STATE OF NEW YORK

DEPARTMENT OF STATE

Oue CouueRcE PLAZA
99 WASHINGToN AVENUE

ANDREW M. CuoMo
GOVERNOR

ALBANY, NY 12231-0001

CESAR

wvvw.Dos.i{Y.Gov

A.

PERALES

SECRETARY oF STATE

October 6,2075

Village of Spring Valley, New York
200 North Main Street
Sprine Valley, New York 10977

Attn:

Hon. DemezaDelhommeo Mayor

Re:

Order Pursuant to Executive Law $ 381 (4)

Dear Mayor Delhomme:
Enclosed please find a true and complete copy of an Order, dated October 6,2}l5,issued by Secretary of State
Cesar A. Perales to the Village of Spring Valley pursuant to Executive Law g 381 (4). This Order compels the
Village to comply with the standards for administation and enforcement ofthe State Uniform Fiie Prevention
and Building Code (the "Uniform Code") promulgated pursuant to Executive Law g 381 (1). The original
Order has been entered in the ofEce of the Departuent of State.
Please note in particular the specific ordering paragrapbs at pages 9 through 13 of the Order, and the deadlines
established in those paragraphs.

Thank you in advance for your anticipated compliance and cooperation.

Director, Division of Building Standards and Codes
(518) 474-4073
Ronald.Piester@dos.ny. gov
Enc.

NEWYORK
STATE OF

OPPORTUNITY-

Deoartment
of State

 STATE OF NEW YORK

DEPARTMENT OF STATE

ANDREW M. CUoMo

ONE CoMMERCE PLAZA

GovERNoR

99 WASHINGToN AvENUE
ALBANY,

t{Y 1223'1.0001

CESAR

www.Dos,NY.eov

A.

PERALES

SECRETARY OF STATE

STATE OF NEW YORK
DEPARTMENT OF STATE

In the Matter of the Investigation by the New York State
Department of State, by its Division of Building Standards and
Codes, of certain aspects of the administration and enforcement
of the State Uniform Fire Prevention and Building Code by the

ORDER ISSUED PURSUA}{T TO
EXECTmVE LAW $ 381(4)
(FTRST ORDER)

VILLAGE OF SPRING VALLEY, NEW YORK

'TO:

VILLAGE OF SPRING VALLEY, NEW YORK
200North Main Street
Sprine Valley, New York 10977
Attn: Hon. Demeza Delhomme, Mayor

PLEASE TAKE NOTICE that this Order is issued by the New York State Secretary of State pursuant to
Executive Law $ 381(4).

RECITALS
The Village of Spring Valley (the "Village") is responsible for the administration and enforcement of
the State Uniform Fire Prevention and Building Code (the "Uniform Code") and the State Energy Conservation
Constnrction Code (the "Energy Code") with respect to buildings and structures located in the Village. See

Executive Law $ 381(2).
The Village's administration and enforcement of the Uniform Code must cornply, at a minimum, wffi
the standards for administation and enforcement of the Uniform Code as established by regulations adopted by
n'secretary") pursuant to Executive Law 381(1). Those standards
the Now York State Seuetary of State (the
$
(the "Minimum Standards") include, but are not necessarily limited to, the standards set forth in 19 NYCRR

PartL203.
ln response to certain conceqns first brought to the attention of the New York State Deparfrnent of State
(the "Department') by the Rockland County Illegal Housing Task Force (the "Task Force"), the Department

4-

f&.wvonr
Department
srArEoF
oPnollrrilmr.

\r-

of State

 Order Pursuant to Executive Law $ 381(4)

(First Order)
Village of Spring Valley, New York
October 6,2015
Page2
and the Department's Division of Building Standards and Code (the "Division') conducted a review of certain
aspects of the Village's program for administration and enforcement of the Uniform Code (the "Village's Code

Enforcement Prograrn"),

I

Dgring the Department's review of the Village's Code Enforcement Frogram, the Department requested
the Village to provide, from the records and related materials it is required to maintain, excerpts, summaries,
tabulations, statistics and other information and accounts of its activities in connection with administration and
enforcement of the Uniform Code, In addition, Division employees made several visits to the Village's
Building Department, duringwhich Division employees interviewed employees of the Village's Building
Department, reviewed certain files, and accompanied employees of the Village's Building Department on site
visits to certain properties in the Village.

