A.
Permits required. Except as otherwise provided in Subsection B of this section, a building and/or plumbing permit shall be required for any work which must conform to the Uniform Code and/or 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, 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 and/or plumbing permit is required without first having obtained a building and/or plumbing permit from the Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses) which are used for tool and storage
sheds, playhouses or similar uses, provided the gross floor area does
not exceed 144 square feet (13.38 square meters);
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(3)
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(4)
Construction of retaining walls unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(5)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(6)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(7)
Installation of partitions or movable cases less than
five feet nine inches in height;
(8)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(9)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(10)
Replacement of any equipment provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(11)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
(b)
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire-protection system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Plumbing permit.
(1)
Except as set forth in Section 1203.3A of Title 19 of the NYCRR, no person, firm or corporation shall install, remove or alter any sanitary or storm sewer, waste, vent or water pipe, conductor, plumbing fixture or other plumbing work, other than as set forth in Subsection D(2), without first obtaining a plumbing permit.
(2)
Repairs involving only the working parts of a faucet
or valve, the clearance of stoppages, the repairing of leaks or the
replacement of defective faucets or valves may be made without a permit,
provided that no alterations are made in the existing piping to fixtures.
E.
Performance of plumbing work. Plumbing work, including the installation of a sump pump, in the Town of Tonawanda, exclusive of the Village of Kenmore, shall be performed by or under the supervision of a master plumber and under a current license in accordance with Chapter 150, Plumbers, Licensing of, of the Code of the Town of Tonawanda, except that a resident owner of a one- or two-family residence may personally do his or her own work. If said owner chooses to subcontract such plumbing work, it shall be performed by or under the supervision of a master plumber under a current license in accordance with Chapter 150, Plumbers, Licensing of, of the Code of the Town of Tonawanda. All such work shall comply with all applicable laws, ordinances, rules and regulations.
F.
Applications for building and/or plumbing permits.
Applications for a permit shall be made in writing on a form provided
by or otherwise acceptable to the Code Enforcement Officer. 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 the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that the intended work complies with all applicable requirements of
the Uniform Code and Energy Code. The application shall include or
be accompanied by the following information and documentation:
[Amended 7-10-2017 by L.L. No. 4-2017]
(1)
A description of the proposed work;
(2)
The Tax Map number and street address of the premises
where the work is to be performed;
(3)
The occupancy classification of any affected building
or structure;
(4)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code;
(5)
At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code and Energy Code; and
(e)
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 lot lines;
(6)
The fee to be charged and collected;
(7)
Such additional information as may be needed or required
by the Supervising Code Enforcement Officer or his deputy; and
(8)
For all small-scale solar energy installations the Town shall require
the New York State Unified Solar Permit Application.
G.
Additional requirements for removal and demolition.
(1)
Bond and insurance. No building permit to remove a
building or structure shall be granted wherever it is necessary to
transport the same on highways in the Town of Tonawanda, New York,
exclusive of the Village of Kenmore, until the applicant files a bond
for at least $25,000 and a certificate or policy of insurance evidencing
coverage for the applicant's operations and naming the Town of Tonawanda,
New York as an additional insured in the amount of $1,000,000 combined
single limit for bodily injury and property damage liability. Removal
of any building must also be in accordance with any other applicable
laws, ordinances, rules or regulations.
(2)
Plumbing. No permit to demolish or remove a building
or structure shall be granted until all plumbing has been disconnected
as directed by the Town's Director of Water Resources.
(3)
Additional information or documentation may be requested
or required by the Supervising Code Enforcement Officer or his deputy
in their discretion.
H.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection F(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not commence until and unless a building permit is issued.
I.
Issuance or denial of building and/or plumbing permits.
An application for a building and/or plumbing permit shall be examined
within 60 days from the date of submission of the complete application
to ascertain whether the proposed work is in compliance with the applicable
requirements of the Uniform Code and Energy Code. The Code Enforcement
Officer shall approve or disapprove the application and issue a building
permit and/or plumbing permit if the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
J.
Permits to be displayed. building and/or plumbing
permits shall be visibly displayed at the work site and shall remain
visible until the authorized work has been completed.
K.
Work to be performed in accordance with construction
documents. 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, and/or plumbing permit. The building and/or plumbing
permit shall contain such a directive. The permit holder shall immediately
notify the Code Enforcement Officer of any change occurring during
the course of the work. The building and/or plumbing permit shall
contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building and/or plumbing
permit, such change shall not be made until and unless a new or amended
permit reflecting such change is issued.
L.
