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Town of Guilderland, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Guilderland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building Department — See Ch. 17.
Unsafe buildings — See Ch. 145.
Fire prevention and building construction — See Ch. 171.
Flood damage prevention — See Ch. 177.
Subdivision of land — See Ch. 247.
Zoning — See Ch. 280.
[Adopted 6-11-1974 as Ch. 6, Art. II, Div. 3, of the 1974 Code]
No person shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit therefor from the Building Department for each such building or structure; however, no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
A. 
Application for a building permit required by this article shall be made to the Chief Building Inspector and Zoning Coordinator on forms provided by the Building Department, and shall contain the following information:
(1) 
A description of the land on which the proposed work is to be done.
(2) 
A statement of the use or occupancy of all parts of the land and of the building or structure.
(3) 
The valuation 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 if either of them is a corporation.
(5) 
A brief description of the nature of the proposed work.
(6) 
A duplicate set of plans and specifications as set forth in Subsection C of this section.
(7) 
Such other information as may reasonably be required by the Chief Building Inspector and Zoning Coordinator to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
B. 
Application for a building permit required by this article shall be made by the owner or lessee, or the agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where the application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make the application.
C. 
Plan.
(1) 
Each application for a building permit required by this article shall be accompanied by duplicate copies of plans and specifications, including 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, distances from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Chief Building Inspector and Zoning Coordinator, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
(2) 
Plans and specifications shall bear the signature of the person responsible for the design and drawings.
(3) 
The Chief Building Inspector and Zoning Coordinator may waive the requirement for filing plans.
D. 
Amendments to the application for a building permit required by this article or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Chief Building Inspector and Zoning Coordinator.
Upon the filing of an application for a building permit, a fee shall be payable therefor in accordance with such schedule of fees as shall from time to time be adopted by the Town Board by order, rule or resolution.
A. 
The Chief Building Inspector and Zoning Coordinator shall examine or cause to be examined all applications for building permits required by this article and the plans, specifications and documents filed therewith; he shall approve or disapprove the application within a reasonable time.
B. 
Upon approval of the application for a building permit required by this article and upon receipt of the legal fees therefor, the Chief Building Inspector and Zoning Coordinator shall issue the building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. The issuance of all building permits shall be in compliance with the provisions of §§ 279 and 280-a of the Town Law.
C. 
Upon approval of the application for a building permit required by this article, both sets of plans and specifications shall be endorsed with the word "approved." One set of 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 kept at the building site, open to inspection by the Chief Building Inspector and Zoning Coordinator or his authorized representative at all reasonable times.
D. 
If the application for a building permit required by this article, together with plans, specifications and other documents filed therewith, describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Chief Building Inspector and Zoning Coordinator shall disapprove the application and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Chief Building Inspector and Zoning Coordinator shall cause the refusal, together with the reasons therefor, to be transmitted to the applicant, in writing.
A. 
A building permit issued pursuant to this article shall be effective to authorize the commencement of work in accordance with the application for the permit and the plans and specifications on which the permit is based for a period of six months after the date of its issuance. For good cause, the Chief Building Inspector and Zoning Coordinator may allow a maximum of two extensions for periods not exceeding three months each.
B. 
The issuance of a building permit pursuant to this article shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications, except that no building permit shall be valid insofar as it authorizes the performance of work or the use of materials which are not in accordance with the requirements of the applicable building regulations.
The Chief Building Inspector and Zoning Coordinator may revoke a building permit issued and approved pursuant to this article in the following instances:
A. 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based;
B. 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law;
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Chief Building Inspector and Zoning Coordinator.
A. 
Penalty. A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $350 or by imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or by imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or by imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
B. 
Alternative penalty. In case of any violation of any of the provisions of this chapter or conditions imposed by the Planning Board or Zoning Board of Appeals in addition to the penalties herein provided, the Town Board may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land and to prevent any illegal act, conduct or business use in or about such premises.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 6-11-1974 as Ch. 6, Art. II, Div. 4 of the 1974 Code]
A. 
No building erected after January 27, 1962, shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued therefor by the Chief Building Inspector and Zoning Coordinator.
B. 
No building enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit after January 27, 1962, shall continue to 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 therefor by the Chief Building Inspector and Zoning Coordinator.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy shall have been issued by the Chief Building Inspector and Zoning Coordinator.
A. 
Before issuing a certificate of occupancy required by this article, the Chief Building Inspector and Zoning Coordinator shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use of occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
B. 
There shall be maintained 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 provisions of this chapter and other building laws, ordinances and regulations and in accordance with the application, plans and specifications filed in connection with the issuance of the building permit required by Article I, the Chief Building Inspector and Zoning Coordinator shall issue the certificate of occupancy required by this article upon the form provided by him. If it is found that the proposed work has not been properly completed, the Chief Building Inspector and Zoning Coordinator shall refuse to issue the certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
B. 
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable provisions of this article and other building laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
Upon request, the Chief Building Inspector and Zoning Coordinator 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, if such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.
A. 
Penalty. A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $350 or by imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or by imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or by imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
B. 
Alternative penalty. In case of any violation of any of the provisions of this chapter or conditions imposed by the Planning Board or Zoning Board of Appeals in addition to the penalties herein provided, the Town Board may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land and to prevent any illegal act, conduct or business use in or about such premises.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).