Division employees observed one or more factory manufactured buildings (commonly refered to as
,6odular buildings") at each of the three properties identified by the Task Force. It appears that these factory
o'pre-manufactured trailers
[used]
manufactured buildings are the buildings identified by the Task Force as thb
ootemporary classrooms'n at 2 Funston Avenue, and the "pre-manufacfured
as classrooms" at23 Union Road, the
classrooms" at 89 South Main Street / 106 South Madison Avenue.
On January 28,z}ls,after more than a year of ditigent efforts to obtain information and documentation
from the Village, the Division submitted a letter to the Mayor of the Village, setting forttr four (4) Preliminary
Findings:

:

The Village has not complied with the minimum standards relating to building

permits and applications for building pemrits.

preliminary Finding 2: The Village has not complied with the minimum standards relating to
construction inspections, final inspections, and certificates of occupancy.2

I

In a letter dated October L},z}l3,the Task Force identified three specific properties in Spring Valley as
subject of the Task Force's concems: 23 Union Road (as to which the Task Force alleges that ttre Village "has
permitted pre-manufactured trailers to be installed on site for use as classrooms, without compliance with New
york State code'); 2 Funston Avenue (as to which the Task Force alleges that "Former one-family home
converted to school, dormitory, utilizing temporary classrooms without compliance with applicable codes");
and 89 South Main Street and 106 So. Madison Avenue (as to which the Task Force alleges 'oOld former public
high school has been converted for private school, with numerous violations of state codes. Pre-manufactured
classrooms installed not in compliance with New York state codes").
The Minimum Standards contemplate that acertificate of occupancy may be called a "certifioate of
compliance.,o The Minimum Standards also provide that-under certain circumstances, a temporary certificate
occupancy may be issued. For simplicity in this Order, the term "certificate of occupancy" shall mean a
certificate of otcupancy, a certificate of compliance or a temporary certificate of occupancy.

2

of

 Order Pursuant to Executive Law $ 381(4)
@irst Order)
Village of Spring Valley, New York
October 6,2015
Page 3

Prelimiqary Finding 3: The Village has not complied with the minimum standards relating to periodic
fire safety and property maintenance inspections
Preliminary Finding 4: The Village has failed to oomplY with other minimum standards, including, but
not limited to, the requirement that the Village exercise its code enforcement powers in a due and proper
manner so as to extend to the public protection from the hazards of fire and inadequate building
construction (see l9 NYCRR section 1203.2(d)).
The January 28,2[L51etter stated that the Preliminary Findings were based on the information and
documentation that had been provided by the Village through the date of that letter, and on the inferences
permitted by the Village's failure to provide other information and documentation. That letter set forth, in
considerable detail, the basis forthe Preliminary Findings.
On or about February 17,20L5, The Division received a letter (dated February 6,2015) from the
Village,s Deputy Building Inspector. The Village's February 6,20L5letter included the following responses to
the Preliminary Findings set forth in the in Division's January 28,2015letter:

e

With regard to Preliminary Finding I (Building Permits and Applications for Building Permits), the
Village's February 6,z}lsletter included assurances that the three properties identified by the Task
Force were under "strict investigation to ensure that the proper documentation [had been] filed" and,
if not, that "proper action will be taken to ensure compliance.'o

o

With regard to Preliminary Finding 2 (Construction Inspections, Final Inspections and Certificates of
Occupancy), the Village's February 6,20t5 tetter included assurances that the three properties
o'strict investigation to ensure that the required inspections
identified by the Task Force were under
were properly conducted and that a certificate of occupancy w'as properly issued: and, if not, that
o'proper action will be taken to ensure compliance."

o

With regard to Preliminary Finding 3 (Fire Safety and Property Maintenance Inspections), the
Village's February 6,2OL5letier included assurances that "proper steps are curreutly in motion to
better manage the fire safety program; such as, looking to hire more Fire Inspectors, better office
management and time management of inspectors to get the most out of a workday, software and
hardware to expedite the inspection and record keeping process."

o

With regard to Preliminary Finding 4 (Violation of Other Minimum Standards), the Vitlage's
February 6,2015 letter included assurances that "(s)hort and long term plans are being created that
will properly guide the [Village's building] departmen! as a team, on the day to day operations with
checks and balanoes to ensure the public protection from the hazards of fire and inadequate building
constnrction."

 Order Pursuant to Executive Law $ 381(4)

(First Order)
Village of Spring Valley, New York
October
Page 4

6,20t5

. To date, the Village has not provided the Department with the results of the "strict investigations"
referred to in the Village's response to Preliminary Findings and2; with information relating to the "steps . .

I

.

to better marage the fire safety program" referred to in the Village's response to Prelimiuary Finding 3; or with
further inforrration relating to development and implementation of the plans referred to in the Village's
response to Preliminary Finding 4.3

In March of 2015, Division employees visited the Village's Building Department on nine (9) days
within a three (3) week period. During those visits, Division employees interviewed employees of the Village's
Building Department, reviewed certain files, and accompanied employees of the Village's Building Department
on site visits, inspections, and court appearances.
While the Village has provided some of the information and documentation requested by the
Department, the Village has not provided all of the information and documentation requested by the
Department. The Village's failure to produce information and documentation requested by the Department
permits the Department to draw a negative inference with respect to the Village's compliance with the
Minimum Standards. See 19 NYCRR Sections 1203.3(i) and 1203.4(b).
Executive Law $ 381(4) provides that ifthe Secretary determines that a local government has failed to
administer and enforce the Uniform Code in accordance with the Minimum Standards, the Secretary is
authorized, inter alia,to "issue an order compelling compliance by such local government with the [Minimum
Standardsl."

