A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, improvement, conversion
or change in the nature of the occupancy of any building or structure,
or cause the same to be done, without first obtaining a separate building
permit from the Code Enforcement Officer for each such building or
structure. No building permit shall be required for:
(1)
Necessary repairs which do not materially affect structural
features.
(2)
Alterations to existing buildings, provided that the
alterations:
(a)
Cost less than $10,000;
(b)
Do not materially affect structural features;
(c)
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits;
(d)
Do not involve the installation or extension
of electrical systems;
(e)
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys and flues.
(3)
Residential storage sheds and other small noncommercial
structures less than 140 square feet which are not intended for use
by one or more persons as quarters for living, sleeping, eating or
cooking (for example, a small storage building).
(4)
Nonresidential farm buildings, including barns, sheds,
poultry houses and other buildings used directly and solely for agricultural
purposes.
B.
Application for a building permit shall be made to
the Code Enforcement Officer on forms provided by the Code Enforcement
Officer and shall contain the following information:
(1)
Identification and/or description of the land on which
the proposed work is to be done.
(2)
Description of the use or occupancy of all parts of
the land and the existing or proposed building.
(3)
Description of the proposed work.
(4)
The full name and address of the owner and of the
applicant, and the names and addresses of their responsible officers,
members, or representatives, whichever is applicable, if any of them
are corporations, limited-liability companies, trusts or any other
entity, and the name and address of the owner's authorized agent,
if any.
(5)
A statement that the applicant consents to permit
the Code Enforcement Officer and any officer or employee of the Building
Department to enter upon the premises without a search warrant for
the purposes of any inspections authorized or permitted by any provision
of this chapter or any federal, state or local law, ordinance, code,
rule or regulation.
(6)
Such other information as may reasonably be required
by the Code Enforcement Officer to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances,
codes, rules and regulations.
(7)
The required fee.
C.
The application shall be signed by the owner or the
owner's authorized agent.
D.
The application shall be made by the owner or by the
agent, architect, engineer or builder employed in connection with
the proposed work. Where such application is made by a person other
than the owner, it shall be accompanied by an affidavit of the owner
that the proposed work is authorized by the owner and that the applicant
is authorized to make such application; and the affidavit shall contain
a statement that the owner authorizes the applicant to consent to
permit the Code Enforcement Officer and any officer or employee of
the Building Department to enter upon the premises without a search
warrant for the purposes of any inspections authorized or permitted
by any provision of this chapter or any federal, state or local law,
rule or regulation.
E.
Each application for a building permit shall be accompanied
by two copies of building plans and specifications that include all
design criteria, together with four copies of a plot plan, drawn to
scale, 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, and widths and grades of adjoining streets, walks and alleys.
One of such copies of the plot plan shall have attached thereto a
completed driveway permit application, and one of such copies of the
plot plan shall have attached thereto a completed 911 numbering application.
The application shall also include details of energy, structural,
mechanical and electrical work, including computations, stress diagrams
and other essential technical data. Plans and specifications shall
bear the signature of the person responsible for the design and drawings
and, where required by § 7202 or 7302, as amended, of Article
145 or 147 of the Education Law of the State of New York, the seal
of a licensed architect or a licensed professional engineer. The Code
Enforcement Officer may waive the requirement for filing plans and
specifications when the work to be done involves minor alterations,
or is otherwise unnecessary, and issue a building permit so stating.
F.
The applicant shall notify the Code Enforcement Officer
of any changes in the information contained in the application during
the period for which the permit is in effect. Amendments, if any,
to the application or to the plans and specifications accompanying
the same shall be filed with the Code Enforcement Officer and approval
must be received from the Code Enforcement Officer prior to the commencement
of such change of work.
A.
The Code Enforcement Officer shall examine or cause
to be examined all applications for permits and the plans, specifications
and documents filed therewith. The Code Enforcement Officer shall
approve or disapprove the application within 60 days from the date
of submission of the application. If the property for which the permit
application is submitted has any violations existing at the time the
application is made, the application shall be disapproved unless the
application is being submitted to obtain a permit for work required
to correct the violation. When a permit is issued under such circumstances,
the fees associated therewith shall be twice the otherwise required
amount.
B.
Upon approval of the application and upon receipt
of the required fees therefor, the Code Enforcement Officer shall
issue a building permit to the applicant upon the form prescribed
by the Code Enforcement Officer and shall affix his or her signature
or cause his or her signature to be affixed thereto.
C.
Upon approval of the application, two sets of plans
and specifications shall be endorsed with the word "approved." One
set of such approved plans and specifications shall be retained in
the files of the Building Department and the other set shall be returned
to the applicant, together with the building permit, and shall be
prominently displayed by the applicant at the building site or premises
to which it pertains, in a dock box or an equivalent approved by the
Code Enforcement Officer.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
codes and/or regulations, the Code Enforcement Officer shall disapprove
the same and shall return the plans and specifications to the applicant.
Upon the request of the applicant, the Code Enforcement Officer shall
cause such refusal, together with the reasons therefore, to be transmitted
to the applicant, in writing.
A.
A building permit shall be effective to authorize
the commencing of work for a period of one year after the date of
its issuance. For good cause, and/or following a performance work
schedule that is submitted with original permit application, the Code
Enforcement Officer may allow a maximum of two extensions for successive
periods not exceeding one year each. All work shall conform to the
approved application, plans and specifications and shall be in accordance
with applicable building laws, ordinances, codes, rules and regulations
in effect at the time of issuance of the certificate of occupancy
or certificate of compliance.
B.
Building permits and approved plans and documents
with the inspection schedule shall be prominently displayed on the
job site at all times during the progress of the work so as to be
readily seen from adjacent thoroughfares in a dock box or an equivalent
approved by the Code Enforcement Officer. Projects with multiple permits
require multiple boxes.
