HomeMy WebLinkAboutLL-1984 #07LOCAL LAW NO. 7 198~;
A Local Law to provide for the administration
a~d enforcement of the New York State Uniform
Fire Prevention and Building Code
BE IT ENACTED by the Town Board of the Town of Southo!d as follows:
The Code of the Town of Southold is hereby amended by adding a new
chapter thereto, to be Chapter 25 to read as follows:
Section 25-1. Title
This chapter shall be known as the "Uniform Fire Prevention and
Building Code Administration and Enforcement Law."
Section 25-2. 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 1,
198~1, and which every local government shall administer and enforce on
and after such Cate. It is the purpose of this chapter to provide for the
administration and enforcement of the Uniform Code in the Town of
Southold.
Section 25-3.' Administrative and Enforcing Officers.
Ao
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 provisions of this chapter.
In addition to the Inspectors, as provided by subdivision A of this
section, the Town Board may appoint one {1) 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 sha!l serve for a term of one (1) 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.
Assistant Inspectors shall have the same right to enter and inspect
buildings and premises as conferred upon the Building Inspector.
Section 25-4.
Conflicts
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.
Section 25-5. Duties and powers of Building Inspector.
Except as otherwise specifically provided by law, ordinance or
regulation, or except as herein otherwise provided, ti~e Building
Inspector shall administer and enforce all the provisions of the
Uniform 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.
He sl~all receive applications and issue permits for the erection,
alteration, removal and demolition of buildings or ~.ructures or
parts thereof and shall examinee 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 and
other laws, ordinances and regulations governing building
construction.
He shall issue all appropriate notices or orders to re.~ove illegal or
unsafe conditions, to require the necessary safeguards during'
construction and to ensure compliance during the entire course of
construction with the requirements of the Uniform Code and other
applicable laws, ordinances or regulations. He shall make all
inspections which are necessary or proper for the carrying out of
his duties.
Whenever the same may be necessary or appropriate to assure
compliance with the provisions of applicable laws, ordinances or
regulations covering building construction, he 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.
Section 25-6. Department records and reports.
The Building Inspector shall keep permanent, official records of all
transactions and activities conducted by him, including all
applications' received, permits and certificates issued, fees charged
and collected, inspection reports, and notices and orders issued.
All such records shall be public records, open to public inspection
during business hours.
Tl~e Building Inspector shall, as directed, submit to the Town
Board a written report and s, ummary-of ali business conducted by
him, including permits and certificates issued, fees collecteu,
orders and notices promulgated, inspections and tests made and
appeals or litigation pending·
Section 25-7. Cooperation of 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.
Section 25-8. Application for building permit·
No person, firm or corporation shall commence the erection,
construction, enlargement, alteration, removal, improvements,
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; except that no
building permit shall be required for the performance of ordinary
repairs which are not structural in nature.
Application for the building permit shall be made to tile Building
Inspector on forms provided by him and shall contain the following
in forma tio~:
(1) A description of the land on which the proposed work is to be
done;
(2) A statement of the use or occupancy of all parts of the land
and tile building structure;
(3) The valuation of the proposed work;
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(4)
Tile full name and address of th(: owner and of the applicarlt,
and the names and addresses of their responsible officers if
any of them are corporations;
(5) A brief description of the nature of the proposed work;
(6) A set of plans and specifications, in triplicate, as set forth in
Subdivision C of this section; and
(?)
Such other information as may reasonably be required by the
Building Inspector to establish compliance of the proposed
work with the requirements of the applicable buildin9 laws,
ordinances and regulations.
Application shall be made by the owner or lessee, or agent of
either, or by the architect, engineer or builder employed in
connection with the proposed work.
C. Plans and specifications.
Each application for a building permit shall be accompanied by
three copies of 'plans and specifications, including a plot plan,
drawn to scale, showing tile location and size of all proposed
new construction and all existing structures on the site, the
nature and character of the work to be performed and the
materials to be incorporated, distance from lot lines, the
'relatiopship of structures on adjoining property, widths and
grades of adjoining streets, walks and alleys and, where
required by the Building Inspector, details of structural,
mechanical and electrical work, including computations, stress,
diagrams and other essential technical data.
Whenever the plans accompanying an application are for a
structure which, in the opinion of the Inspector, is of
complex design, the Inspector shall require the applicant
to file an affidavit signed by a licensed architect or
engineer certifying that the plans and specifications
comply with the provisions of the Uniform Code as in
force on the date of the application. In such case the
Inspector may, in his discretion, employ a licensed
architect or engineer to examine the plans. The amount
by which the cost of such examination, not exceeding one
half (½) of the permit fee required, shall be added to
such permit fee and paid by the applicant before the
permit shall be issued. In the event the Inspector
employs a licensed engineer or architect under this
subdivision, the Inspector may rely upon the advice of
such architect or engineer as to ~vhether such plans and
specifications comply with the Unform Code.
