation of complaints. and all other inspections required or permitted under anv provision of this local law; (l.)to issue Stop Work Orders; (2.)to review and investigate complaints; (3.)to maintain records; (4.)to collect fees as set bv the Town Board of the Town of South old; (5.)to pursue administrative enforcement actions and proceedings; (6.)in consultation with this Town's attornev. to pursue such legal actions and proceedings as may be necessarv to enforce the Uniform Code. the Energv Code. and this local law. or to abate or correct conditions not in compliance with the Uniform Code. the Energv Code or this local law; and Generated December 20, 2006 Page 74 Town of Southold - Letter Board Meeting of December 19, 2006 (7.) to exercise all other powers and fulfill all other duties conferred upon the Building Inspector bv this local law. D. The Building Inspector shall possess background experience related to building construction or fire prevention and shall. within the time prescribed bv 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 shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. 9.E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. F. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including all aJ3rlieatiolls reeeiyed, pel'ffiits and eertificates issHed, f-ses charged and ealleeted, illspeetioll rererts, IlflEllletiees and erders issHed. ;.11 sHeh r6eems saall be Imblie reeards, apell to pHhlie illspeetioll dHfillg bHsilless aOHrs. records of: (I) all applications received. reviewed and approved or denied: (2) all plans. specifications and construction documents approved: (3) all Building Permits. Certificates ofOccupancv. and Stop Work Orders issued: (4) all inspections and tests performed: (5) all statements and reports issued: (6) all complaints received: (7) all investigations conducted: (8) all fees charged and collected. G. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures. or appurtenances thereto. shall be retained for at least the minimum time period so required bv State law and regulation. B. H. Program review and reporting. ill The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. (2) The Building Inspector shall. annuallv. submit to the SecretarY of State. on behalf of this Town. on a form prescribed bv the SecretarY of State. a report of the activities of this Town. relative to administration and enforcement ofthe Uniform Code. (3) The Building Inspector shall. upon request of the New York State Department of State. provide to the New York State Department of State. from the records and related materials in this Town is required to maintain. excerpts, summaries, tabulations, statistics and other Generated December 20, 2006 Page 75 Town of Southold - Letter Board Meeting of December 19,2006 information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. I. The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to complv with the Uniform Code, the Energv Code, this local law, or anv other law or regulation adopted for administration and enforcement of the Uniform Code or the Energv Code. The process for responding to a complaint shall include such ofthe following steps as the Building Inspector mav deem appropriate: (I) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) if a violation is found to exist, providing the owner of the affected propertv and anv other person who mav be responsible for the violation with notice of the violation and opportunitv to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code: (3) if appropriate, issuing a Stop Work Order: (4) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. S 144-6. Reeonls and reports. Inspections Required. A. Construction Inspections (I). Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted bv the Building Inspector. The Permit Holder shall notify the Building Inspector when anv element of work described in subdivision (2) of this section is readv for inspection. (2) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: a. work site prior to the issuance of a Building Permit; b. footing and foundation: c. preparation for concrete slab: d. framing: e. building systems, including underground and rough-in; f. fire resistant construction: g. fire resistant penetrations; h. solid fuel burning heating appliances, chimnevs, flues or gas vents: I. Energv Code compliance; and J. a final inspection after all work authorized bv the Building Permit has been completed. (3) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactorv as completed, Generated December 20, 2006 Page 76 Town of Southold - Letter Board Meeting of December 19,2006 or the Permit Holder shall be notified as to where the work fails to complv with the Uniform Code or Energv Code. Work not in compliance with any applicable provision of the Uniform Code or Energv Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energv Code. re-inspected. and found satisfactory as completed. B. Fire Safety and Property Maintenance Inspections (I) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed bv the Building Inspector at the following intervals: (a) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assemblv shall be performed at least once everv twelve (12) months. (b) Fire safety and Propertv maintenance inspections of all multiple dwellings not included in paragraph (a) of this subdivision. and all non-residential buildings. structures. uses and occupancies not included in paragraph ( a) of this subdivision. shall be performed at least once every thirty-six (36) months. (2) Inspections permitted. In addition to the inspections required bv subdivision (I) of this section. a fire safety and property maintenance inspection of any building. structure. use. or occupancy. or of any dwelling unit. may also be performed bv the Building Inspector at any time upon: ( a) the request of the owner of the property to be inspected or an authorized agent of such owner: (b) receipt bv the Building Inspector of a written statement alleging that conditions or activities failing to complv with the Uniform Code or Energv Code exist: or (c) receipt bv the Building Inspector of any other information. reasonablv believed bv the Building Inspector to be reliable. giving rise to reasonable cause to believe that conditions or activities failing to complv with the Uniform Code or Energv Code exist: provided. however. that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required. unless such court order or warrant shall have been obtained. (d) OFPC inspections. Nothing in this section or in any other provision of this local law shall supersede. limit or impair the powers. duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law section 156-e and Education Law section Generated December 20,2006 Page 77 Town of Southold - Letter Board Meeting of December 19,2006 807-b. ~ 144-7. Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. ~ 144-8. Building permit required; application for permit. [Amended 5-30-1995 by 1.1. No. 11-1995] A. Building permit required prior to commencement; exceptions. [Amended 12-8- 1998 by 1.1. No. 28-1998; 10-26-1999 by 1.1. No. 17-1999] (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, and Energv Code, except that no building permit shall be required for: (a) Necessary repairs which do not materially affect structural features. (b) Alterations to existing buildings, provided that the alterations: [I] Cost less than $10,000; [2] Do not materially affect structural features; [3] Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; [4] Do not involve the installation of electrical systems; and [5] Do not include the installation of solid fuel-burning heating appliances and associated chimneys and flues. (c) Small noncommercial structures less than 100 square feet in floor area not intended for use BY oae 0r more pcrs0as as quarters f{)r liviag, sleeping, eatiag er cooking; for e),ample, a small storage Bl1ilding. Construction or installation of one-story detached structures associated with one or two-family dwellings or multiple single-familv dwellings (townhouses) which are used for tool and storage sheds, plavhouses or similar uses, provided the gross floor area does not exceed one hundred (100) square feeh (d) installation of swings and other plavground equipment associated with a one or two-familv dwelling or multiple single-family dwellings (townhouses); Generated December 20, 2006 Page 78 Town of Southold - Letter Board Meeting of December 19,2006 (e) installation of swimming pools associated with a one or two- family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (f) installation of fences which are not part of an enclosure surrounding a swimming pool; (g) construction of retaining walls unless such walls support a surcharge or impound Class L II. or IlIA liquids; (h) construction oftemporarv motion picture. television and theater stage sets and scenerv; (j) installation of window awnings supported by an exterior wall of a one or two-familv dwelling or multiple single family dwellings (townhouses); (j) installation of partitions or movable cases less than 5' 9" in height; (1<) painting. wallpapering. tiling. carpeting. or other similar finish work; (I) installation of listed portable electrical. plumbing. heating. ventilation or cooling equipment or appliances; (m) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (n) repairs. provided that such repairs do not involve (J) the removal or cutting away of a loadbearing wall. partition. or portion thereof. or of anv structural beam or load bearing component (2) the removal or change of anv required means of egress. or the rearrangement of parts of a structure in a manner which affects egress; (3) the enlargement. alteration. replacement or relocation of any building system; or (4) the removal from service of all or part of a fire protection system for any period of time. (2) The exemption from the requirement to obtain a building permit for work in any categorv set forth in subdivision (J) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energv Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. [Amended 10-26-1999 by L.L. No. 17-1999] C. 17-1999] Applications. [Amended 3-3-1998 by L.L. No. 2-1998; 10-26-1999 by L.L. No. (I) Every application for a building permit shall be made in writing. on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent ofthe owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable bllildillg eOllatmetioll, HOIlGillg alld Generated December 20, 2006 Page 79 Town of Southold - Letter Board Meeting of December 19,2006 fire 60des requirements of the Uniform Code and the Energv Code. The application shall include or be accompanied bv the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. ( e) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (f) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (j) Construction documents will not be accepted as part of an application for a Building Permit unless thev satisfv the requirements set forth as above. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Building Inspector in writing: or bv stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to Generated December 20, 2006 Page 80 Town of South old - Letter Board Meeting of December 19, 2006 commence work. or as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (k) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a Building Permit. The Permit Holder shall immediatelv notifY the Building Inspector of anv change occurring during the course of work. The Building Permit shall contain such a directive. If the 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. (2) Exception to the requirements set forth in S 144-8C. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniform Code and Energv Code. to verify that both the plans and the construction comply with the Uniform Code and Energy Code at the field inspection stage. D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by s280-a of the Town Law. E. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board. F. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. G. No building permit shall be issued for any building until approval has been received from the Suffolk County Department of Health Services for the proposed water supply and sewage disposal system. H. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant. I. The Building Ins]3eetElr shall, within 10 Business days after the filing of a cemplcte and properly ]3re]3ared Rfl]3lisatien, either issue or deny a Building ]3ermit. If a building ]3ermit is denied, the Building Ins]3estor shall state, in \'oTiting, tEl the aj311lisant the reaSElns for sush denial. J-L Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from Generated December 20, 2006 Page 81 Town of South old - Letter Board Meeting of December 19, 2006 such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new permit shall be required. K,l As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. lo.K. Permit fees. [Amended 5-8-2001 by L.L. No. 9-2001] (I) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund ifthe application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [I] New dwellings and alterations or additions to existing dwellings: $HG $200, plus $l8Q-$0.40 for each square foot of floor area in excess of850 square feet. [2] Accessory buildings and additions or alterations to existing accessory buildings: m $100, plus ~ $0.40 for each square foot of floor area in excess of 500 square feet. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [I] New buildings and additions and alterations to existing buildings: ~$250, plus ~ $0.40 for each square foot of floor area in excess of I ,000 square feet. [2] Accessory buildings and additions and alterations to existing accessory buildings: m $100, plus ~ $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: $-W\J.-$200. (e) In-ground swimming pools, together with required enclosure fencing: ~$250; aboveground swimming pools, together with required enclosure fencing: $HG $250. (f) The permit fee for all signs shall be ~ lliper permit. Generated December 20, 2006 Page 82 Town of Southold - Letter Board Meeting of December 19, 2006 (g) Demolition and/or removal of any building: lli $70 minimum and ~ $0.30 for each square foot in excess of 300 square feet of floor area. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee oflli $50. (3) For the purpose of this Subsection L, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved. the applicant shall be entitled to a refund of 50% of the fee paid within one vear of issuance. provided that no construction has commenced. S 144-9. Issuance or denial of building permit. A. The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events within 10 business days. [Amended 10-26-1999 by L.L. No. 17-1999] B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. C. Upon approval of the application, two 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 offices of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept 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 the requirements ofthe Uniform Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. Generated December 20, 2006 Page 83 Town of South old - Letter Board Meeting of December 19, 2006 S 144-10. Performance of work under permit. A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of 18 months after the date of its issuance. For good cause, the Building Inspector may allow an extension for a period not exceeding six months. B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of South old: [Added 11-6-2003 by 1.1. No. 24-2003] (I) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. (4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. D. Building permits shall be visiblv displaved at the work site and shall remain visible until the authorized work has been completed. ~ 114 II. Building permit f-ces. ,^.. Upon filing of all application fDr a building permit, f-ceD shall be paid in accordancev,.ith ~ 144 8 of the Tovffl Code. [.A.mended 6 6 19896)' 1.1. No. 10 1989] II. In the event that an application f-er a building permit is not approved, the applicant 5hall be entitled to a refund of 50% oftl1e fee paid, provided tl1at no construction l1as Generated December 20, 2006 Page 84 Town of Southold - Letter Board Meeting of December 19,2006 been esmmenseE!. If eenstruetien werk has been started anE! the applicatien is net appreved, the foes paid shall net be refllllded. 9144-12. Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved 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 building permit was based. B. Where he finds that the 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 Energv Code. the Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (!) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energv Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energv Code. and skOlild net ka-ve been issaeE! in accerdance with the applicable la-Vi. 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 building permit has been issued fails or refuses to comply with a stop work order issued by the Building Inspector. 9144-13. Stop Work Orders. erdem. A. The Building Inspector is authorized to issue Stop Work Orders pursuant to this section. The Building Inspector shall issue a Stop Work Order to halt: (!) any work that is determined bv the Building Inspector to be contrarv to anv applicable provision ofthe Uniform Code or the Energv 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) anv work that is being conducted in a dangerous or unsafe manner in the opinion of the 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 Generated December 20, 2006 Page 85 Town of Southold - Letter Board Meeting of December 19, 2006 (3) anv 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 B. Stop Work Orders shall: (1 ) be in writing (2) be dated and signed bv the Building Inspector (3) state the reason or reasons for issuance (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. The Building Inspector shall cause the Stop Work Order, or a copv thereof, to be served on the owner of the affected propertv, and if the owner is not the Permit Holder, on the Permit Holder, personallv or bv certified mail to the owner or Permit Holder and posting at the work site. The Building Inspector shall be permitted, but not required, to cause the Stop Work Order, or a copv thereof, to be served on anv or all of the following: builder, architect, tenant. contractor, subcontractor, construction superintendent, or their agents, or anv other person taking part or assisting in work affected bv the Stop Work Order, personallv or bv certified mail and posting; provided, however, that failure to serve anv person listed above shall not affect the efficacv ofthe Stop Work Order. D. Upon the issuance of a Stop Work Order, the owner ofthe affected propertv, the Permit Holder and anv other person performing, taking part in or assisting in the work shall immediatelv cease all work which is the subiect of the Stop Work Order. E. The issuance of a Stop Work Order shall not be the exclusive remedv available to address anv event described in 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 authoritv to pursue anv other remedv or impose anv other penaltv under anv other applicable local or State law. Anv such remedv or penaltv mav be pursued at anv time, whether prior to, at the time of, or after the issuance ofa Stop Work Order. \Vheneyer the Buihling InsJlector has reasonable grOllfleS to Belicye that work on any Builaing or structure is Being JlrosecHted in '/iolation of the Jlrovisions of the Uniform Code or other applicable BHilaing laVIS, ordinances or regHlations and not in conformity with the Jlroyisions of an llJlJllication, Jllans or specifications on the Basis of which a building Jlermit 'Nas issHed, or in an Hnsafe ana dangefBus manner, he shall notify the ovmer of the Jlroperty, or the owner's agent, or the person performing the work, to suspend all 'Nork, and any such persons shall forthwith stop sHch worle and suspend all Buihling activities until the stop order has Been rescinded, SHch order ane notice shall be in writing, shall state the conditions Hnaer which the work may be reslimed and may be scrved lij'lon a person to whom it is airected either by delivering it personally to him or by posting the same Hpon a conspiclioHS portion of the Bliilding Hnder construction and sending a cop)' of the same b)' certifiea mail. Generated December 20, 2006 Page 86 Town of South old - Letter Board Meeting of December 19,2006 ~144-14. Right of entry. Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. ~ 144-15. Certificate of occupancy required; application. 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 building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of 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 his application and before the issuance of a certificate of occupancy, there shall be filed by 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 building contractor 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 and approved plans of the structure for which a certificate of occup!mcy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and Energv Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. ~ 144-16. Inspection prior to issuance of certificate; records. A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all building, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or 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 building permit has been issued. B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energv Code, and other applicable laws. ~ 144-17. Issuance of certificate of occupancy. Generated December 20, 2006 Page 87 Town of South old - Letter Board Meeting of December 19, 2006 A. When, after final inspeetisn, it is fstlfld that the prspssed werk has been eOffiJlleted in aeesrdanee with the Uniform Csde ana sther applieable llllilding laws, sr.ainanees and regldations, and a1ss in aeesrdanee '.Vitll the applieatisn, plans and S)leeifieatisns mea in e8lmeetisn with the issllanee sfthlllmilding permit, the Bllilaing Inopectsr, tifJsn the payment sf tfte fues specified in ~ 289 15~ afthe Town Code, shall isslle a eertifieate ofoeetifJaney IIpon the f-erm provided by him. If it is fOllnd that the pfspased '.york has not been preperly cempleiea, tile Bllilding Inspeetsr shall refuoe te iSSlle a eertifieate ef esstifJancy and shall erder the 'Nerk ceffiJlleted in eenfermity with the bllilaing permit and in eenf-ermity with the Uniferm Cede, and ether applicable bllilding reglllations. [;'<mended Ii Ii 1989lJy 1.1. Ne. I () 1989] B. The eertifieate ef ecetifJancy shall certifY that the werk has seen eempleted ana tftat tile pf8pesea lIoe and eeellJlane)' is in eenfermity with the previsiens ef the Unifefffi Ceae and ether applieasle bllilding laws, erdinanells and reglllatiens, and shall speeify the IIse er IIses and tfte (,mieflt theFllefte '."hieh the sllildiflg er stmctllre ar iis several parts may se put. A. The Building Inspector shall issue a Certificate of Occupancy if the work which was the subiect of the Building Permit was completed in accordance with all applicable proyisions of the Uniform Code. the Energy Code and. if applicable. that the structure. building or portion thereof that was conyerted from one use or occupancy classification or subclassification to another complies with all applicable proyisions of the Uniform Code and the Energy Code. The Building Inspector shall inspect the building. structure or work prior to the issuance of a Certificate of Occupancy. In addition. where applicable. the following documents. prepared in accordance with the proyisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspecter. at the expense of the applicant for the Certificate of Occupancy shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancy: (!) a written statement of structural observations and/or a final report of special inspections. and (2) flood hazard certifications. B. A Certificate of Occupancy shall contain the following information: (!) the Building Permit number. if any; (2) the date of issuance of the Building Permit. if any; (3) the name. address and tax map number of the property; (4) if the Certificate of Occupancy is not applicable to an entire structure. a description of that portion of the structure for which the Certificate of Occupancy is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the assembly occupant load of the structure; Generated December 20, 2006 Page 88 Town of Southold - Letter Board Meeting of December 19, 2006 (8) if an automatic sprinkler svstem is provided. a notation as to whether the sprinkler svstem is required: (9) anv special conditions imposed in connection with the issuance of the Building Permit: and (10) the signature of the Building Inspector issuing the Certificate of Occupancv and the date of issuance. g 144-18. Temporary certificates of occupancy; fee. Upon request, and the payment of a fee of ~ $25, 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 building 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 welfare. gI44-19. Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. g144-21. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction 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 those remedies shall be in addition to the penalties prescribed in the preceding section. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. ~atf...;.I... Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] Generated December 20, 2006 Page 89 Town of Southold - Letter Board Meeting of December 19, 2006 MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated December 20, 2006 Page 90 NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET. ALBANY. NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. CBlKlt:, Git;' Town of ',Tillage SOUTHOLD LOCALLAWNO.160f2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To update this Chapter to include State recommendations that will conform the Town's Code with the Energy Code and the Uniform Code and to make current the outdated fee schedule. II. Chapter 144 of the Town Code of the Town of South old is hereby amended as follows: ~144-1. Title. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." ~ 144-2. Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January I, 1984, and the State Energy Conservation Construction Code (the Energy Code), which shall take effect on January I, 2007, and which every local government shall administer and enforce on and after such date. It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of Southold. ~ 144-3. Administration and enforcement officers designated and definitions. A. It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector") to administer and enforce the Uniform Code and the Energy Code and the provisions of this chapter. B. In addition to the Inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.ll/99) serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24-1998 by L.L. No. 22-1998] (1) Building Inspectors ofthe Town of South old; (2) The Director of Code Enforcement of the Town of Southold; (3) The Engineer Inspector of the Town of South old; and (4) Building Permits Examiner. [Added 9-17-2001 by L.L. No. 19-2001] (5) Fire Inspector D. For this chapter, the following terms shall include and refer to: "Building Permit" shall include a Building Permit which is renewed, amended or extended pursuant to any provision ofthis local law. "Energy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. "Person" 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. S 144-4. Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. S 144-5. Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and Energy Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof. B. The Building Inspector shall receive, review, and approve or disapprove applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code, Energy Code and other laws, ordinances and regulations governing building construction. 2 C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of 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 local law; (I.)to issue Stop Work Orders; (2.)to review and investigate complaints; (3.)to maintain records; (4.)to collect fees as set by the Town Board ofthe Town of South old; (5.)to pursue administrative enforcement actions and proceedings; (6.)in consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and (7.)to exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this local law. D. The 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 shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. F. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including records of: (I) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy, and Stop Work Orders issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all fees charged and collected. G. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. H. Program review and reporting. (I) The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. (2) The Building Inspector shall, annually, submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town, relative to administration and enforcement of the Uniform Code. 3 (3) The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials in this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. 1. The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem appropriate: (1) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) if a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code; (3) if appropriate, issuing a Stop Work Order; (4) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. 9144-6. Inspections Required. A. Construction Inspections (1). Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector. The Permit Holder shall notify the Building Inspector when any element of work described in subdivision (2) of this section is ready for inspection. (2) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: a. work site prior to the issuance of a Building Permit; b. footing and foundation; c. preparation for concrete slab; d. framing; e. building systems, including underground and rough-in; f. fire resistant construction; g. fire resistant penetrations; h. solid fuel burning heating appliances, chimneys, flues or gas vents; 1. Energy Code compliance; and J. a final inspection after all work authorized by the Building Permit has been completed. (3) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions ofthe Uniform Code and the Energy Code, re- 4 inspected, and found satisfactory as completed. B. Fire Safety and Property Maintenance Inspections (I) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector at the following intervals: (a) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months. (b) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraph (a) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraph (a) ofthis subdivision, shall be performed at least once every thirty-six (36) months. (2) Inspections permitted. In addition to the inspections required by subdivision (1) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector at any time upon: (a) the request of the owner of the property to be inspected or an authorized agent of such owner; (b) receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or ( c) receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (d) OFPC inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b. 9144-7. Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. 9144-8. Building permit required; application for permit. [Amended 5-30-1995 by L.L. No. 11-1995] A. Building permit required prior to commencement; exceptions. [Amended 12-8-1998 by L.L. No. 28-1998; 10-26-1999 by L.L. No. 17-1999] 5 (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, and Energy Code, except that no building permit shall be required for: (a) Necessary repairs which do not materially affect structural features. (b) Alterations to existing buildings, provided that the alterations: [1] Cost less than $10,000; [2] Do not materially affect structural features; [3] Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; [4] Do not involve the installation of electrical systems; and [5] Do not include the installation of solid fuel-burning heating appliances and associated chimneys and flues. (c) 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 one hundred (100) square feet; (d) installation of swings and other playground equipment associated with a one or two-family dwelling or multiple single-family dwellings (townhouses); (e) installation of swimming pools associated with a one or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth ofless than 24 inches and are installed entirely above ground; (f) installation offences which are not part of an enclosure surrounding a swimming pool; (g) construction of retaining walls unless such walls support a surcharge or impound Class I, II, or IIIA liquids; (h) construction of temporary motion picture, television and theater stage sets and scenery; (i) installation of window awnings supported by an exterior wall of a one or two- family dwelling or multiple single family dwellings (townhouses); G) installation of partitions or movable cases less than 5' 9" in height; (k) painting, wallpapering, tiling, carpeting, or other similar finish work; (I) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (m) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (n) repairs, provided that such repairs do not involve (1) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (2) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (3) the enlargement, alteration, replacement or relocation of any building system; or (4) the removal from service of all or part of a fire protection system for any period of time. (2) The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (1) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. 6 B. Any building permit issued in violation ofthe provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. [Amended 10-26-1999 by L.L. No. 17-1999] C. Applications. [Amended 3-3-1998 by L.L. No. 2-1998; 10-26-1999 by L.L. No. 17-1999] (I) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or ofthe lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. ( c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (e) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (f) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. G) Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth as above. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set ofthe accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted 7 construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (k) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a Building Permit. The Permit Holder shall immediately notify the Building Inspector of any change occurring during the course of work. The Building Permit shall contain such a directive. If the 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. (2) Exception to the requirements set forth in 9 I 44-SC. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniform Code and Energy Code, to verify that both the plans and the construction comply with the Uniform Code and Energy Code at the field inspection stage. D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by 92SO-a of the Town Law. E. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board. F. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. G. No building permit shall be issued for any building until approval has been received from the Suffolk County Department of Health Services for the proposed water supply and sewage disposal system. H. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant. 1. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within IS months from such date. Ifno zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension ofthe permit for an additional six months. Thereafter, a new permit shall be required. J. As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines ofthe lot. No further construction shall be performed until such survey is approved by the Building Inspector. K. Permit fees. [Amended 5-S-2001 by L.L. No. 9-2001] (I) The following fees shall be paid upon the filing of an application with the Building 8 Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [I] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area in excess of 850 square feet. [2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in excess of 500 square feet. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [I] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area in excess of 1,000 square feet. [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $70 minimum and $0.30 for each square foot in excess of 300 square feet of floor area. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. (3) For the purpose of this Subsection L, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of50% of the fee paid within one year of issuance, provided that no construction has commenced. S 144-9. Issuance or denial of building permit. A. The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events within 10 business days. [Amended 10-26-1999 by L.L. No. 17-1999] B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. c. Upon approval of the application, two sets of plans and specifications shall be endorsed with the 9 word "approved." One set of such approved plans and specifications shall be retained in the offices of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept 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 the requirements of the Uniform Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. S 144-10. Performance of work under permit. A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of 18 months after the date of its issuance. For good cause, the Building Inspector may allow an extension for a period not exceeding six months. B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of Southold: [Added 11-6-2003 by L.L. No. 24-2003] (1) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. (4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. D. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. S 144-12. Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: 10 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 building permit was based. B. Where he finds that the 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 Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. 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 building permit has been issued fails or refuses to comply with a stop work order issued by the Building Inspector. 