Time limits. building and/or plumbing permits shall
become invalid unless the authorized work is commenced within six
months following the date of issuance. building and/or plumbing permits
shall expire 12 months after the date of issuance. A building and/or
plumbing permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
M.
Revocation or suspension of building and/or plumbing
permits. If the Code Enforcement Officer determines that a building
and/or plumbing permit was issued in error because of incorrect, inaccurate
or incomplete information, or that the work for which a building and/or
plumbing permit was issued violates the Uniform Code or Energy Code,
the Code Enforcement Officer shall revoke the building and/or plumbing
permit or suspend the building and/or plumbing permit until such time
as the permit holder demonstrates that:
N.
Fee. The nonrefundable fee specified in or determined in accordance with the provisions set forth in § 54-20 of this chapter must be paid at the time of submission of an application for a building and/or plumbing permit, for an amended building and/or plumbing permit, or for renewal of a building and/or plumbing permit.
A.
Temporary permits may be issued to the owner or occupant
of a premises for temporary structures by the Code Enforcement Officer
after approval by the Town Board. Such permits shall expire and thereupon
be null and void upon occurrence of any of the following events:
(1)
Expiration of three months following completion of
the permanent structure;
(2)
Upon expiration, lapsing or voiding of the building
permit for the permanent structure;
(3)
Expiration of one year from the issuance of the permit
for such temporary structure; provided, however, that the Town Board
shall be permitted to extend such permit for a temporary structure
for an additional period of one year or less in its discretion.
B.
A permit for a temporary shelter may be issued to
the owner or occupant of a premises by the Code Enforcement Officer
for limited activities or special events as needed in accordance with
the following:
(1)
Such temporary shelter shall not be so located on
premises more than seven consecutive days.
(2)
No more than six permits per calendar year for temporary
shelters shall be issued to an owner or occupant of a particular premises.
(3)
Such temporary shelter shall not interfere with parking
requirements, vision clearance requirements or adjoining properties'
activities.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the
building permit has been completed.
C.
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and Energy Code,
reinspected, and found satisfactory as completed.
D.
All records concerning work progress and department
inspection of that work, together with a record of findings of violations,
shall be maintained in the office of the Town's Code Enforcement Officer.
E.
Tests and inspections of plumbing work.
(1)
Covering work. No plumbing work for which a permit
is required shall be covered until it has been inspected or tested
and approved as provided hereinafter.
(2)
Uncovering of work. If any plumbing work is covered
before being inspected and/or tested and approved as herein prescribed,
it shall be uncovered to allow inspection and testing.
(3)
Defective plumbing.
(a)
If inspection or testing shows defects, the
defective work and materials shall be replaced and the inspection
or testing performed again.
(b)
If upon inspection it is found that any plumbing
work causes foul, unwholesome or unsanitary conditions, such work
shall be properly repaired to rectify the condition.
(4)
Inspection of burrs. Where cuts are made and pipe
burrs form inside pipe, the burrs must be completely removed by reaming
or filing. In case it appears necessary to ascertain whether burrs
have been properly removed, the Code Enforcement Officer, his deputy
or assistants may require the work be removed and reinstalled to their
satisfaction.
(5)
Responsibility. The parties responsible for such work
shall be held responsible for all work until the same is completed
and approved upon final inspection.
F.
Reinspection. Whenever an inspection or test is required
to be performed by the provisions of this chapter and such inspection
or test may be done or made more than once because the work is incomplete
or improper or because of any other reason which is the fault of the
person, firm or corporation performing the work, then an additional
charge of $50 for each reinspection or test shall be rendered to and
paid by the person, firm or corporation performing the work.
A.
Authority to issue. The Code Enforcement Officer is
authorized to issue stop-work orders pursuant to this section. The
Code Enforcement Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement
Officer to be contrary to any applicable provision of the Uniform
Code or Energy Code, without regard as to whether such work is or
is not work for which a building permit is required, and without regard
as to whether a building permit has or has not been issued for such
work; or
(2)
Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the Code Enforcement Officer, without
regard as to whether such work is or is not work for which a building
permit is required, and without regard as to whether a building permit
has or has not been issued for such work; or
(3)
Any work for which a building permit is required which
is being performed without the required building permit, or under
a building permit that has become invalid, expired, or been suspended
or revoked.
B.
Content of stop-work orders. Stop-work orders shall
be in writing, be dated and signed by the Code Enforcement Officer,
state the reason or reasons for issuance, and if applicable, state
the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. The Code Enforcement
Officer shall cause the stop-work order, or a copy thereof, to be
served on the owner of the affected property (and, if the owner is
not the permit holder, on the permit holder) personally or by registered
mail. The Code Enforcement Officer shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
registered mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D.
Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work which is the subject of the
stop-work order.
E.
Remedy not exclusive. 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 as substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 54-19 of this chapter or under any other applicable local or state law. 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 stop-work order.
A.
Certificates of occupancy/certificate of compliance
required. A certificate of occupancy/certificate of compliance shall
be required for any work which is the subject of a building permit
and for all structures, buildings, or portions thereof, which are
converted from one use or occupancy classification or subclassification
to another. Permission to use or occupy a building or structure, or
portion thereof, for which a building permit was previously issued
shall be granted only by issuance of a certificate of occupancy/certificate
of compliance.
B.
Issuance of certificates of occupancy/certificate
of compliance. The Code Enforcement Officer shall issue a certificate
of occupancy/certificate of compliance if the work which was the subject
of the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
the structure, building or portion thereof converted from one use
or occupancy classification or subclassification to another complies
with all applicable provisions of the Uniform Code and Energy Code.
The Code Enforcement Officer or an inspector authorized by the Code
Enforcement Officer shall inspect the building, structure or work
prior to the issuance of a certificate of occupancy/certificate of
compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy/certificate of compliance, shall be provided
to the Code Enforcement Officer prior to the issuance of the certificate
of occupancy/certificate of compliance:
C.
Contents of certificates of occupancy/certificate
of compliance. A certificate of occupancy/certificate of compliance
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy/certificate of compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the certificate of occupancy/certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with
the issuance of the building permit; and
(10)
The signature of the Code Enforcement Officer issuing
the certificate of occupancy/certificate of compliance and the date
of issuance.
D.
Temporary certificate. The Code Enforcement Officer
shall be permitted to issue a temporary certificate allowing the temporary
occupancy of a building or structure, or a portion thereof, prior
to completion of the work which is the subject of a building permit.
However, in no event shall the Code Enforcement Officer issue a temporary
certificate unless the Code Enforcement Officer determines that the
building or structure, or the portion thereof covered by the temporary
certificate, may be occupied safely, that any fire- and smoke-detecting
or fire protection equipment which has been installed is operational,
and that all required means of egress from the building or structure
have been provided. The Code Enforcement Officer may include in a
temporary certificate such terms and conditions as he or she deems
necessary or appropriate to ensure safety or to further the purposes
and intent of the Uniform Code. A temporary certificate shall be effective
for a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and Energy Code.
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy and/or
certificate of compliance or a temporary certificate was issued in
error because of incorrect, inaccurate or incomplete information,
and if the relevant deficiencies are not corrected to the satisfaction
of the Code Enforcement Officer within such period of time as shall
be specified by the Code Enforcement Officer, the Code Enforcement
Officer shall revoke or suspend such certificate.
The chief of any fire department providing fire-fighting
services for a property within the Town shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
[Amended 8-11-2008 by L.L. No. 5-2008]
A.
Whenever the Code Enforcement Officer finds a building or structure, as defined in § 215-4C, or any part thereof, to be an imminent danger to the life and safety of the public in accordance with the provisions of the New York State Fire Code, the Code Enforcement Officer may cause it to be secured or demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.
B.
All costs and expenses incurred by the Town of Tonawanda
in connection with any work done to remove the danger, or in connection
with the demolition and removal of any such building or structure,
shall be assessed against the land on which such building or structure
is located, and a bill for such expenses shall be presented to the
owner of the property, or if the owner(s) cannot be ascertained, then
such bill shall be posted in a conspicuous place on the premises.
Such assessment shall be and constitute a lien upon such land. If
the owner(s) shall fail to pay for such expenses within 10 days after
the bill is presented or posted, a legal action may be brought to
correct such assessment or to foreclose such lien. As an alternative
to the maintenance of any such action, the Code Enforcement Officer
may file a certificate of the actual expenses incurred as aforesaid,
together with a statement identifying the property in connection with
which the expenses were incurred, and the owner(s) thereof, with the
Assessor, who shall in the preparation of the next assessment roll,
assess such amount upon such property. Such amount shall be included
in the levy against such property, shall constitute a lien and shall
be collected and enforced in the same manner, by the same proceedings,
at the same time and under the same penalties as is provided by law
for the collection and enforcement of real property taxes in the Town
of Tonawanda.
C.
Unsafe buildings or structures in the Town of Tonawanda which do not present an imminent danger to the life and safety of the public under the provisions of the New York State Fire Code as determined by the Code Enforcement Officer shall be identified and addressed in accordance with Chapter 58 of the Code of the Town of Tonawanda, as amended from time to time.