(b)
Whenever the plans accompanying an application are for a
structure which, in the opinion of the Inspector, is of
complex design, the Inspector may, in his discretion,
issue the permit subject to the condition that an architect
and/or engineer whose qualifications are acceptable to him
(and who may be already employed by the owner or
builder) be employed by the owner or builder to
Supervise all work done under the permit, to see that the
work conforms with the approved plans and specifications,
and forthwith upon its completion to make and file with
the Inspector an affidavit or affidavits that he or they
have complied with all inspection requirements of this
chapter and that the work has been carried out according
to the approved pla~ls and specifications and in
accordance with the provisions of the Uniform Code. In
such case the Inspector may rely upon such affidavit or
affidavits as evidence that such building conforms
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substan{ially to the approved plans and specifications and
requiremef~ts of the Uniform Code applying to buildings of
its class and kind.
Do
(2) Plans and specifications shall bear the signature of the person
responsible for the design of the drawings.
(3)
In cases where the proposed work can otherwise be shown to
comply with all requirements of the Uniform Code and other
building laws, ordinances and regulations, the Building
Inspector may waive the requirement for filing plans.
Amendments to the application or to the plans and specifications
accompanying the same may be filed at any time prior to the
completion of the work, subject to the approval of the Building
Inspector.
Section 25-9. Issuance or denial of building permit.
The Building Inspector shall examine or cause to be examined all
applications for permits and the plans, specifications and documents
filed therewith. He' shall approve or disapprove the application
within-a'reasonable time;· and in all events within ten (10) business
days.
Upon approval of the application and upon receipt of the legal fees
therefor, h,e shall issue a building permit to the applicant upon the
form prescribed by him and shall affix his signature or cause his
legal signature to be affixed thereto.
C o
Upon approval of the application, two sets of plans and
specifications shall be endorsed with the word "approved." One (1)
set of such approved plans and specifications shall be retained in
the files 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
ti~es.
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.
Section 25-10. Performance of work under building permit.
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 eighteen (18) months after the
date of its issuance. For good cause, the Building Inspector may
allow an extension for a period not exceeding six (6) months. :,
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 i~ accorda~ce with the Uniform Code
and applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications.
Section 25-11. Building permit fees·
Upon filing of an application for a building permi[, fees shall be
paid in accordance with Section 100-141 of the Town Code.
In the event that an application for a building permit is not
approved, the applicant shall be entitled to a refund of fifty
percent [50%) of the fee paid, provided no construction has been
commenced. If construction work has been started and the
application is not approved, the fees paid shall not be refunded.
Section 25-12. Revocation of building permit.
The Building Inspector may revoke a building permit theretofore issued
and approved in the following instances:
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 and
should not have been issued in accordance with the applicable law.
~.Vhere he finds that the work performed under the permit is not
being prosecuted in accordance with the provisions of the
application, plans or specifications.
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building
Inspector.
Section 25-13. Stop orders.
Whenever the Building Inspector has reasonable grounds to believe that
work on any building or structure is being prosecuted in violation of the
provisions of. the Uniform Code 'or other applicable building laws,
ordinances or regulations and not in conformity with the provisions of an
application, plans or specifications on the basis of which a building
permit was issued, or in an unsafe, and dangerous manner, he shall
notify the owner of the property, or the owner's agent, or the person
performing the work, to suspend all work, and any such persons shall
forthwith stop such work and suspend all building activities until the
stop order has been rescinded. Such order and notice shall be in
writing, shall state the conditions under which the work may be
resumed, and may be served upon a person to whom it is directed either
by delivering it personally to him or by posting the same upon a
conspicuous portion of the building under construction and sending a
copy of the same by certified mail.
Section 25-14. 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 ~erson shall interfere with or
prevent such entry.
Section 25-15. Certificate Of occupancy.
Ao
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 Buildio9 Inspector.
No building hereafter enlarged, extended or altered, or upon which
work tras 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 o
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.
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D. The owher or his agent shall inake 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
tl~e 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 Unform Code and other laws governing building
construction except insofar as variations therefrom have been
legally authorized. Such variations shall be specified in the
affidavit.
Section 25-16. inspection prior to issuance of certificate.