9144-13. Stop Work Orders. A. The Building Inspector is authorized to issue Stop Work Orders pursuant to this section. The Building Inspector shall issue a Stop Work Order to halt: (1) any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the 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 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 B. Stop Work Orders shall: (1) be in writing (2) be dated and signed by the Building Inspector (3) state the reason or reasons for issuance (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. The Building Inspector shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property, and ifthe owner is not the Permit Holder, on the Permit Holder, personally or by certified mail to the owner or Permit Holder and posting at the work site. The Building Inspector shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any or all of the following: 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 certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the Stop Work Order. 11 D. Upon the issuance ofa 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 ofthe Stop Work Order. E. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in 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 any other applicable local or State law. Any such 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. 9144-14. Right of entry. Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. 9144-15. Certificate of occupancy required; application. 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 building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of 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 his application and before the issuance of a certificate of occupancy, there shall be filed by 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 ofthe building contractor 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 and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and Energy Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. 9144-16. Inspection prior to issuance of certificate; records. A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all building, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or 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 building permit has been issued. 12 B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energy Code, and other applicable laws. 9144-17. Issuance of certificate of occupancy. A. The Building Inspector shall issue a Certificate of Occupancy if the work which was the subj ect of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or sub-classification to another complies with all applicable provisions of the Uniform Code and the Energy Code. The Building Inspector shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy. 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 Building Inspector, at the expense of the applicant for the Certificate of Occupancy shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancy: (I) a written statement of structural observations and/or a final report of special inspections, and (2) flood hazard certifications. B. A Certificate of Occupancy shall contain the following information: (I) the Building Permit number, if any; (2) the date of issuance ofthe Building Permit, if any; (3) the name, address and tax map number of the property; (4) if the Certificate of Occupancy is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the assembly occupant load of the structure; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (9) any special conditions imposed in connection with the issuance of the Building Permit; and (IO)the signature of the Building Inspector issuing the Certificate of Occupancy and the date of Issuance. 9144-18. Temporary certificates of occupancy; fee. Upon request, and the payment of a fee of $25, 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 building 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 welfare. 9144-19. Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. 13 9144-21. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction 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 those remedies shall be in addition to the penalties prescribed in the preceding section. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 14 (Complete the certification in the paragraph that applies to the filing ofthis local law and strike ont that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. _16_ of20 ~ of the (Co an!) )(Ci!) ) (Town) C/illago) of SOUTHOLD was duly passed by the TOWN BOARD on December 19, 20 ~, in accordance with the applicable provisions oflaw. 2. (passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Execntive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of on disapproval) by the in accordance with the applicable provisions oflaw. of20 was duly passed by the 20 _, and was (approved)(not approved)(repassed after and was deemed duly adopted on 20_, 3. (Final adoption by referendnm.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20_, and was (approved)(not approved)(repassed after disapproval) by the on 20. Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20_ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. (County)(City)(Town)(Village) of 20 of the of was duly passed by the on 20, and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , III accordance with the applicable provisions oflaw. · Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 15 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 _, became operative. 6. (County local law concerniug adoptiou of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. ~Q.~ Clerk of the County egislative body. City. wn or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: December 26, 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other anthorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law c nt ins the correct text and that all proper proceedings have been had or taken for the enactment of the local law ann xe hereto. Si ature P ricia A. Finnegan, Esq.,...T CfHfflt:, G;ty Town of SOUTHOLD '.'illagB December 26, 2006 Date: 16 r #8149 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 14th day of December. 2006. ~ ./J~h2<1 Principal Clerk (/ II./J/t (j Sworn to before me this 2006 Ij day of If ;(}G Cc\ u/m!JL (f)/vj) U CHRI~,>:"'A \}(."'LlNSKI NOTApv .'::'.,1 iC <:l)(.,n:: OF NEW YORK "L. _ ': _"(V~ 05050 ~1\:~];IHE~C ft, ,::'1;'( :'-~ County COrfl!''"S':O:'; t .,'c _, ~';,.;~tj~;'.; 28, 2008 r LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York. on the 21st day of November, 2006 a Local Law entitled "A '__I I.... in relatinu to Amend. mentli to C~nf"r 144" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will bold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, SouthoJd, New York, on the .1201 ~ of De(:UIber. 2006 at 5:00 o.m. at which time aU interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A 1......1 Lnr ill relation to Am.-nll_enu to Cb..Dfer 144" reads as follows: LOCAl. I,AW NO. 2006 A Local Law entitled, "A IAll'.lII I.aw in relation to ..me...t....nts to Chanter ~ BE IT ENACI'ED by the Town Board of the Town of Southold as fol. lows: I. Purpose - To update this Chapter to include State recommendations that will conform the Town's Code with the Energy Code and the Uniform Code and to make current the outdated fee schedule. n. Chapter 144 of the Town Code of the Town of Southold is hereby amend- ed as follows: ~144-1. TItle. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." 1144-2. Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform FIre Prevention and Build- ing Code (Uniform COOe), which shall take effect on January 1, 1984, ~ Stat~ Rnerov C'nnserv:.tion C'nnstmc_ tion C'.ncIe (the Fnp-rPv Code) which shall bike effect on Januarv 1 71107 and which every local government shall ad- minister and enforce on and after such date. It is the purpose of this chapter to provide for the administration and en- forcement of the Uniform Code in the Town of Southold. U44-3. Administration and enforce. ment officers designated and defini~ tions. A. It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector") to administer and enforce the Uniform Code ~ Ene:rRV rnrlp and the provisions of this chapter. B. In addition to the Inspectors., as provided by Subsection A of this sec- tion, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be rec- ommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be re- imbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefore by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspec- tions for compliance with the fire pre- vention provisions (Chapter C) of the Uniform COOe and the FnerPv C.ode. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Build- ing Inspector. C. For this chapter, the term "Build- ing Inspector" shall include and refer to: [Added 11-24-1998 by L.L. No. 22- 1998J (1) Building Inspectors of the Town of Southold; (2) The Director of Code Enforce- ment of the Town of Southold; (3) The Engineer Inspector of the Town of Southold; and (4) Building Permits Examiner. [Added 9-17-2001 by L.L.No.19-200IJ (5) Fire Insoector D. For thiR chanter tbe followinr tennR sh:.n include and refer to. "Building Permit" shall include a Buildinp Pennit which is renewed amP-Riled or extended nursuant to any orovision of this local law. "EnerRV ("..ode" shall mean the State Enerp"v C'nnRervation CnnRtruction See Legals, next page . LEGAL NOTICE . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21 st day of November, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 144" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 19th day of December. 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - To update this Chapter to include State recommendations that will conform the Town's Code with the Energy Code and the Uniform Code and to make current the outdated fee schedule. II. Chapter 144 of the Town Code of the Town of South old is hereby amended as follows: 9144-1. Title. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." 9144-2. Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation ofa Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January I, 1984, and the State Energv Conservation Construction Code (the Energv Code), which shall take effect on Januarv I. 2007, and which every local government shall administer and enforce on and after such date. [t is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of South old. 9144-3. Administration and enforcement officers designated and definitions. -1- . . A. It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector") to administer and enforce the Uniform Code and the Energy Code and the proyisions of this chapter. B. In addition to the Inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term "Building Inspector" shall include and refer to: [Added I I -24-1998 by L.L. No. 22-1998] (I) Building Inspectors of the Town of South old; (2) The Director of Code Enforcement of the Town of Southold; (3) The Engineer Inspector of the Town of South old; and (4) Building Permits Examiner. [Added 9-17-2001 by L.L. No. 19- 2001] (5) Fire Inspector D. For this chapter, the following terms shall include and refer to: "Building Permit" shall include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law. "Energy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. "Person" shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust. estate, trust, association, or any other legal or commercia] entity of any kind or description. 9144-4. Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. 9] 44-5. Powers and duties of Building Inspector. -2- A. apt as otherwise specifically provided tPtaw, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and Energv Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof. B. The Building Inspector shall receive, review, and approve or disapprove applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code, Energv Code and other laws, ordinances and regulations governing building construction. C. The BuildiRg Inspector shall issue all appro]3riate notiees or orders to remove illegal or HRsaf-e eonditioRs, to require the neeessary safeguards dtlring construetion and to ensure compliaRee during the entire course of eonstruction ':lith the reqHirements of the Uniform Code and other applieable laws, ordinfrRees or regulations. He shall make all inspections which are neeessary or profler for the carrying Otlt of his dtlties. C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of 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 local law; (I.) to issue Stop Work Orders; (2.)to review and investigate complaints; (3.) to maintain records; (4.)to collect fees as set bv the Town Board of the Town of South old; (5.)to pursue administrative enforcement actions and proceedings; (G.)in consultation with this Town's attorney. to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code. the Energv Code. and this local law. or to abate or correct conditions not in compliance with the Uniform Code. the Energv Code or this local law; and (7.)to exercise all other powers and fulfill all other duties conferred upon the Building Insoector bv this local law. D. The Building Inspector shall oossess background experience related to building construction or fire prevention and shalL within the time prescribed bv 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 shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. 