FINDINGS
UPON review and consideration of the information and documentation provided by the Village to the
Department; consideration of the observations made by Division employees during their visits to the Village's
Building Deparhnent, review and consideration of those portions of the "Village of Spring Valley Code" that
were identified by the Village as the provisions that establish the Village's Code Enforcement Program or
otherwise relate to the Village's adminishations and enforcement of the Uniform Code, and consideration of the

On or about luly 24,2}l5,during a telephone conversation with the Division's Director, the Village Building
Department adviied that (1) the "hailet'' instafled at 2 Funston Avenue was still located at the site, but was no
longer in use, (2) that a fiie-damagedbuilding at the_site had been demolished, (3) that a permit had been issued
forihe construttion of a new buitding at the site; and (4) that the new building was being constructed.
3

 Order Pursuant to Executive Law $ 381(4)

(First Order)
Village of Spring Valley, New York
October 6,20L5
Page 5

negative inferences drawn from the Village's failure to provide certain information and documentation
requested by the Department, the Secretary makes the following FINDINGS:

l.

The Minimum Standards require the Village to conduct fire safety and property maintenance
inspections of buildings that contain an area of publio assembly at intervals not to exceed one year; and fire
safety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at
intervals consistent with local conditions, but in no event shall such intervals exceed one year for dormitory
buildings and three years for all otherbuildings. See 19 NYCRR section 1203.3(h). The Village's policies and
practices for conducting fire safety and property maintenance inspections result in certain buildings in the
Village never being inspected, or being inspected at intervals that exceed those permitted by the Minimum
Standards. For example, the Village has established "fire inspection zones." However, certain areas of the
Village are not located in any of those fire inspection zones, and buildings in those areas of the Village that lie
outside the established fire inspection zones are never inspected or are inspected at intervals that exceed those
permitted by the Minimum Standards. ln addition, the Village inspects buildings on a zone-by-zone basis. The
Village is unable to inspect all buildings in all zones in any given year. However, at the beginning of a new
year, rather than inspecting the buildings in zones that were not inspected during the preceding ygar, the Village
starts inspecting buildings in the same zone where it started in the preceding year. As a result, certain buildings
in the Village are never inspected, or are inspected only at intervals in excess of those pennitted by the

Minimum Standards. Based on the foregoing, the Secretary finds that
(a) Regarding buildings that contain an area of public assembln the Village is not conducting fire safety
and property maintenance inspections at intervals that do not exceed one year;
(b) Regarding dormitory buildings, the Village is not conducting fire safety and property maintenance
inspections at intervals that are consistent with local conditions and that do not exceed one year; and

(c) Regarding all multiple dwellings (other than dormitory buildings) and all nonresidential
occupancies, the Village is not conducting fire safety and property maintenance inspections at
intervals that are consistent with local conditions and that do not exceed tluee years.
require the Village to provide for administration and enforcement of the
Uniform Code by local [aw, ordinance or other appropriate regulation and to include in such local law,
ordinance or regulation the features described in 19 NYCRR section 1203.3. See 19 NYCRR section 1203.2(a).
The Village has codified all dr most of its local laws as the'oCode of the Village of Spring Valley''(hereinafter
referred to as the "Village Code").i The Village Code contains several building-related provisions.ii However,
the Vitlage Code contains no single Chapter or provision that clearly establishes a code enforcemsnt program

2. TheMinimum Standards

that contains.alt of the features required by 19 NYCRR section L203.3. In addition, EffiY of the buildingrelated provisions of the Village Code appear to have been adopted long ago, in many cases prior to the
adoption of the current version of 19 NYCRR Part t203, atdin some cases prior to the adoption of the current
vorsion of Artiole 18 of the Executiye Law. Upon review of the provisions of the Village Code that have been

 Order Pursuant to Executive Law $ 381(4)

(First Order)
Village of Spring ValleY, New York
October 6,20t5
Page 6

Departnent is unable
identified by the Village as relating to the Village's enforcement of the Uniform Code, the
in 19 NTYCRR
to veriff that the Village Code Enforcement Program includes atl of the features specified
section 1203.3. SpecificallY:

(a) The Se6etary finds no provision in the Village Code that satisfies the requirements of
section 1203.3(a),relating to building permits and applications for building permits;iii

19

NYCRR

(b) The Secretary finds no provision in the Village Code that satisfies the requirements of

19

NYCRR

(c) The Secretary finds no provision in the Viltage Code that satisfies the requirements of
section 1203.3(c), relating to stop work orders;

19

NYCRR

(d) The Secretary finds no provision in the Village Code that satisfies the requirements of
section 1203.3(d), relating to certificates of occupancy;

19

NYCRR

seotion I 203.3 (b), relating to construction inspections;