A. Before issuing a certificate of occupancy, the Building Inspector
shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed for a 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 and other applicable
laws.
Section 25-17. Issuance of certificate of occupancy.
When, after final inspection, it is found that the proposed work has
been completed in accordance with the Uniform Code and other
applicable building laws, ordinances and regulations, and also in
accordance with the application, plans and specifications filed in
connection with the issuance of the building permit, the Building
Inspector, upon the payment of the fees specified in Section 10C1-144
of the Town Code, shall issue a certificate of occupancy upon the
form provided by him. If it is found that the proposed work has
not been properly completed, the Building Inspector shall refuse to
issue a certificate of occupancy and shall order the work completed
in conformity with the building permit and in conformity with the
Uniform Code and other applicable building regulations.
The certificate of occupancy shall certify that the work has been
completed and that the proposed use and occupancy is in conformity
with the provisions of the Uniform Code and other applicable
building laws, ordinances and regulations, and shall specify the use
or uses and the extent thereof to which the building or structure
or its several parts may be put.
Section 25-18. Temporary certificate of occupancy.
Upon request, and ti~e payment of a fee of $15.00, the Building
Inspector may issue a temporary certificate of occul)ancy for a building
or structure or part thereof before the entire work covered by the
building permit shall have been completed, provided such portion or
portions as have been completed may be occupied safely without
endangering life or the public welfare.
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Section 25-19. Tests.
Whenever there are reaso~able grounds to believe that any material,
construction, equipment or assembly does not conform with 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.
Section 25-20.. Penalties for offenses;
A.
exceptions.
It shall be unlawful for any person, form or corporation to
construct, alter, repair, move, remove, demolish, equip, use or
occupy or maintain any building or structure or portion thereof in
violation of any provisions of this chapter, or to fail in any manner
to comply with a notice, directive or order of the Building
Inspector, or to construct, alter or use and occupy any building or
structure or part thereof in a manner not permitted by an approved
building permit or Certificate of occupancy.
For each offense against any of the provisions of the Uniform Code
or of _this.chapter or..any regulations made pursuant thereto, or
failure to comply with a written notice or order of any Building
Inspector within the time fixed for compliance therewith, the owner,
occupant, builder, architect, contractor or their agents or any
other person who commits, takes part or assists in the commission
of any such offense or who shall fail to comply with a written order
or notice of any Building Inspector shall, upon a first conviction
thereof, be guilty of a violation punishable by a fine of not
exceeding five hundred dollars ($500.) or imprisonment for a period
not to exceed fifteen (15) days, or both. Each day on which such
violation shall occur shall constitute a separate, additional offense.
For a second and subsequent conviction within eighteen months
thereafter, such person shall be guilty of a violation punishable by
a fine not exceeding one thousand five hundred dollars ($1,500.) or
imprisonment for a period not to exceed fifteen (15) days, or both
such fine and imprisonment. · - '
Section 25-21. Abatement of violations.
II.
III.
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 additlon to the penalties prescribed in the
preceding section.
The Southold Town Fire Prevention Code, constituting Chapter 45 of the
Southold Town Code,- and the Housing Code of the Town of Southold,
constituting Chapter 52 of the Southold Town Code are hereby .repealed.
This local iaw shall take el'fect upon its filing with the Secretary of
State.
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Date: August 6, 198~
Dear Sir/Madam:
7and8
Please be advised that Local Law(s) No.
of 1984 ofthe Town of SOllthC~]d
was/were received and filed on ,51]y ~0~ ]q;qL~
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
,l~ ~ Bureau of State Records
383602-004 (12/82)
(Please Use this Form for Filing your 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.
Uniform Fire Prevention and Building Code.
Town Board
Be it enacted by the ............................................................................................. :_ ....................................... of the
(N~me of L,e~isl~ive
The Code of the Town of Southold is hereby amended by addin'g a new
chapter thereto, to be Chapter 25 to read as follows:
Section 25-1. Title
This chapter shall be known as the "Uniform Fire Prevention and
Building Code Administration and Enforcement Law."
Section 25-2. Purpose
Article 18 of the Executive 'Law, as added by Chapter 707 of the Laws of
1981, provides for the preparation of a Unifo'rm Fire Prevention and
Building Code (Uniform ,Code), which shall take effect on January 1,
!984, 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. ~ .. -
Section 25-:3. Administrative and Enforcing Officers.
A. It shall be the duty of the BuildSng Inspectors C, hereinafter referred
to as the Building Inspector) to administer and enforce the Uniform
Code and the provisions of this chapter.