C.
Inspections during construction.
(1)
Work for which a building permit has been issued hereunder
shall be inspected for approval prior to enclosing or covering any
portion thereof and upon completion of each stage of construction,
including, but not limited to, building location, site preparation,
excavation, foundation, framing, superstructure, electrical, plumbing
and heating, and air conditioning. It shall be the responsibility
of the owner, applicant, or his agent to inform the Code Enforcement
Officer that the work is ready for inspection and to schedule such
an inspection 48 hours in advance.
(2)
Work which requires special inspections during construction
shall be the responsibility of the owner, applicant, or his agent
to provide a list, at his or her expense. A statement of the special
inspections, including a complete list of materials and work requiring
such inspections, and a list of the individuals and approved agencies
shall be provided to the Code Enforcement Officer for the permit application
file. The reports of such special inspections shall be provided to
the Code Enforcement Officer for the permanent record.
(3)
If entrance to make an inspection is refused or cannot
be obtained, the Village Board, after being notified by the Code Enforcement
Officer of the situation, may apply to any court of competent jurisdiction
for an order to make an inspection.
D.
All locations where work is being performed shall
have suitable containers on site at all times to accommodate any and
all construction debris. These containers shall be covered when not
attended. No outside storage of construction or project-related debris
shall be permitted to accumulate, and all outside areas of the work
site must remain free of debris, trash and garbage and regularly cleaned.
Upon request, documentation establishing lawful disposal of construction
debris shall be produced to the Code Enforcement Officer.
The Code Enforcement Officer may revoke a building
permit theretofore issued in any of the following instances:
A.
Where the Code Enforcement Officer 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 the Code Enforcement Officer finds that the
building permit was issued in error and should not have been issued
in accordance with the applicable law.
C.
Where the Code Enforcement Officer finds that the
work performed under the permit is not being prosecuted in accordance
with the provisions of the application, plans or specifications.
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Code Enforcement Officer.
A.
Whenever the Code Enforcement Officer has reason to
believe that the work on any building or structure is being performed
in violation of the provisions of the applicable building laws, ordinances,
codes, rules or regulations, or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued, or not in conformance with an approved
site plan, special use permit, subdivision or variance, or in an unsafe
and dangerous manner, the Code Enforcement Officer shall notify the
owner of the property or the owner's agent to suspend all work, and
any such persons shall forthwith stop such work and suspend all building
activities until the stop order has been rescinded. Such order and
notice shall be in writing, shall state the conditions under which
the work may be resumed and may be served upon a person to whom it
is directed either by delivering it personally to the person or by
posting the same upon a conspicuous portion of the building where
the work is being performed and sending a copy of the same to the
person by certified mail at the address set forth in the application
for the building permit.
B.
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under Article V of this chapter or under any other applicable federal, state or local law, ordinance, code, rule or regulation. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stopwork order.
The Code Enforcement Officer, upon the showing
of proper credentials and in the discharge of the Code Enforcement
Officer's duties, shall be permitted to enter upon any building, structure
or premises without interference during reasonable working hours.
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Code Enforcement Officer.
B.
No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance
of a building permit, shall be occupied or used for more than 30 days
after the completion of the alteration or work unless a certificate
of occupancy shall have been issued by the Code Enforcement Officer.
C.
No change shall be made in the nature of the occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Code Enforcement Officer.
D.
The owner or the owner's agent shall make application
for a certificate of occupancy. Accompanying such application and
before the issuance of a certificate of occupancy, there shall be
filed with the Code Enforcement Officer an affidavit of the registered
architect or licensed professional engineer who prepared the original
plans, or of the registered architect or licensed professional engineer
who supervised the construction of the work, or of the superintendent
of construction who supervised the work and who, by reason of the
person's experience, is qualified to supervise the work for which
the certificate of occupancy is sought. Such affidavit shall state
that the deponent has examined the approved plans of the structure
for which a certificate of occupancy is sought and that the structure
has been erected in accordance with approved plans and, as erected,
complies with the laws, ordinances, codes, rules and regulations governing
building construction or as varied by a variance which has been legally
authorized. Such variances and qualifying conditions imposed therewith,
if any, shall be specified in the affidavit.
Before issuing a certificate of occupancy, the
Code Enforcement Officer 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 or
change the use or nature of occupancy, and the Code Enforcement Officer
may conduct such inspections as the Code Enforcement Officer deems
appropriate from time to time during and upon completion of the work
for which a building permit has been issued. There shall be maintained
in the Building Department a record of all such examinations and inspections,
together with a record of findings of violations of the law.
A.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances, codes, rules and regulations, and also
in accordance with the application, plans and specifications filed
in connection with the issuance of the building permit, the Code Enforcement
Officer shall issue a certificate of occupancy upon the form provided
by the Code Enforcement Officer. If it is found that the proposed
work has not been properly completed, the Code Enforcement Officer
shall not issue a certificate of occupancy and shall order the work
completed in conformity with the building permit and in conformity
with the applicable building laws, ordinances, codes, rules and regulations,
and also in accordance with the application, plans and specifications
filed in connection with the issuance of the building permit.
B.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after written application therefor is
made.
C.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances, codes, rules and regulations and shall specify the use
or uses and the extent thereof to which the building or structure
or its several parts may be put.
Upon request, the Code Enforcement Officer may
issue a temporary certificate of occupancy for a building or structure
or part thereof before the entire work covered by the building permit
shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life or the public health or welfare. A temporary certificate of occupancy
shall remain effective for a period not exceeding three months from
its date of issuance. For good cause the Code Enforcement Officer
may allow a maximum of two extensions for periods not exceeding three
months each.