(e) The Secretary finds no provision in the Village Code that satisfies the requirements of 19 NYCRR
providing
section 1203.3(e), relating to notification to be.given by the chief of any fire department
involving
firefighting services in the Village to the code enforcement official of any fire or explosion
any structural damage, fuel buming appliance, chimney or gas vent.;

(f)

of 19 NTYCRR
The Secretary finds no provision in the Village Code that satisfies the requirements
seotion 1203.3(e),relating to operating permits;i"

(g) The Secretary finds no provision in the Village Code that satisfies the requirements of
and'
section 1203.3(h), relating to fire safety and property maintenance inspections;

19

NYCRR

(h) The Secretary finds no provision in the Village Code that satisfies the requirements of 19 NYCRR
asserting that
section 1203.3(i), relating to procedures for addressing bona fide complaints
laws, ordinances or
conditions or activities fail to comply with the Uniform Code or with local
and to inspection of
regulations adopted for administration and enforcement of the Uniforrr Code,
or the laws and/or
the conditions and/or activities alleged to be in violation of the Uniform Code
Code.
regulations adopted for adminisEation and elrforcement of the Unifomr

3. The Minimurrr

relating to
Standards require the Vitlage to establish and enforce certain requirements
for buitding permits, construction inspections, the final inspection to be

building permits, apptications
of a building or portion of a
performed before a certificate of occupancy is issued, and not permitting ocoupancy
NYCRR section 1203'3(a), (b), and
building unless a paoper certificate of occupancy has been issued. See 19
(d). In particular, the Minimum Standards provide that:

 Order Pursuant to Executive Law $ 381(4)

(First Order)
Village of Spring Valley, New York
October 6,20L5
PageT

(a)

The Village must not allow a new building to be constructed unless the owner files an application
for a building permit that includes all information and documentation required to allow the Vill.age
to determine that the work to be performed will comply with the Uniform Code; the Village reviews
the application and determines that the work desoribed in the application will comply with the
Unifonn Code; and the Village issues a building perrrit. The Village must not allow the building to
be used or occupied unless the Village performs all required construction inspections, including the
required final inspection; the Village confinns at.each stage that the work actually performed
complies with the Uniform Code; and the Village issues a certificate of occupancy;

(b)

The Village must not allow a factory manufactured building to be installed unless the owner files an
application for a building permit that includes all information and documentation required to allow
the Viltage to determine that the factory manufactured building complies with all provisions of the
Uniforrn Code applicable to the intended use of the faotory manufactured building and that the
installation of the factory manufactured building will comply with all applicable provisions of the
Uniform Code; the Village reviews the application and determines that the factory manufactured
building complies with all provisions of the Uniform Code applicable to the intended use of the

'

(c)

factory manufactured building and that the installation of the factory manufactured building will
comply with all applicable provisions of the Uniform Code; and the Village issues a building
permit. The Village must not allow the factory manufactured building to be used or occupied
unless the Village performs all required construction inspections and the required final inspeotion;
the Village confirms at each stage that the work actually performed complies with the Unifomo
Code; and the Village issues a certificate of occupancYi and
The Village must not allow all or any part of an existing building to be converted from one use or
occupancy (e.g., one family dwelling) to another (e.g., school or donnitory), unless the building (or
the portion of the building to be converted) is brought up to the Uniforrr Code's standards for the
new use or occupancy. That work must comply with the Uniform Code. The Village must not
allow that work to be perforrred unless the owner files an application for a building pennit that
includes all information and documentation required to allow the Village to determine that the work
to be performed will comply with the Uniform Code; the Village reviews the application and
determines that the work described in the application will comply with the Uniform Code; and the
Village issues a building perrrit. The Village must not allow the building to be used or occupied
unless the Village performs all required construction inspections and the required final inspection;
the Village confinns at each stage that the work actually perforrned complies with the Uniforrr
Code; and the Village issues a certificate of occupancy;

The Secretary finds that, with regard to the three (3) properties identified by the Task Force, the Village focused
either primarily or entirely on the Village's local zoning and land use laws and regulations; the Village failed to
enforce the Unifomr Code in accordance with the Minimum Standards; and-that in partioular, but not
necessarily by waY of limitation:

 Order Pursuant to Executive Law $ 381(4)
@irst Order)
Village of Spring Valley, New York
October 6,2015
Page 8

(a)

'

(b)

The Village allowed factory manufaotured buildings to be installed and used for various
occupancies (including, but not necessarily limited to, classrooms used to provide instruction to
pre-school, elementary school and/or high school students) without requiring the owners to apply

for and obtain appropriate building permits; without determining that the factory manufactured
buildings complied with all Unifonn Code provisions applicable to their intended use; without
determining that the installation of the factory manufactured buildings complied with all applicable
provisions of the Uniform Code; without conducting all required inspections during the installation
process; and without requiring the owners to obtain appropriate certificates of occupancy prior to
using and occupying the factory manufactured buildings; and
The Village allowed all or part of an existing building to be converted from one occupancy (onefamily dwelling) to another occupancy (school and/or dormitory) without requiring the owner to
apply for and obtain an appropriate building permit; without determining that the conversion
complied with all applicable requirements of the Uniform Code; without conducting all required
inspections during the conversion process; and without requiring the owner to obtain an
appropriate certifioate of occupancy prior to using and occupying the converted (or partially
converted) building.