B. In addition to the Inspectors, as provided by subdivision A of this
section, the Town Board may appoint one (1) 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 ~1) 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.
Assistant Inspectors shall have the same right to enter and inspect
buildings and premises as conferred upon the Building Inspector.
additional spa~e is needed! please attach sheets, ,°f, the same size,,.aSln this and, number
Section 25-4. Conflicts
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 re~tion adopted thereunder, the provision which establishes
the higher standard or requirement shall govern.
Section 25-5. ~.D~uties and pourers of Building Inspector.
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 regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and
structures, and the installation and use of materials and equipment
therein, an~l the location, use, occupancy, and maintenance thereof.
He shall receive applications and issue permits for the erection,
alteration, remova! 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 purpos_e of ensuring compliance with the Uniform Code and
other laws, ordinances and regulations governing building
construction.
C. He shall issue all appropriate notices or orders to remove illegal or
unsafe conditions, to require the necessary~ safeguards during
construction and to ensure compliance during the entire course of
construction with the requirements of the Uniform Code and ether
app!icable laws, orc~inances or regulations. He shall make all
inspections which are necessary or proper for the carrying out of
his du~es.
D. Whenever the same may be necessary or appropriate to assure
compliance with the provisions of applicable laws, oYdinances or
regulations covering building construction, he 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.
Section 25-6. Department records and reports.
A. The Building Inspector shall keep permanent, official records of all
transactions and activities conducted by him, including alt..
applications received, permits ~ and certificates issued, fees charged
and co!~cted, inspection reports, and notices and orders issued.
All such records shall 'be public records, open to public inspection
during business hours.
B. The Building !nspector shall, as directed~ submit to the Town
Board a written report and summary of all business conducted by
him, incl~.~g permits and certificates issued, fees collected,
orders and notices promulgat~.d.,...'inspec~ions and tests made and .
appeals or litigation pending. .
Section 25-7. Cooperation of 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 of. ficers and all other municipa~ officials exercising
any jurisdiction over the construction, use or occupancy of buildings or
the installation of equipment therein.
Section 25-8. Application for bui!ding permit.
A. No person, firm or corporation shall 'commence the erection,
construction, enlargement, alteration, removal, improvements,
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; except that no
building permit shall be required for the performance of ordinary
repairs which are not structural in nature.
B. Application for the building permit shall be made to the Building
Inspector on forms provided by him and shall contain the following
in forma tion:
(1) A description of the land on which the proposed work is to be
done;
A statement of the use or occupancy of all parts of the land
and the building structure;
The valuation of the proposed work;
The full name and address of the owner and of the applicant,
and the names and addresses of their responsible officers if
any of them are corporations;
(5) A brief description of the nature of the prop,osed work;
{6) A set of plans and specifications, in triplicate, as set forth in
Subdivision C of this section; and
(7) Such other information as may reasonably be required by the
Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws,
ordinances and regulations.
Application shall be made by the owner or lessee, or agent of
either, or by the architect, engineer or builder employed in
connection with.the proposed work-.
C. Plans and specifications.
Each application for a building permit shall be accompanied by
three copies of plans and specifications, including a plot plan,
drawn to sca]e, showing the location and size of all proposed"
new construction and all existing structures on the site, the
nature and character of the work to be performed and the
materials to be incorporated, distance from lot lines, the
relationship of structures on adjoining property~ widths and
grades of adjoining streets, walks' and alleys and, where
required by the B~ildincj Inspector, 'details of structural
mechanical and electrical ~ork,' including computations, stressl
diagrams and other essential technical data.
(a) Whenever the plans accompanying an application are for a
._ structure which, in the opinion of the Inspector, is of
complex design, the Inspector shall require the applicant
to f~le an affidavit signed by a licensed architect or
engineer certifying that the plans and specifications
comply with the provisions of the Uniform Code as in
force on the date of the application. In such case the
Inspector may, in his discretion, employ a licensed
architect or engineer to examine the plans. The amount
by which the cost of such examination, not exceeding one
half (½) of the permit fee required, shall be added to
such permit fee and paid by the applicant before the
perm it shall be issued. In the event the Inspector
employs' a licensed engineer or architect under this
subdivision, the Inspector' may rely upon the advice of
such architect or engineer as to whether such plans and
specifications comply with the Unform Code.