9.E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. -3- F. "BUilding Inspector shall keep perman. official records of all transactions and activities conducted by him, including all applieations receivea, J'lermits and ccrti ficates isslled, fees cRarged and eollected, in5J'leetion reports, and notices and orders issued. }.!l SIlCR records 5Ralllle publie records, open to J'llllllic inspection dllring business hours. records of: (1) all applications received, reviewed and approved or denied: (2) all plans, specifications and construction documents approved: (3) all Building Permits, Certificates ofOccupancv, and Stop Work Orders issued: (4) all inspections and tests performed: (5) all statements and reports issued: (6) all complaints received: (7) all investigations conducted: (8) all fees charged and collected. G. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required bv State law and regulation. B. H. Program review and reporting. ill The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. (2) The Building Inspector shall, annuallv, submit to the Secretarv of State, on behalf of this Town, on a form prescribed bv the Secretarv of State, a report of the activities of this Town, relative to administration and enforcement of the Uniform Code. (3) The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials in this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. r. The Building Inspector shall revicw and investigate complaints which allege or assert the existence of conditions or activities that fail to complv with the Uniform Code, the Energv Code, this local law, or anv other law or regulation adopted for administration and enforcement of the Uniform Code or the Energv Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector mav deem appropriate: (1) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection: (2) if a violation is found to exist, providing the owner of the affected propertv and anv other person who mav be responsible for the violation with notice of the violation and opportunitv to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code: (3) if appropriate, issuing a Stop Work Order: (4) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final -4- written report rAting such abatement or correction, an_ling such report with the complaint. 9144-6. Records Bfld reports. Inspections Required. A. Construction Inspections (I). Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the building Inspector. The Permit Holder shall notify the Building Inspector when any element of work described in subdivision (2) of this section is ready for inspection. (2) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: a. work site prior to the issuance of a Building Permit b. footing and foundation; c. preparation for concrete slab; d. framing; e. building systems, including underground and rough-in: f. fire resistant construction; g. fire resistant penetrations: h. solid fuel burning heating appliances, chimneys, flues or gas vents; 1. Energy Code compliance: and J. a final inspection after all work authorized by the Building Permit has been completed. (3) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energv Code. Work not in compliance with anv applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energv Code. re-inspected, and found satisfactory as completed. B. Fire Safetv and Property Maintenance Inspections (I) Inspections required. Fire safety and propertv maintenance inspections of buildings and structures shall be performed by the Building Inspector at the following intervals: (a) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months. (b) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraph (a) ofthis subdivision, and all non- residential buildings, structures, uses and occupancies not included in paragraph (a) of this subdivision, shall be performed at least once every thirty-six (36) months. -5- . . (2) Inspections permitted. In addition to the inspections required bv subdivision (I) ofthis section, a fire safetv and propertv maintenance inspection of anv building, structure, use, or occupancv, or of anv dwelling unit, mav also be performed bv the Building Inspector at anv time upon: (a) the request of the owner of the propertv to be inspected or an authorized agent of such owner; (b) receipt bv the Building Inspector of a written statement alleging that conditions or activities failing to complv with the Uniform Code or Energv Code exist: or (c) receipt bv the Building Inspector of anv other information, reasonablv bclieved bv the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to complv with the Uniform Code or Energv Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under anv circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (d) OFPC inspections. Nothing in this section or in anv other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b. {I 144-7. Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. {l144-8. Building permit required; application for permit. [Amended 5-30-1995 by L.L. No. 11-1995] A. Building permit required prior to commencement; exceptions. [Amended 12-8-1998 by L. L. No. 28-1998; 10-26-1999 by L.L. No. 17-1999] (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, and Energv Code, except that no building permit shall be required for: -6- ~ Necessary repairs which do not m.ally affect structural features. (b) Alterations to existing buildings, provided that the alterations: [I] Cost less than $10,000; [2] Do not materially affect structural features; [3] Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and Exits; [4] Do not involve the installation of electrical systems; and [5] Do not include the installation of solid fuel-burning heating appliances and associated chimneys and flues. (c) Small lloncommercial structures less than 100 square feet ill floor area flot iRtellded felf ase BY one or more persells as quarters for liviRg, sleepillg, eatillg or eookiRg; for example, a small sterage Buildiflg. Construction or installation of one-storv 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 one hundred (100) square feet, (d) installation of swings and other playground equipment associated with a one or two-family dwelling or multiple single-family dwellings (townhouses); (e) installation of swimming pools associated with a one or two- family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth ofless than 24 inches and are installed entirely above ground; (I) installation of fences which are not part of an enclosure surrounding a swimming pooL (g) construction of retaining walls unless such walls support a surcharge or impound Class 1, II, or lIlA liquids; (h) construction of temporary motion picture, television and theater stage sets and scenery; (i) installation of window awnings supported by an exterior wall of a one or two-family dwelling or multiple single family dwellings (townhouses ); (i) installation of partitions or movable cases less than 5' 9" in height; (k) painting, wallpapering, tiling, carpeting, or other similar finish work; (I) installation onisted portable electricaL plumbing, heating, ventilation or cooling equipment or appliances; (m) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (n) repairs, provided that such repairs do not involve (!) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (2) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (3) the enlargement, alteration, replacement or relocation of any building system; or (4) the removal from service of all or part of a fire protection system for any period of time. (2) The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (I) of this section shall not be deemed an authorization for work to be performed in violation ofthe Uniform Code or the Energy -7- Code. All work~uctures and buildings must comply wMPthe provisions of Chapter 280, Zoning, of the Southold Town Code. B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance ofa permit in violation of the provisions of this chapter shall be invalid. [Amended 10-26-1999 by L.L. No. 17-1999] C. Applications. [Amended 3-3-1998 by L.L. No. 2-1998; 10-26-1999 by L.L. No. 17-1999] (1) Every application for a building permit shall be made in writing, on a form provided bv or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable imildiflg eonstructiofl, hOHsing afld fire codes requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, ifany, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (e) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (f) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. -8- . . (h) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. Ii) Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth as above. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted bv the Building Inspector in writing or bv stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However. the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work. or as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. Ik) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a Building Permit. The Permit Holder shall immediately notify the Building Inspector of anv change occurring during the course of work. The Building Permit shall contain such a directive. If the 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. (2) Exception to the requirements set forth in 9 1 44-8C. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniforn1 Code and Energv Code. to verify that both the plans and the construction comply with the Uniform Code and Energy Code at the field inspection stage. D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by 9280-a of the Town Law. E. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board. F. No building pern1it shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. -9- L G. .uilding permit shall be issued for anyeilding until approval has been received from the Suffolk County Department of Health Services for the proposed water supply and sewage disposal system. H. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant. 1. The Building Inspector shall, within 10 business days after the filing of a complete and propcrly prepared application, either issue or dcny a Imilding permit. If a building pcrmit is denied, the Building Inspector shall state, in writing, to thc applicant Hie reasons for such denial. Jol Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. Ifno zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new permit shall be required. K.,l As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. b.K. Permit fees. [Amended 5-8-2001 by L.L. No. 9-2001] (I) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [I] New dwellings and alterations or additions to existing dwellings: ~ $200, plus ~$0.40 for each square foot of floor area in excess of 850 square feet. [2] Accessory buildings and additions or alterations to existing accessory buildings: m $100, plus ~ $0.40 for each square foot of floor area in excess of 500 square feet. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [I] New buildings and additions and alterations to existing buildings: ~$250, plus ~ $0.40 for each square foot of floor area in excess of 1,000 square feet. -10- . [2] Accessory buildings and a.tions and alterations to existing accessory buildings: $-B $100, plus ~ $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: $M()-$200. (e) In-ground swimming pools, together with required enclosure fencing: $-BG-$250; aboveground swimming pools, together with required enclosure fencing: mG $250. (f) The permit fee for all signs shall be ~ $75 per permit. (g) Demolition and/or removal of any building: m $70 minimum and ~ $0.30 for each square foot in excess of 300 square feet of floor area. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee ofm $50. (3) For the purpose of this Subsection L, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved. the applicant shall be entitled to a refund of 50% of the fee paid within one vear of issuance. provided that no construction has commenced. 9144-9. Issuance or denial of building permit. A. The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events within 10 business days. [Amended 10-26- 1999byL.L.No.17-1999] B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. C. Upon approval of the application, two 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 offices of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or -11- his auth.ed representative at all reasonable tim. D. [fthe application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the Uniform Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. S 144-10. Performance of work under permit. A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of 18 months after the date of its issuance. For good cause, the Building Inspector may allow an extension for a period not exceeding six months. B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and applicable building laws, ordinances or regulations. All work shall conforn1 to the approved application, plans and specifications. C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of Southold: [Added 11-6-2003 by L.L. No. 24-2003] (I) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. (4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. D. Building: permits shall be visibly displaved at the work site and shall remain visible until the authorized work has been completed. -12- ~ 111 II. BHila permit f-oes. . "^.. Upon filing of an applieation f{)r a Imilding permit, fees shall be paid in accordanee vo'ith ~ 111 8 of the Town Code. [Amended 6 6 1989 by L.L. No. 10 1989] B. In the event that an applieatien for a bHilding permit is not approved, the applieant shall be entitled to a refHlld of 50~(' of the fee paid, provided that no construction has been eommeneed. If eonotfHetion work has been started and the applieation is not approved, the fees paid shall not be refllnded. S 144-12. Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved 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 building permit was based. B. Where he finds that the 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 Energv Code, the Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (]) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energv Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. and should not ha'le been issued in aeeordanee with the applieable 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 building permit has been issued fails or refuses to comply with a stop work order issued by the Building Inspector. S 144-13. Stop Work Orders. orders. A. The Building Inspector is authorized to issue Stop Work Orders pursuant to this section. The Building Inspector shall issue a Stop Work Order to halt: (] ) any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energv 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) anv work that is being conducted in a dangerous or unsafe manner in the opinion of the 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 -13- an work for which a Buildin pe.t is re uired which is bein performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked B. Stop Work Orders shall: (1) be in writing be dated and signed bv the Building Inspector state the reason or reasons for issuance if applicable, state the conditions which must be satisfied before work will be permitted to resume. (2) (3) (4) C. The Building Inspector shall cause the Stop Work Order, or a cop v thereof. to be served on the owner of the affected propertv, and if the owner is not the Permit Holder, on the Permit Holder, personallv or bv certified mail to the owner or Permit Holder and posting at the work site. The Building Inspector shall be permitted, but not required, to cause the Stop Work Order, or a copv thereof, to be served on anv or all of the following: 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 certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the Stop Work Order. D. Upon the issuance ofa 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 subiect of the Stop Work Order. E. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in 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 any other applicable local or State law. Any such 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. Whene'ler the Buildiag Iaspector has reasoaable gfotlflds to believe that werk Ela aay building Elr struetare is being proseeated ia 'liEllatioa of the provisioas of the Uaif-orm Code or other applieable bailding la\'. s, Elrdiaaaees or regulations aad aElt ia eElaformity with the provisions of aa applieation, plans Elr speeifieaticlfls oa the basis of which a bliildiag permit was issued, or ia an linsafe and daagerolis maaner, he shall notify the owaer of the property, or the owaer's ageat, or the persEla performiag the work, to sli8pend all ',vorle, and any such pemoas shall forthwith stop SlieR work and slispead all lmildiag activities liatil the stop order has been reseinded. Saeh order aad aotiee shall be ia writiag, sRall slate the conditioas liader whieh the work may be resamed aad may be served upon a pemoa to wRom it is dirocted either by delivering it persoaally to him or by postiag the saffle lipon a eonSpiCUElllS portioa of the bliildiag under constmetiEla aad sendiag a eopy oftRe same by eertified mail. S 144-14. Right of entry. -14- Any BU.lg Inspector, upon the showing of prof credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. S 144-15. Certificate of occupancy required; application. 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 perfOlmed which required the issuance of a building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of occupancy of an existing building unless a certificatc 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 his application and before the issuance of a certificate of occupancy, there shall be filed by 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 building contractor 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 and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and Energv Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in thc affidavit. S 144-16. Inspection prior to issuance of certificate; records. A. Before issuing a certilicate of occupancy, the Building Inspector shall examine or cause to be examined all building, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or 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 building permit has been issued. B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energv Code, and other applicable laws. S 144-17. Issuance of certificate of occupancy. A. '',Then, after final in5peetion, it is found that the proposed work has been completed in aecordance witH tHe Unif-offii Code and other applicable bHilding laws, ordinances and regulations, and also ill accordancc with the application, plans and specifications filed in cOllneetion with the issuance of the bHilding permit, the BHilding -15- Inspector, upon' payment of the fees specilied in S 28.51 of the Tov,n Code, shaIl issue a certificate of occHpancy upon the form provided by him. Ifit is fmmd that the proposed work has not been properly completed, the BHilding Inspector shaIl refHse to issue a certificate of occHpancy and shaIl order the work completed in conf-ormity with the building permit and in conformity with the Uniform Code, and other applicable building regulations. [,'\mended 6 6 1989 by L.L. 1'10. 10 1989] B. The certificate of occHpallcy shaIl certify that the work has been completed and that the proposed use and occupancy is in eonf-omlity with the provisions of the Uniform Code and other applicable building laws, ordinaflces afld regHlations, and shaIl specify the Hse or Hses and the extent thereof to '?<,hich the building or structure or its sc','eral parts may be pH!. A. The Building Inspector shaIl issue a Certificate ofOccupancv if the work which was the subiect of the Building Permit was completed in accordance with all applicable provisions of the Unifoml Code. the Energy Code and, if applicable, that the stmcture. building or portion thereof that was converted from one use or occupancv classification or subclassilication to another complies with all applicable provisions of the Uniform Code and the Energv Code. The Building Inspector shaIl inspect the building, structure or work prior to the issuance of a Certificate of Occupancv. In addition, where applicable, the foIlowing documents, prepared in accordance with the provisions of the Unifoml Code bv such person or persons as mav be designated bv or otherwise acceptable to the Building Inspector, at the expense of the applicant for the Certificate of Occupancv shaIl be provided to the Building Inspector prior to the issuance of the Certificate of Occupancv: I I) a written statement of structural observations and/or a final report of special inspections. and (2) flood hazard certifications. B. A Certificate ofOccupancv shaIl contain the foIl owing information: 11) the Building Permit number, if anv; (2) the date of issuance of the Building Permit, if anv; (3) the name, address and tax map number of the propertv; (4) if the Certificate of Occupancy is not applicable to an entire structure, a dcscription of that portion of the structure for which the Certificate of Occupancv is issued; (5) the use and occupancv classification of the structure; (6) the type of construction of the structure; (7) the assemblv occupant load of the structure; (8) if an automatic sprinkler svstem is provided, a notation as to whether the sprinkler system is required; (9) any special conditions imposed in connection with the issuance of the Building Permit; and 11 0) the signature of the Building Inspector issuing the Certificate of Occupancy and the date of issuance. S 144-18. Temporary certificates of occupancy; fee. -16- . . Upon request, and the payment of a fee of $H $25, 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 building 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 welfare. 9144-19. Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform wi#! to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. 9144-21. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy ofa building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent j urisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: November 21,2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON DECEMBER 14, 2006, AND FORWARD ONE (I) AFFlDA VIT OF PUBLICA nON TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Planning Board Town Clerk Bulletin Board Town Board Members Building Department Town Attorney Zoning Board of Appeals -17- . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the....t.a..- day of]:)o f'(J iLl aU-A. .' 2006, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH December 19, 2006 @ 5:00 pm ~I-~~ lizabeth A. Nevil e Southold Town Clerk Sworn before m ~ day of LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk Coun!y_ Term Expires March 8, 20~ . Town of South old - Letter . LL Board Meeting of November 21, 2006 RESOLUTION 2006-910 ADOPTED Item # 25 DOC ID: 2287 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-910 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 21, 2006: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of November, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 144" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road. Southold, New York, on the 19th day of December. 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard, and be it further RESOLVED that the Town Clerk be authorized and directed to forward a copy of the proposed Local Law to the Suffolk County Planning Commission and the Southold Town Planning Board for their recommendations. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose - To update this Chapter to include State recommendations that will conform the Town's Code with the Energy Code and the Uniform Code and to make current the outdated fee schedule. Generated November 28, 2006 Page 35 Town of Southold - LettJt Board .eting of November 21, 2006 II. Chapter 144 of the Town Code of the Town of Southold is hereby amended as follows: ~ 144-1. Title. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." ~ 144-2. Purpose. Article 18 ofthe Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January I, 1984, and the State Energv Conservation Construction Code (the Energy Code), which shall take effect on January 1. 2007, and which every local government shall administer and enforce on and after such date. It is the purpose of this chapter to provide for the administration and enforcement of the Uniform Code in the Town of South old. ~144-3. Administration and enforcement officers designated and definitions. A. It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector") to administer and enforce the Uniform Code and the Energv Code and the provisions of this chapter. B. In addition to the Inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24-1998 by L.L. No. 22-1998] (I) Building Inspectors of the Town of South old; (2) The Director of Code Enforcement of the Town of Southold; (3) The Engineer Inspector of the Town of Southold; and (4) Building Permits Examiner. [Added 9-17-2001 by L.L. No. 19-2001] (5) Fire Inspector D. For this chapter. the following terms shall include and refer to: Generated November 28, 2006 Page 36 . Town of South old - Letter . Board Meeting of November 21,2006 "Building Permit" shall include a Building Permit which is renewed. amended or extended pursuant to anv provision ofthis local law. "Energv Code" shall mean the State Energv Conservation Construction Code. as currentlv in effect and as hereafter amended. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. "Person" shall include an individual. corporation. limited liabilitv companv. partnership. limited partnership. business trust. estate. trust. association. or anv other legal or commercial entitv of anv kind or description. 9144-4. Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. 9144-5. Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and Energv Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof. B. The Building Inspector shall receive. review. and approve or disapprove applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code, Energv Code and other laws, ordinances and regulations governing building construction. C. The Builaiag Iasjlecter shall issue all apjlrepriate aotices er Braers to remO'.'e illegal or uaGafe ceaaitioas, te rel'juire the aeceGsary safeguards duriag coastruetiBa ana te ensure eompliaaee duriag the eatire course Bf censtructioa with the requiremeats ef the Uaiform Cede aRd other applicable la.....s, ordinaaces or regulatiBas, He shall make all iaspectioas wilich are aeeessary er proper for the Carr)1ag out Bfhis duties. C. The Building Inspector shall conduct construction inspections. inspections to be made prior to the issuance of Certificates of Occupancv. fire safetv and propertv maintenance inspections. inspections incidental to the investigation of complaints. and all other inspections required or permitted under anv provision of this local law: (1.)to issue Stop Work Orders: (2.)to review and investigate complaints: Generated November 28,2006 Page 37 Town of Southold - Lettef' Board .eting of November 21, 2006 (3.) to maintain records; (4.)to collect fees as set bv the Town Board of the Town of South old; (5.)to pursue administrative enforcement actions and proceedings; (6.)in consultation with this Town's attornev. to pursue such legal actions and proceedings as mav be necessarv to enforce the Uniform Code. the Energv Code. and this local law. or to abate or correct conditions not in compliance with the Uniform Code. the Energv Code or this local law; and (7.)to exercise all other powers and fulfill all other duties conferred upon the Building Inspector bv this local law. D. The Building Inspector shall possess background experience related to building construction or fire prevention and shall. within the time prescribed bv 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 shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. I:).E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. F. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including all applieations reeeived, p8ffilits aRd eeFtifielltes issued, f-ees ellarged and eolleeted, inspeetioR reports, !lIld notiees !lIld orders issuea. .\11 suell reeords sllall be publie reeords, Spell to J3ublie iRSjleetioR during business lIours. records of: (!) all applications received. reviewed and approved or denied; (2) all plans. specifications and construction documents approved; (3) all Building Permits. Certificates ofOccupancv. and Stop Work Orders issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all fees charged and collected. G. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures. or appurtenances thereto. shall be retained for at least the minimum time period so required bv State law and regulation. B. H. Program review and renorting. ill The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. Generated November 28,2006 Page 38 . Town of South old - Letter . Board Meeting of November 21,2006 (2) The Building Inspector shall, annually, submit to the Secretary of State, on behalf of this Town, on a form prescribed bv the Secretary of State, a report ofthe activities of this Town, relative to administration and enforcement ofthe Uniform Code. (3) The Building Inspector shall. upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials in this Town is required to maintain. excerpts, summaries, tabulations. statistics and other information and accounts of the activities ofthis Town in connection with administration and enforcement of the Uniform Code. I. The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code. the Energy Code, this local law, or any other law or regulation adopted for administration and enforcement of the Uniform Code or the Energv Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem appropriate: (I) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) if a violation is found to exist. providing the owner of the affected property and any other person who may be responsible for the violation with notice ofthe violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code; (3) if appropriate, issuing a Stop Work Order; (4) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. S 144-6. Reeeras amI reports. Inspections Required. A. Construction Inspections (1). Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted bv the Building Inspector. The Permit Holder shall notifY the Building Inspector when any element of work described in subdivision (2) of this section is ready for inspection. (2) Elements of work to be inspected. The following elements of the construction process shall be inspected. where applicable: a. work site prior to the issuance of a Building Permit: b. footing and foundation; c. preparation for concrete slab; d. framing; e. building systems, including underground and rough-in; f. fire resistant construction; g. fire resistant penetrations; h. solid fuel burning heating appliances. chimneys, flues or gas vents: Generated November 28, 2006 Page 39 Town of Southold - Lette. Board Ating of November 21, 2006 1. Energv Code compliance; and j. a final inspection after all work authorized by the Building Permit has been completed. (3) Inspection results. After inspection. the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code. re-inspected. and found satisfactory as completed. B. Fire Safety and Property Maintenance Inspections (]) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector at the following intervals: (a) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (]2) months. (b) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraph (a) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraph (a) of this subdivision, shall be performed at least once every thirty-six (36) months. (2) Inspections permitted. In addition to the inspections required by subdivision (]) of this section, a fire safetv and property maintenance inspection of any building, structure. use, or occupancy. or of anv dwelling unit, may also be performed by the Building Inspector at any time upon: (a) the request of the owner of the property to be inspected or an authorized agent of such owner; (b) receipt bv the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energv Code exist; or (c) receipt by the Building Inspector of any other information. reasonably believed bv the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist: provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. Generated November 28, 2006 Page 40 . Town of South old - Letter . Board Meeting of November 21,2006 (d) OFPC inspections. Nothing in this section or in anv other provision of this local law shall supersede. limit or impair the powers. duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPCn) and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b. ~ 144-7. Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. ~ 144-8. Building permit required; application for permit. [Amended 5-30-1995 by L.L. No. 11-1995] A. Building permit required prior to commencement; exceptions. [Amended 12-8- 1998 by L.L. No. 28-1998; 10-26-1999 by L.L. No. 17-1999] (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, and Energv Code. except that no building permit shall be required for: (a) Necessary repairs which do not materially affect structural features. (b) alterations: Alterations to existing buildings, provided that the [I] Cost less than $10,000; [2] Do not materially affect structural features; [3] Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; [4] Do not involve the installation of electrical systems; and [5] Do not include the installation of solid fuel-burning heating appliances and associated chimneys and flues. (c) Small noncommercial structures leGS than loe SElliare feet in floor area not intenaea for lise by one or more persons as E1aartors f-or living, sleeping, eating or cooking; for example, a small storage Imilaing. Construction or installation of one-story detached structures associated with one or two-family dwellings or multiple single-family dwellings (townhouses) Generated November 28,2006 Page 41 Town of South old - Lette~ Board .ting of November 21,2006 which are used for tool and storage sheds, plavhouses or similar uses, provided the grOSS floor area does not exceed one hundred (100) square feet~ (d) installation of swings and other plavground equipment associated with a one or two-familv dwelling or multiple single-family dwellings (townhouses): (e) installation of swimming pools associated with a one or two-family dwelling or multiple single-familv dwellings (townhouses) where such pools are designed for a water depth ofless than 24 inches and are installed entirely above ground: (f) installation of fences which are not part of an enclosure surrounding a swimming pool: (g) construction of retaining walls unless such walls support a surcharge or impound Class L II, or IlIA liquids; (h) construction of temporary motion picture, television and theater stage sets and scenery: (i) installation of window awnings supported bv an exterior wall of a one or two-family dwelling or multiple single family dwellings (townhouses): (j) installation of partitions or movable cases less than 5' 9" in height; (k) painting, wallpapering, tiling, carpeting, or other similar finish work: (I) installation oflisted portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (m) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications: or (n) repairs, provided that such repairs do not involve (1) the removal or cutting away of a loadbearing wall. partition, or portion thereof, or of any structural beam or load bearing component: (2) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress: (3) the enlargement, alteration, replacement or relocation of any building system: or (4) the removal from service of all or part of a fire protection system for any period of time. (2) The exemption from the requirement to obtain a building permit for work in any categorv set forth in subdivision (1) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energv Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. [Amended 10-26-1999 by L.L. No. 17-1999] C. 17-1999] Applications. [Amended 3-3-1998 by L.L. No. 2-1998; 10-26-1999 by L.L. No. (1) Every application for a building permit shall be made in writing, on a form provided bv or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information Generated November 28, 2006 Page 42 . Town of South old - Letter . Board Meeting of November 21, 2006 and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable baildillg eOllstrnetioll, hoasillg and fire sodes requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. records. (b) The section, block and lot numbers, if any, as they appear on the latest tax ( c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (e) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (f) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (i) Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth as above. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted Generated November 28, 2006 Page 43 Town of South old - Lettef!j Board .ting of November 21,2006 bv the Building Inspector in writing or bv stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However. the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work. or as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (k) All work shall be performed in accordance with the construction documents which were submitted with and accented as part of the application for a Building Permit. The Permit Holder shall immediatelv notify the Building Inspector of anv change occurring during the course of work. The Building Permit shall contain such a directive. If the 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. (2) Exception to the requirements set forth in 9 144-8C. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniform Code and Energv Code. to verify that both the plans and the construction comply with the Uniform Code and Energv Code at the field inspection stage. D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by g280-a of the Town Law. E. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board. F. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. G. No building permit shall be issued for any building until approval has been received from the Suffolk County Department of Health Services for the proposed water supply and sewage disposal system. H. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant. I. The Buildiag laspeetor shall, ',yithia 10 Business days after the filiag Elf a eEl!flplete and properly prepared aj'lplieatiEla, either issae Elr dea)' a Buildiag permit. If a Building permit is denied, the Buildiag InspeetElr shall state, ia writiag, te tHe aj'lplieant tHe reasons for sueH aeaial. Generated November 28, 2006 Page 44 . Town of South old - Letter . Board Meeting of November 21, 2006 J.,1 Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new permit shall be required. K,L As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. 