The Minimum Standards require the Village to establish and maintain a system of records of the
Village's activities relating to the code enforcemont features desoribed in subdivisions (a) to (i) of 19 NYCRR
section 1203.3. See 1,9 NYCRR section 1203.3(D. The Secretary finds that records of the Village's Building
Department are incomplete and are not readily accessible and useful to the staffwho conduct constnrction
inspections, staff who conduct fire safety and property maintenanoe inspections, and staffwho respond to

4.

complaints.

DETERMINATIONS
and consideration of the information and documentation provided by the Village to the
Department; consideration of the observations made by Division employees duriug their visits to the Village's
Building Department, review and consideration of those portions of the'Village of Spring Valley Code" that
were identified by the Village as the provisions that establish the Village's Code Enforcement Program or

 PON review

otherwise relate to the Village's administrations and enforcement of the Uniform Code, consideration of the
negative inferences drawn from the Village's failure to provide certain information and documentation
requested by the Departnrent, and consideration of the FINDINGS set forttr above, the Secretary hereby
DETERMINES that the Village is not complying with the Minimum Standards relative to:

(1) Conducting fire safety and property maintenance inspections in the manner and with the frequency
required by 19 NYCRR Section 1203.3(h);

 Order Pursuant to Executive Law $ 381(4)

(First Order)
Village of Spring Valley, New York
October 6,20L5
Page 9

(2) Establishing a code enforcement program that contains all of the features set foih in 19 NYCRR
section 1203.3, as required by 19 NYCRR section 1203.2(a);

(3) Requiring ownerc of buildings to appty for and obtain appropriate building perrrits; deterrrining that
work to be performed will comply with the Unifonn Code; conducting required construction
inspections and final inspection to detennine that work actually performed complies with the
Uniform Code; and prohibiting the use or occupancy of a newly constructed building, a newly
installed factory manufactured building, a newly renovated or newly altered building, or a newly
converted (or partially converted) existing building without an appropriate certificate of occupancy;
and

(4) Establishing and maintaining a system of records of the Village's activities relating to the code
enforoement features described in subdivisions (a) to (i) of 19 NYCRR section 1203.3, as required
by 19 NIYCRR section 1203.3(i).
Based on the'foregoing, and pursuant to Executive Law $ 381(4),

IT IS HEREBY ORDERED

as

follows:

ORDER
Part 1 -Periodic Fire Safety and Property Maintenanee lnspections

IT IS HEREBY ORDERED that the Vitlage shall forthwith develop an accurate, complete, andup to
date list (hereinafter referred to'as the "lnspection List") of (1) all buildings in the Village that contain an area
of public assembln Q) alldormitory buildings in the Village, (3) all buildings in the Village currently being
used as nonpublic schools, (a) a[ multiple dwelling buildings (othor than dormitory buildiugs) in the Village,
and (5) and all buildings in the Village that include one or more nonresidential occupancies; and it is further
ORDERED'that the Village shall forthwith develop policies and practices for keeping the Inspection
List accurate, complete, and up to date; and it is further
ORDERED that the Village shall forthwith develop a schedule (hereinafter referred to as the "Inspection
Schedule") for conducting fire safety and property maintenance inspections of all buildings on the lnspection
List at intervals that comply with the requirements of 19 NIYCRR section 12303.(h), such Inspection Schedule
shall give priority to (1) buildings in the Village that contain areas of public assembly and that have not been
inspected by the Village within the last 12 months, (2) dormitory buildings in the Village that have not been
inspected by the Village within the last 12 months, (3) nonpublic schools in the Village that have not been
inspected by the Vittage within the last 12 months and that have not submitted a report of a fire inspeotion

 Order Pursuant to Executive Law $ 381(4)
(First Order)
Village of Spriug Valley, New York
October 6,2015
Page 10
pursuant to'Education Law $ 807-a to the New York State Department of Education within the last 12 months,a
(4) multiple dwelling buildings (other than dormitories) in the Village that have not been inspected by the
Village within the last 36 months, and (5) buildings that contain one or more nonresidential occupancies and
that have not been inspected by the Village within the last 36 months; and it is further