-3-
[b) Whenever the plans accompanying an application are for a
structure which, in the opinion of the Inspector, is of
complex design, the Inspector ~ay, in his discretion,
issue the permit subject to the condition that an architect
and/or engineer whose qualifications are acceptable to' him
(and who may be already 'employed by the owner or
builder) be employed by the owner or builder to
~. supervise all worP, done under the permit, to see that the
work conforms with the approved plans and specifications,
and forthwith upon its completion to-make and file with
the Inspector an affidavit or affidavits that he or they
have complied With all inspection requirements of this
chapter and that the work has been carried out according
to the approved plans and specifications and in
accordance with the provisions of the Uniform Code. In
such case the Inspector may rely upon such affidavit or
affidavits as evidence that such buildincl conforms
substantially to the approved plans and specifications and
requirements of the Uniform Cpde applying to buildings of
its class and kind.
(2) Plans and specifications shall bear the signature of the person
responsib!e for the design of the drawings.
(3)
In cases where the proposed work can otherwise be shown to
comply with all requirements of the Uniform Code and other
building laws, ordinances and regulations, the Building
Inspector may waive the requirement for filing plans.
Amendments to the application or to the plans and specifications
accompanying the same may be filed at any time prior~ to the
completion of the work, subject to the approval of the Building
Inspector. "'
Section 25-9. Issuance or denial of building permit.
The Building Inspector shall examine or cause to be examined all
applications for permits' and the ~.ptans, specifications and documents
filed therewith. He shall approve or disapprove the application
within a reasonab!e time, and in all events within ten (10) business
days.
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
legal signature ~o be affixed thereto..
Upon approval of the application, two sets of plans and
specifications shall_be endorsed with the word "approved." One (1)
set of such approved plans and specifications shall be retained in
the files 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 auth~¥:ized representative at all reasonable
ti~es.
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 p:ans and specifications to
the applicant. The Building Inspector shall cause such refusal,
together with the reasons therefor, to'be transmitted to the
Section 25-10. Performance of work under building permit.
A building permit shah 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 eighteen (18) months after the
date of its issuance. For good cause, the Building Inspector may
allow an extension for a period not exceeding six (6) months.
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.
Section 25-11. Building permit fees.
A. Upon filing of an application for a building permit, fees shall be
paid in accordance with Section I00-.141 of. the Town Code.
In the event that an application for .a building permit is not
approved, the applicant shall be entitled to a refund of fifty
percent (50%) of the fee paid, provided no construction has been
commenced. If construction work has been started and the
application is not approved, the fees paid shall not be refunded.
Section 25-12. Revocation of building permit.
The Building Inspector may revoke a building permit'theretofore issued
and approved in the following instances:
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 and
should not have been issued in accordance with the applicabie law.
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.
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building
I n spector.
Section 25-13. Stop orders.
Whenever the Building Inspector has reasonable grounds to believe that
work on any bu~ldi, ng or structure is being prosecuted in violation of the
provisions of the Uniform Code or other applicable building laws,
ordinances or regulations and not in conformity with the provisions of an
application, plans or specifications on the basis of which a building
permit was issue, or in an unsafe and dangerous manner, he shall
notify the owner of the :~roperty, or the owner's agent, or the person
performing the work, ~o suspend all work, and any such persons shall
forthwith stop such work and suspend all building activities until the
stop order has been rescinded. Such order and notice shall be in
writing, sha'~! state the conditions under which the work may be
resumed, and may be served upon a person to whom it is directed either
by delivering it personally to him or by posting the same upon a
conspicuous portion of the building under construction and sending a
copy of the same by certified mail.
Section 25-14. 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 reasonab~ hour~ and no person shall interfere with or
prevent such entry.
Section 25-15. C~rtificate of occupancy.
No building hereafter erected shall be used or occupied in whole or
in bart until a certificate of occupancy shall have been issued by
the Building Inspector.
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.
.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 pi'ofessional 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 p!an,s and, as erected,
complies with the Unform Code and other laws governing building
construction except insofar as variations therefrom have been
legally authorized. Such variations shall be specified in the
affidavit.
Section 25-16. Inspection prior to issuance of certificate.
A. Before issuing a certificate of occupancy, the Building Inspector
shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed for a 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 examina!ions and inspections, together with a record (~f
findings of v~o!a~ions of the Uniform Code and other applicable
laws.
Section 25-17. Issuance of certificate of 0ccupancy.
A. When, after final inspection, it is found that the proposed work has
been completed in accordance with the Uniform Code and other
applicable building laws, ordinances and regulations, and also in
accordance with the application, plans and specifications filed in
connection with the issuance of the building permit, the Bu!lding
-' ~ Inspector, upon the payment of the fees specified in Section 100-144
of the Town Code, shall issue a certificate of occupancy Upon the
form provided by him. If it is found that the proposed work has
not been properly completed, the Building Inspector shall refuse to
issue a certificate of occupancy and shall order the work completed
~in conformity With' 'the building-permit and in conformity with the
Uniform Code and other applicable building regulations.