1,.K. Permit fees. [Amended 5-8-2001 by L.L. No. 9-2001] (I) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [I] New dwellings and alterations or additions to existing dwellings: ~ $200, plus ~$0.40 for each square foot of floor area in excess of850 square feet. [2] Accessory buildings and additions or alterations to existing accessory buildings: m $ I 00, plus $G,J{) $0.40 for each square foot of floor area in excess of 500 square feet. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [I] New buildings and additions and alterations to existing buildings: ~$250, plus $G,J{) $0.40 for each square foot of floor area in excess of 1 ,000 square feet. [2] Accessory buildings and additions and alterations to existing accessory buildings: m $100, plus $G,J{) $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: ~$200. (e) In-ground swimming pools, together with required enclosure fencing: ~$250; aboveground swimming pools, together with required enclosure fencing: ~ $250. Generated November 28, 2006 Page 45 Town of Southold - LettJt Board .eting of November 21,2006 (f) The permit fee for all signs shall be $W il2per permit. (g) Demolition and/or removal of any building: m $70 minimum and ~ $0.30 for each square foot in excess 0000 square feet of floor area. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of m $50. (3) For the purpose of this Subsection L, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved. the applicant shall be entitled to a refund of 50% of the fee paid within one vear of issuance. provided that no construction has commenced. S 144-9. Issuance or denial of building permit. A. The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events within 10 business days. [Amended 10-26-1999 by L.L. No. 17-1999] B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. C. Upon approval of the application, two 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 offices ofthe Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept 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 the requirements of the Uniform Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Generated November 28, 2006 Page 46 . Town of South old - Letter . Board Meeting of November 21,2006 Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. S 144-10. Performance of work under permit. A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of 18 months after the date of its issuance. For good cause, the Building Inspector may allow an extension for a period not exceeding six months. B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of Southold: [Added 11-6-2003 by L.L. No. 24-2003] (I) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, induding but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. (4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. D. Building permits shall be visiblv displaved at the work site and shall remain visible until the authorized work has been completed. ~ 144 II. Building permit fees. A. Upon filing of aa. application for a building permit, fees SHall Be paid iH accordaa.ce with ~ I H 8 oftRe TOWH Code. [".mended 6 6 1989 BY L.L. No. 10 1989] Generated November 28, 2006 Page 47 Town of South old - Lette~ Board Ating of November 21, 2006 B. IR the e'/oot that BR lIfl/llieatieR fer a lmilsiRg /le_it is Ret llfl/lroved, the llfl/llieaHt shall be eHtitled to a refaRd of 50% of the fee /laid, /lrevided that ae eORstruetioa has beeR ee!llfflooeed. If eeRstruetioR work has beeR started BRd the ajl/llieatieR is aot ajl/lreved, the fees f'aia sRaH Bet be remaElea. ~ 144-12. Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved 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 building permit was based. B. Where he finds that the 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 Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions ofthe Uniform Code and the Energv Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energv Code. aIld should Rot have beeR issued iR aeeerdElflee 'l;ith the llfljllieable 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 building permit has been issued fails or refuses to comply with a stop work order issued by the Building Inspector. ~144-13. Stop Work Orders. orders. A. The Building Inspector is authorized to issue Stop Work Orders pursuant to this section. The Building Inspector shall issue a Stop Work Order to halt: (1) anv work that is determined bv the Building Inspector to be contrary to anv applicable provision of the Uniform Code or the Energv 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) anv work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector. without regard to whether such work is or is not work for Generated November 28, 2006 Page 48 . Town of South old - Letter . Board Meeting of November 21, 2006 which a Building Permit is reauired, and without regard to whether a Building Permit has or has not been issued for such work; or (3) anv work for which a Building Permit is reauired 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 B. Stop Work Orders shall: (I) be in writing (2) be dated and signed bv the Building Inspector (3) state the reason or reasons for issuance (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. The Building Inspector shall cause the Stop Work Order, or a copv thereof, to be served on the owner of the affected propertv, and if the owner is not the Permit Holder, on the Permit Holder, personallv or bv certified mail to the owner or Permit Holder and posting at the work site. The Building Inspector shall be permitted, but not required, to cause the Stop Work Order, or a copv thereof, to be served on anv or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or anv other person taking part or assisting in work affected bv the Stop Work Order, personallv or bv certified mail and posting; provided, however, that failure to serve anv person listed above shall not affect the efficacv of the Stop Work Order. D. Upon the issuance ofa Stop Work Order, the owner of the affected propertv, the Permit Holder and anv other person performing, taking part in or assisting in the work shall immediatelv cease all work which is the subiect ofthe Stop Work Order. E. The issuance of a Stop Work Order shall not be the exclusive remedv available to address anv event described in this section, and the authoritv to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of. the right and authoritv to pursue anv other remedv or impose anv other penaltv under anv other applicable local or State law. Any such remedv or penaltv mav be pursued at anv time, whether prior to. at the time of, or after the issuance ofa Stop Work Order. WlIefl6','er the Buildiag lasfleetor has reasoaalJle grouads to believe that work oa any Imildiflg or structure is boiag prosecuted ia violatioa of the provisioas of the Uaiform Code or other applicable 111lildiag la",'s, ordiaaaees or regulatioas aad flet ia coafurmity with the provisioas of an applieatioa, plaas or speeificatioas oa the basis ofwhieh a 111lildiag peFHlit v,'as issued, or ia an uflsafe afld daagerous mal'll'ler, he shall flotify the o',vner of the property, or the owaer's ageat, or the persoa flerro_iag the '.York, to S\lSllood all work, aad any such persoas shall forthwith stofl such ",'orle afld suapead alllmildiag activities uatil the stofl order has been rescinded. Such order aad aetiee shall be ia writiag, shall state the conditio as uader which the work may be resumed afld may be served \llloa a llersen to whom it is directed either by deli'.'eriaE; it Generated November 28, 2006 Page 49 Town of Southold - Lette. Board .ting of November 21, 2006 persoaally to him er BY pesting the same Ujlen a eeBGpiooellS pertien efthe BlIilding IIBder eenslrlletien and sending a eepy efthe same BY eertified mail. 9144-14. Right of entry. Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. 9144- IS. Certificate of occupancy required; application. 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 building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of 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 his application and before the issuance of a certificate of occupancy, there shall be filed by 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 building contractor 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 and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and Energv Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. 9144-16. Inspection prior to issuance of certificate; records. A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all building, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or 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 building permit has been issued. Generated November 28, 2006 Page 50 . Town of Southold - Letter Board M!ng of November 21,2006 B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energv Code, and other applicable laws. 9144-17. Issuance of certificate of occupancy. A. Whell, after aaal iaspeetioll, it is folollld that the proposed Yiork haG beea eOffipleted ia aeeerdaaee with the Ulliform Code aad other ajlplieable baildiag laws, ordiaaRees and regalatioas, aRd also ia aeeordanee '.vith the applieatioa, planG aRd speeifieatioaG aled ill eOlllleetioa with the issuallee of the baildillg permit, the Buildiag IaDpeetor, apoll the pa)'Hleat of the fees speeified ill ~ 289 154 oithe Towa Code, shall issae a eertiaeate of oeolljlaRey Ulloa the fflrm provided by him. If it iG f01ffie that the proposed work has aot beea properly eOffipleted, the Baildillg IaDpeetor shall refuse to issae a eertifieate of oeelljlaRey aRd shall order the work eOffi]3leted ifl eoaformity '.'lith the haildiflg pormit RAd ill eOflformity ',yith the UllifoFHl Code, and other ajlfllieable haildiag regalatiofls. [Amelleed (j (j 19&9 hy L.L. No. 10 1989] B. The eertiaeate of oeelljlaney shall eertify that the work has heea eomploted aRd that the proposed ase aRd oeoUllaRey is ifl eOllformity with the ]3royisieaG of the Ufliform Code aile other ajlfllieable baildiag laws, ereiflaRees aile regalatiolls, aRe shall spoeify the aGe or aGes aIld the ellteat thereefto Yihieh the bailding or strueture or its several parts may be pat. A. The Building Inspector shall issue a Certificate of Occupancy if the work which was the subiect of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code. the Energv 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 the Energy Code. The Building Inspector shall inspect the building. structure or work prior to the issuance of a Certificate of Occupancy. In addition. where applicable. the following documents. prepared in accordance with the provisions of the Uniform Code bv such person or persons as may be designated bv or otherwise acceptable to the Building Inspector. at the expense of the applicant for the Certificate of Occupancy shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancy: (]) a written statement of structural observations and/or a final report of special inspections. and (2) flood hazard certifications. B. A Certificate ofOccupancv shall contain the following information: (I) the Building Permit number. ifanv: (2) the date of issuance of the Building Permit. if any: (3) the name. address and tax map number ofthe property: Generated November 28, 2006 Page 51 Town of South old - Lett. Board .eting of November 21,2006 (4) if the Certificate of Occupancv is not applicable to an entire structure, a description of that portion ofthe structure for which the Certificate of Occupancv is issued; (5) the use and occupancv classification of the structure; (6) the type of construction ofthe structure: (7) the assemblv occupant load of the structure; (8) if an automatic sprinkler svstem is provided, a notation as to whether the sprinkler svstem is required: (9) any special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Building Inspector issuing the Certificate of Occupancy and the date of issuance. !}144-18. Temporary certificates of occupancy; fee. Upon request, and the payment of a fee of m $25, 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 building 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 welfare. !}144-l9. Tests for compliance with standards. Whenever there are reasonable grounds to belieye that any material, construction, equipment or assembly does not conform with to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. !}144-21. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction 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 those remedies shall be in addition to the penalties prescribed in the preceding section. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. Generated November 28, 2006 Page 52 . Town of Southold - Letter Board M!ing of November 21, 2006 ~j..tCf(7.~pt:tJ.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated November 28, 2006 Page 53