ORDERED that the Village shall submit (1) the lnspeotion List; (2) a certification as to the accuracy and
completeness of the Inspection List signed by the Mayor of the Village; (3) a description of the Village's
policies and practices for keeping the hspection List accurate, complete, and up to date; and (4) the Inspection
Schedule to the Division within thirty (30) days of the date of this Order; and it is further
ORDERED that the Village shall forthwith begin to perform fire safety and property maintenance
inspections of buildings on the Inspection List in accordance with the Inspection Schedule (or, if applicable, in
accordance with the lnspection Schedule as modified by the Division following its review of the Inspection
Schedule submitted by the Village); and it is further
ORDERED that the Village shall submit a written report of the inspections it has perfonned to the
Division not less than once every thirfy (30) days, starting no later than November 1,'2015 and continuing
thereafter until such time as the Department shall have notified the Village in writing that such reports are no
longer required;. and it is further

Part 2 - Villaee Code Enfqrcement Prosram

ORDERED that the Village shall forthwith review the Village Code (and, if applicable, &y other local
law, ordinance or other regulation establishing all or any part of the Village Code Enforcement Program) and
shall determine (l) whether the Village Code Enforcernent Program currently has all features required by 19
NYCRR section 1203.3 and (2) whether such features comply with all applicable requirements of 19 }IYCRR
section 1203.3; and it is further
ORDERED that if the Village determines that the Village Code Enforcement Program does not currently
include all features described in 19 NYCRR section L203.3 and/or that any feature of the Village Code
Enforcement Program does not comply with all applicable requirements of 19 NYCRR section 1203.3, the
Village shall promptly take suoh steps as may be required to modiff the Village Code Enforcement Program in
such manner as may be required to bring the Village Code Enforcement Program into full compliance with 19
NYCRR section L203.3: and it is further
a

The New York State Education Department recently provided the Department with a list of nonpublic schools
in Rockland County that have not submitted a report of a fire inspection pursuant to Education Law $ 807-a to
the New York State Departrnent of Education. A copy of that list is attached.

 Order Pursuant to Executive Law $ 381(4)

(First Order)
Village of Spring Valley, New York
October.6,2A15
Page 11
ORDERED that the Village shall submit awritten report of (l) its review of the Village Code (and, if
part of the Village Code
applicable, of any other local law, ordinance or other regulation establishing all or any
Enforcement program), (2) the Village's deterrrinations regarding compliance by the Village's Code
Enforcement program with the requirements of 19 NYCRR seotion 1203.3 (including, for each feature
described in 19 NyCRR section L203.3, a precise identification of the provision or provisions in the Village
part of the
Code [or, if applicable, in any other local law, ordinance or other regulation establishing all or any
Village Code Enforcement Program] that establishes such feature), and (3) if applicable, the steps taken or to be
to
taken by the Vi[age to modiff the Village Code Enforcement Program in such lnanner as may be required
the
L}Oi.3,to
brt"t dr Village 6ode Enforcement Program into fuIl compliance with 19I{YCRR section

Division within thirty (30) days of the date of this Order; and it is fuittrer

Final Inspectiqns / Certificates of Occupancy
ORDERED that for each building currently located at any of the three properties identified by the Task
for each
Force (vi2.,23 Union Road, 2 Funston Avenue, and 89 So. Main Street / 106 So. Madison Avenue) and
building located in the Village that is currently being used as a nonpublic school (such buildings being
the
hereinafter referred to collectively as the "subject Buildings" and individually as a "Subject Building'),
pennit
containing
all
Village shall forthwith investigate and determine (1) whether an application for a building
information and documentation required by the Minimum Standards was filed for any construction or
Building; (2)
installation of addition to, renovation of, or change of occupancy of all or any part of such Subject
applicable
whether the Village deterrrined that the work described in such application would comply with all
(4)
whether the
permit
such
work;
for
provisions of the Uniform Code; (3) whether the Village issued a building
(5)
Village performed all construction inspections required by the Minimum Standards for such work; and
for such work; and it is
whether the Village performed the final inspection required by the Minimum Standards
further
ORDERED that for each Subject Building, the Village shall forthwith investigate and determine whether
in accordance
such Subject Building has a valid and currentty effective certificate of occupancy that was issued
it
is further
and
with the Minimum Standards and that authorizes each current use of such Subject Building;
ORDERED that if any Subject Building does not have a valid and properly issued certificate of
and (2)
occupancy, the Village shall promptly (1) post such Subject Building with a'odo oot occupy''placard
part of
commenoe an appropriate aotion or proceeding to compel any persons or entities gccupylng all or any
have
such Subject Auilding cease such occupancy until such time as any and all Uniform Code violations shall
is
further
been corrected and a certificate of occupancy shall have been properly issued; and it

with the
ORDERED that if any Subject Building has a certificate of occupancy that is not in compliance
is
or
that
properly
issued,
not
otherwise
applicable provisions of l9 NyCRR Seotion 1203.3(d), or that was

 Order Pursuant to Executive Law $ 381(4)
(First Order)
Village of Spring Valley, New York
October 6,2015
Page 12
otherwise invalid, the Village shall promptly commence an appropriate action or proceeding to revoke or
suspend such certificate of occupancy; and it is further