B. The certificate of occupancy shall certify that the work has been
..... completed and that the proposed use and occupancy is in conformity
with the provisions of the Uniform Code and other applicable
building laws, ordinances and regulations, and shall specify the use
or uses and the extent thereof to which the building or structure
~or ~s several parts~ may be put. .............
Section 25-18. Temporary certificate of occupancy.
Upon request, and the payment of a fee of $15.00, 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 shaIl have been completed, provided such portion or
portions as have been completed may be occupied safely without
endangering life or the public welfare.
Section 25-19. Tests.
Whenever there are reasonable grounds to believe that any material~
construction, equipment or assembly does not conform with 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.
Section 25-20. Penalties for offenses; exceptions.
It shall be unlawful for any person, form or corporation to
construct, alter, Pepair, move, remove., demolish, equip, use or
occupy or maintain any building or structure or portion thereof in
violation of any provisions of this chapter, or to fail in any manner
to comply with a notice, directive or order of the Building
Inspector, or to construct, alter or use and occupy any building or
structure or part thereof in a manner not permitted by an approved
building permit or certificateof occupancy.
For each offense against any of the provisions of the Uniform Code
or ~of this chapter or any regulations made pursuant thereto, or
failure to comply with a written notice or order of any Building
Inspector within the time fixed for compliance therewith, the ov~,ner,
occupant, builder, architect, contractor or their agents or any
other person who commits, takes part or assists in the commission
of any such offense or who shall fail to-comply with a writfen order
or notice of any Building Inspector shall, upon a first conviction
thereof, be guilty of a violation punishable by a fihe of not
exceeding five hundred dollars ($500.) or imprisonment for a period
not to exceed fifteen (15) days, or both. Each day on which such
violation shall occur shall constitute a separate, additional offense.
For a second and subsequent conviction within eighteen months
thereafter, such person shall be guilty of a violation punishable by
a fine not exceeding one thousand five hundred dollars ($1,500.) or
imprisonment for a period not to exceed fifteen (15) days, or both
such fine and imprisonment.
Section 25-21. Abatement of violations.
Appropriate actions and proceedings may be taken at law or in equity to
prevent un~awful construction or to restrain, correct or abate a vio!ation
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.
11.
The Southold Town Fire Prevention Code, constituting Chapter 45 of the
Southold Town Code, and the Housing Code of the Town of Southoid,
constituting Chapter 52 of the Southold Town Code are hereby repealed.
Ill. This loca~ law shall take effect upon its filing with the Secretary of
State~
2o
(Comph.tc the certification iathe puragraphwhieb app]ie~ to be .fftlffslocal lawaad ~trikc out
matter thereia Mdeh i~ m,t applicable.) :'
(Final adoption hy l,eal legislative body only.) . .
I hereby certify that the local taw aanexed hereto, designate~ as local law No ....... ? ....... '..,of
City Southold duly passed by the ...... l~n..Bmrd ..................................................
or the Tow.n of ...................................... was
(Name of Legi~lativ~ Body)
on ....... ~.~.~..~.Z,. ...................... tg..~, in acceptance with the'appllc~ble provisions o~ law.
(Passage hy local legislative body witb approval or no disapproval'by Elective Chief Executive 0giaour*-.'.
I hereby certify that the local law annexed hereto, desi~mtedas local law No ..................... of 19...~
Couuty ~.,
City
of the Town of ...................................... was duly passed by the ................................................................................
{N~m* ~[ L~i~l~ti~ Bad~)
Village
not disapproved
on ........................... : ...................... ~9 ........ and was approved by the ...........................................................
re passed after disapproval gl~etNe Chi~[ Ex~eutiv* O[[i~*r *
and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable
provisions of taw.
(Final adoption by refereudum.)
I hereby certify that the local law annexed hereto, designated as local law No ............... L.. of 19...::.:;;
Comity . .:
*of the City of ......................... ~ ............ was duly passed by the ................................................ i: .......... ~:
Town - (Name of Le~/i~lative Body)
Village not disapproved
on ................................................... 19 ........ and was approved by the ....................................... ~ .......................
repassed after disapproval Elective Chie~ Fxecutive Officer
on ............................... ~ ....................... ' ............... 19.~ ....... Such 16cal law was submitted to the people by reason ~?~'
. · r ferendum,and received tl~e affirmative vote of a majority of the ~alified electors voting'
thereon at the special election held on ...................................................... 19 ........ , in accordance with the
cable provisions of taw. .-:( .
