Except as otherwise provided in § 64-5, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof; excavations; and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from a Code Enforcement Officer.
No building permit shall be required for work
in any of the following categories:
A.
Installation of swings and other playground equipment
associated with residential dwellings;
B.
Installation of swimming pools associated with residential
dwellings where such pools are designed for a water depth of less
than 24 inches and are installed entirely above the ground;
C.
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
D.
Construction of retaining walls unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
E.
Construction of temporary motion picture, television
and theater stage sets and scenery;
F.
Installation of window awnings supported by an exterior
wall of a residential dwelling;
G.
Installation of partitions or movable cases less than
five feet nine inches in height;
H.
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
I.
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
J.
Replacement of any equipment, provided that the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
K.
Repairs, provided that such repairs do not involve:
(1)
The removal or cutting away of a load-bearing wall,
partition, or portion thereof or of any structural beam or load-bearing
component;
(2)
The removal or change of any required means of egress
or the rearrangement of parts of a structure in a manner which affects
egress;
(3)
The enlargement, alteration, replacement or relocation
of any building system; or
(4)
The removal from service of all or part of a fire-protection
system for any period of time, except in the event of a bona fide
emergency.
Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as a Code Enforcement Officer deems sufficient to permit a determination that the intended work complies with all applicable requirements of Chapter 185 of this Code, the Uniform Code, the Energy Code, and all other applicable laws. The application shall include or be accompanied by the following information and documentation:
A.
A description of the proposed work;
B.
The Tax Map number and the street address of the premises
where the work is to be performed;
C.
The occupancy classification of any affected building
or structure;
D.
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code;
E.
Proof of appropriate liability insurance, naming the
Town as the certificate holder, in an amount to be determined by the
Town, together with proof of appropriate disability and workers' compensation
insurance or an approved affidavit of exemption; and
F.
At least two sets of construction documents (drawings
and/or specifications) which:
(1)
Define the scope of the proposed work;
(2)
Are prepared by a New York State registered architect
or licensed professional engineer where so required by the Education
Law;
(3)
Indicate with sufficient clarity and detail the nature
and extent of the work proposed;
(4)
Substantiate that the proposed work will comply with Chapter 185 of this Code, the Uniform Code and the Energy Code; and
(5)
Where applicable, include a site plan that shows any
existing and proposed buildings and structures on the site, the location
of any existing or proposed well or septic system, the location of
the intended work, and the distances between the buildings and structures
and the lot lines.
Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in § 64-7F. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by a Code Enforcement Officer, in writing or by stamp. One set of the accepted construction documents shall be retained by the Town, and one set of the accepted construction documents shall be returned to the applicant and be kept at the work site to be available for use by a Code Enforcement Officer.
A Code Enforcement Officer shall examine the application and, if satisfied that such application complies with all applicable requirements of Chapter 185 of this Code, the Uniform Code, the Energy Code, and all other applicable laws, shall thereupon issue a permit for the proposed construction and return one copy of the application with the permit to the applicant. If the proposed structure or alteration or proposed use shall not comply with all applicable requirements of Chapter 185 of this Code, the Uniform Code, the Energy Code, and all other applicable laws, one copy of the application shall be returned to the applicant with the notation that a permit has been refused and the grounds for such refusal. A duplicate copy of the application shall be retained by the Town, on which shall be noted the date of the issuance of the permit or, if a permit has been refused, the grounds for such refusal.
Building permits shall be visibly displayed
at the work site and shall remain visible until the authorized work
has been completed.
All work shall be performed in accordance with
the construction documents which were submitted with and accepted
as part of the application for the building permit. The building permit
shall contain such a directive. The permit holder shall immediately
notify a Code Enforcement Officer of any change occurring during the
course of the work. The building permit shall contain such a directive.
If a Code Enforcement Officer determines that such change warrants
a new or amended building permit, such change shall not be made until
and unless a new or amended building permit reflecting such change
is issued.
Building permits shall expire 12 months after
the date of issuance. A building permit which has become invalid or
which has expired pursuant to this section may be renewed upon application
by the permit holder, payment of the applicable fee, and approval
of the application by a Code Enforcement Officer.
If a Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information or that the work for which a building permit was issued violates Chapter 185 of this Code, the Uniform Code or the Energy Code, the building permit shall be revoked or suspended until such time as the permit holder demonstrates that:
The fee specified in or determined in accordance with the provisions set forth in § 64-56 of this chapter must be paid at the time of issuance of a building permit or an amended building permit or renewal of a building permit.