ORDERED that the Village shall submit a written report of its investigations and determinations made
pursuant to the first two paragraphs in this part q of this Order and of the steps taken by the Viltage pursuant to
the third and fourth paragraphs in this Part 4 of this Order to the Division not less.than once every thirty (30)
days, starting no later than November 1,2015 and continuing thereafter until such time as the Department shall
have notified the Village in writing that such reports are no longer required; and it is fuither
Part 4

-

Recordkeepine

ORDERED that the Village review its system of records of the Village's activities relating to the code
enforcement features described in subdivisions (a) to (i) of l9 NYCRR section 1203.3; that the Village
determine if such system can be updated or otherwise modified in a manner that would make records of the
Village's Building Department more complete and more readily accessible and useful to the staffwho conduct
construction inspections, staff rarho conduct fire safety and property maintenance inspections, and staff who
respond to complaints; and

it is further

Part 5 - Further Investieations / Further Orders / Other Actions

.

ORDERED, that the issuance of this Order is without prejudice to the right of the Secretary to conduct
further investigations of the Village's Code Enforcement Program, to supplement or otherwise amend this
Order, to issue further Orders, or to take any one or more of the other actions authorized by Executive Law $
381(4), either individually or in combination in any sequence, as deemed appropriate by the Secretary from time
to time.
Dated: Albany, New York
October 6,2015
Cesar A. Perales,
Secretary of State

Endnotes

iThe Vilage's website (http://www.villagespringvalley.orgD includes a link (entitled "Village Codes") to what
appears to be the Village Code, posted at: http://ecode360.com/SP1480?needHash:true.
iiSee, for example, Chapter 8 (the ooCode Enforcement Bureau Law"); Part 1 of Chapter 82 ("Building
Construction")l Part 2 of Chapter 82 (the'oFire Prevention Code of the Village of Spring Valley"); Chapter 89

 Order Pursuant to Executive Law $ 381(4)
(First Order)
Village of Spring Valley, New York
October 6,2015
Page 13

(l'-Ulsafe Buildings"); Chapter 93 ("Maintenance ofBuildings and Commercial Premises'); Chapter Ll2
("Electrical Standards"); Chapter 147 ("Housing Standards"); Chapter 192 ("Property Maintenance'); and
Chapter 255 (entitled the'Zoning Local Law of the Village of Spring Valley, New York," hereinafter referred
to as the "Village Zoninglaw").
iii Specifically, the Secretary finds
that (l) the provisions relating to oopermits" in Chapter 82 of the Vil.lage Code
(e.g., sections 82-15,82-36,82-58, 82-62,and 82-66) relate to permits required to maintain, store or handle
materials or to conduct processes, but not to building permits of the type contemplated by 19 NYCRR section
1203.3(a), and (2) the provisions relating to building pemrits and applications for building permits in Chapter
255 of the Village Code (the "Village Zonrnglaw") require complianoe with the Village Zoninglaw but do
not require compliance with the Uniforrn Code and, accordingly, the provisions relating to building permits and
applications for building permits in the Chapter 255 of the Villago Code do not satisff the requirements of 19

NYCRR section 1203.3(a).

i'Specifically, the Secretary finds that the provisions relating to 'opermits" in Chapter 82 of
the Village Code
(e.g., sections 82-15, 82-36,82-58, 82-62, and82-66) do not satisfr the requirements of 19 NYCRR section
1203.3(g).

'Specifically, the Secretary finds that neither section 8-4(CXl) of the Village Code nor section 82-11.1(A) of
the Village Code nor section 82-11.2(A) of the Village Code nor section 93-11(B) of the Village Code satisfies
the requirements of 19 NYCRR section 1203.30).
Section 84(CXl) of the Village Code provides that "It shall be the duty of the Building lnspector . . .(t)o cause
periodic inspections to be made of multiple dwellings and retail premises every three years or more often, if
deemed necessary by the Building Inspector."
Section 82-11.1(A) of the Village Code provides that "It shall be the duty of the Inspector to inspect or cause to
be inspected all buildings and premises as often as may be necessary for the purpose of ascertaining and causing
to be corrected any conditions liable to cause fire or any violations of the provisions or intent of this code and of
any other law affecting the fire hazard."

Section S2-11.2(A) of the Village Code provides that "All new and existing nonregistered business, mercantile,
industrial, storage, assembly, institutional, miscellaneous use and multiple-dwelling occupancies shall complete
a certificato of compliance-fire safety and current year registry form available from the office of the Fire
Inspeotor located within the Building Department of the Village of Spring Valley and shall be required to pay
the applicable inspection fee as set forttr in Chapter 118. A fire safety inspection shall be done after receiving
the completed fomrs and paynent of the fee."
Section 93-l l(B) of the Village Code (Inspection of premises) provides that "(1) Right of entry. The Building
Inspector and inspectors and assistants of the Building Deparhnent are hereby authorized and shall have the
right in the performance of their duties to enter any premises during nonmal business hours and in emergencies
whenever necessary to protect the public interest. (2) Duty of owner and occupant. Owners, agents, operators
and occupants shall be responsible for providing access to all parts of the premises within their control to
authorized inspectors aoting in the perfonnance of their duties.