(Subject to permissive re[erendum,ahd final adoption because no valid petition
referendum.) ...... ;'-:: ~'
I hereby certify that the local law annexed he,to, designated as local law No,
County - - _
City
of the Town o~ ...................................... was duly passed by the ........
~ {N.me et Legislative Body)
Villago ' not disapproved
...................................................... 19 ....... and was approved by the,
repassed after disapproval Ele,'tive Chi,'/ Eaecutiw Offi~r~ ·
..................... ; ....................................... 19 ......... Such local law being subject to a permiss~a referendum and
valid petition requesting such referendum having been filed, said local law was deemed duly adopted
' 19 ....... ~ in accordance with the applicable provisions, of law.
.¢2:
*Elective Chief Executive Officer means or include~ the chief executive officer of a county elected on a county-wide b~sh
or, ff there be none, the chairman of the county legidative body, the nu~yor of ~ city or village or the ~uper~i~or of a
where such officer is vested with power to approve or veto local l~w~ or ordinances. .,
(Citi total Im¥ conccruing f;h;trter rc~i~iou proposed hy petition.)
[ hcreb) certif, Iha= th,' !o, a~ ] ~ ..:mcxed hereto, do.~ignated as local law No ..................... of ].9 ........
or the City of ........................................................................ !t.~ittg been submitted to referendnm pursuant to the
provisions of 37 of thc Mumci ~[ Ii , e [luh: Law, aiM t.aving received the affirmative vote of a majority
specia.l
of the qualified electors of such city voting thereon at the general election held on ..................................
................ 19 ............ became operative.
(County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Lodal Law No..i.... of 19 ...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Hmne 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 of a majority of the qualified electors of the towns of said count
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 arid of the whole of sach original local law', and was
finally adopted in the manner indicated in paragraph ......... .1 .................. above.
of tho County legislativ~ ~dy, City, Ta)~o! Villago Cl~tk or
officer designated by locld legislativ~ body
Date:
July 18, 1984
(Seal)
Judith T, Terry. Town Cl'erk
(Cer[ificatiou to be executed by Count,y At~ota~ey, COrporation Counsel, Town A.t~orn'ey,
or other authorized At~rney of locality.)
STATE OF N~: YORK
I, the undersigned, hereby certify that the: fore'g~ing local, Iai' contah~s the correct text and that
proper proceedings have been; had or taken for ttYe' enactmeu[ of the' loewi law annexed hereto;
July 18',~. 1~98~
Date:
Cik y of' S'outhold
Town ' ...........................................................
,.,:;.(7" ;: (.'"-":'i', ' '
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JULY 17, 1984
3:30 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW TO
PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK
STATE UNIFORM FIRE PREVENTION AND BUILDING CODE.
Present:
Supervisor Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: This is a hearing on a Local Law to provide for the
administration and enforcement of the New York State Uniform Fire Prevention
and Building Code," to be read by Councilman Schondebare.
COUNCILMAN SCHONDEBARE: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 3rd day of July, 1984, a Local Law entitled, "A Local Law to provide for the
administration and enforcement of the New York State Uniform Fire Prevention and
Building Codd." The Code of the Town of Southold is amended by adding a new
chapter thereto, to be Chapter 25, for the following 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 1, 1984, and which every local government shall admin-
ister 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. ,Copies of said Local Law are available in the Office of the Town Clerk
to any interested persons during business hours. Notice is 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, Main Road, Southold, New York, on the 17th
day of July, 1984, at 3:30 P.M., at which time all interested persons will be heard.
Dated~ July 3, 1984. Judith T. Terry, Southold Town Clerk."
I have an affidavit from The Suffolk Times with regards to publication and an
affidavit from The Long Island Traveler-Watchman as to publication and I have an
affidavit from the Town Clerk as to the posting on the Town Clerk's Bulletin Board.
SUPERVISOR MURPHy: Okay, you've heard the official reading. Is there anyone
here in the audience would like to speak in favor of this proposed Local Law? (No
response.) Anyone like to speak in opposition to it7 (No response.) Anyone like
to make any comments at all? (No response.) The only comment I'd like to make is
that it's basically the exact same as the State Code. We just added the possibility
of t~aving local fire inspectors--volunteer fire inspectors--is that correct, Bob, that
was the only addition?