 List of Non-Public Schools in Rockland with Missing Fire Safety Reports
SchoolName
Address
AH Schreiber HebrawAcademy of Rockland 360 New Hempstead Rd
Ateres Bias Yaakov Acad of Rockland
.236 Cherry Ln
Bais Chinuch L'Bonois
900 Route 45
Bais Shifra Miriam
229 Maple Ave
Bais Trany of Monsey
185 N. Main St
Bais Yaakov Ayeles Hashachnar
186 Saddle River Rd
Bais Yaakov Chofetz Chaim-Pomona
M Camp Hill Rd
Bais Yaakov D'Rav Hirsch
235 N. Main St - Ste'5
Bais Yaakov HS of Spring Valley
11 Smolley Dr
Baie Yaakov of Rambpo
16 Herschel Ter
Bais Yehuda
72 Main St
Bnei Yakov Yosef of Monsey
23 Union Rd
. 141 Blauvelt Rd
Bnos Chayil
Bnos Esther Pupa
246 N. Main St
Bobover Yeshiva of Monsey
88 Grove St
Cheder Chabad of Monsey
15 lMdman Ct
Community Enrichment Genter
I Zeissner Ln
Con Kolel Chasidel Rachminitl'ivka
97 Highview Rd
Cong Machzikei Hadas of Belz.
3 N. Cole Ave
'133 Rt.59
Cong Yeshiva of Greater Monsey
Congre Machon Tiferes Bachurim
17 Cameo Ridge Rd
185 N. Main St
Congregation Bais Chana Maika
201 Route 306
Congregation Birchos Yosef
246 N. Main St
Congregation Borov lnc
Congregation Koifer Nefesh
70 Highview
Congregation Mesilla
73 Main St
Congregation Noam E. Lisenk
100 S. CentralAve
174 Maple Ave
Congregation Ohr Yilzchok
240 Old Nyack Turnpike
Congregation Tiferes Yisroel
244 Route 306
Congregation Yeshivas Meon Hatorah
315 N. Main St
Hebrew Academy-Ohr Menachem Chabad
186 Saddle River Rd
lmrei Shufet
24A OW Nyack Turnpike
Mesivta Ahavas Hatorah
113 Maple Ave
Mesivta Maamar Mordechai
14 Roman Blvd
Mesvita of Yeshiva D'Monsey
50 Carlton Rd
Meisda Ziev Halorah
25-27 S. Monsey Rd
Monsey Beis Chaya Mushka-High School
5 Gibbs Ct
Mosdos Sanz Klausenburg of Monsey
50 Slinn Ave
Mosdos Sanz of Monsey
27 Church Rd
Pascack Valley Learning Center
972 Chestnut Ridge Rd
Rockland lnst for Special Children
450 W. Nyack Rd
Rockland Jewish Academy
52 S. Main Street
Shaarei Arazim of Monsey
9,l W. Carlton Rd
Shaarei Torah of Rockland
15 Widman Ct
Skill Building Center [fhe)

alg

New Gity
Monsey
New Clty
Monsey
Spring Valley
Monsey
Pomona
Spring Valley
Monsey
Monsey
Monsey
Spring Valley
Monsey
Spring Valley
Monsey
Spring Valley
Spring Valley
Suffem
.Spring Valley
Monsey
Monsey
Spring Valley
Monsey
Spring Valley
Monsey
Monsey
Nanuet
Monsey
Spring Valley
Monsey
New City
Monsey
Spring Valley
Spring Valley
Monsey
Monsey
Monsey
Monsey
Spring Valley
Airmont
Spring Valley
West Nyack
Spring Valley
Suffern
Spring Valley

 St. Dominic's Home
Talmud Torah Bobov
Talmud Torah KhalAdas Yereim
UTA
Yeshiva Avir Yaakov
Yeshiva Bais Hachinuch
Yeshiva DarcheiNoam
Yeshiva'Darkei Emunah
Yeshiva DegelHatorah
Yeshiva Gedolah of South Monsey
Yeshiva Hlgh School of Monsey
Yeshiva OhrTorah
Yeshiva Shaar Ephraim
Yeshiva T zoin Yosef
Y;,pgh i.v.eq Oh r Reuv. en

500 Western Hgwy
49 S. Main St
33 Union Rd
89 S. Main St
766 N. Main St
50 S. Main St
257 Grandview Ave
49 S. Main St - 1 st Floor
111 Maple Ave
260 Saddle River
91 Gotlege Rd
201 Route 306
5 AcerCt
15 Widman Ct
259 GrandviewAve

Blauvelt
$pring Valley
Spring Valley
Spring Valley
Spring Valley
Spring Valley
Suffem
Spring Valley
Spring Valley
Airmont
Monsey
Monsey
Monsey
SpringValley
Suffem