Page 2 - Public Hearin~ - Proposed Local Law
NYS Uniform Fire Prevention & Building Code
TOWN ATTORNEY TASKER: No.
SUPERVISOR MURPHY: What's the other one?
TOWN ATTORNEY TASKER: It has nothing to do with the State Code. It provides
for the enforcement and the administration of the Code. That's all it has to do with.
SUPERVISOR MURPHY: Okay, but wasn't this one with the fire inspectors too?
TOWN ATTORN£Y TASKER: This carries over the same provision that you have in
your local Fire Code for the option to appoint a volunteer fire inspectors, but that
provision is still carried over into this Local Law.
SUPI~RVISOR MURPHY: At our option.
TOWN ATTORNEY TASKER: At the option of the Town Board.
SUPERVISOR MURPHY: Right, okay. Any other comments? (No response.) If
not, I will close this hearing.
Judith T. Terry
Southold Town Clerk
~EGAL NOTICE
NOTICE OF
PUBLIC HEARING ON
LOCAl. lAW
PUBLIC NO~IC~ ~s ~
given t~at there has been
presceted to the ~ ~
of the Town ~ ~numo~o,
Suffolk Cc~ty; New York, on
the 3rd day of July, 19~4, a
Law to proyidn for the
administration and
enforcement c/the New York
State Uniform Fire
Prevention and Buiidin~
of S0uthold is amended by
addln~ a nmv chapter thereto,
to be-Chapter 25, for the
following p~: Article 18
of the Executive Law, as
added by Chapter 707 of the
[~aws ~ 1~1, provides for the
~arallen ~a Uulferm Fire
prevention and Buil~
tUnlform Code), which shall
take effect e~ Jonuaty
and which every local
government shall administer
and e~orce on ond after such
date. it is the pur~., o~ this
chapter to prowde for the
administration . and
enforcement o! the Uniform
Code in the Town of Sonthold.
Covies d said Locel Law are
available in the Office d the
Town Clerk to any interested
persons during business
hours.
NOTICE IS FURTHER
GIVEN that the Town Board
of the Town of Southold will
hold a public bearing on the
aforesaid Local Law at the
Sonthold Town Hall, Main
Road, Southatd, New Y/)rk, on
the 1?th day of July, 1994, at
3:30 P:M., at which time all
interested persons will be
JO JUDITH A. CHIEN
TARY PUBLIC, State of New York
,/~ 4796131, Suffolk County
I~rn~ EXpiles March 30
July 3, 1984.
JUDITH T.
iTJyln-4613 .
STATE OF NEW YORK )
! SS:
COUNTY OF SUFFOLK )
RTI,qAN W. ALLAN of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, 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 one
weeks successively, commencing on the ] ?th
dayof July 1984
Principal Clerk
Sworn to before mn this 1 2 th
day of. July 1984
LEGAL NOTICE
· ONLOCAL f~W
~I~ i~l~.~l~l~[~ ~4a hereby
~ ~t ~ h~ ~en
~ ~, A ~al
~w ~p~ ~e ~min.
~t~ ~e~ of
· e ~ ~ ~ Un~
C~' ~ ~e ~ T~n
of ~ am~ded~ by
add~a a'~w kha~er the~te,
m ~?~h~r ~, f~ ~e
fol~ng ~: A~- 18
~e ~e ~,, ~ed
by ~ ~7 ~' ~ ~
at~ ~a ~ ~n-
fo~ C~L w~ ~ke
which ~ ~~nt
shall adm~t~ en~
on ~d ~ ~. It is the
pu~ ~ ~p~r to
a~le in ~ ~ ~e
T~ Oe~ ~y ~t~st~
~o~ dung ~s~s
hours.
N~IS ~R O~-
EN ~at ~e T~n B~ ~ ~e
T~ ~ ~th~d ~hold a
pu~ ~ ~ ~e ~id
~1~ ~ at ~e ~old
T~n H~, ~ R~d~ '~.
old,N~ Y~, on ~ 17~ ~y
~ July, ~, at 3:~ P.M., at
which ~ afl Intend ~r-
so~ ~ ~ ~.
DA~: July 3, 1~.
J~ T. ~RRY
SO~OLD TO~ CLERK
1T-7/12/~(1)
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Potrfcia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is o printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for
........................................ weeks
successively, commencing on the /~-
day . ~ ·
Sworn to before me this /2 ~
................................ day of
................. ............. ,
Notary Public
BARBARA FORBI:~,
Notar~ Public, State of tXe~v York
No, 4806846
~mlifie~ in Suffolk County
Commission Expires Mm'c:~ ~, 19 c~-~