[Amended 12-6-2007 by L.L. No. 5-2007]
A.
No person,
firm or corporation 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 install
a solid-fuel-burning heating appliance, inside or out, chimney or
flue in any dwelling unit without first obtaining a separate building
permit from the Building Inspector for each such building or structure.
B.
No permit
shall be required for the following. However, it shall nonetheless
be the responsibility of the property owner to verify that any applicable
setback requirement(s) of the specific Zoning District are met prior
to such construction. Owners are encouraged to verify the same directly
with the Town Building Inspector.
[Amended 12-17-2009 by L.L. No. 8-2009; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Construction
or installation of one-story detached structures associated with one-
and/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 64 square feet.
(2)
Installation
of swings and other playground equipment associated with a one- and/or
two-family dwelling or multiple single-family dwellings (townhouses).
(3)
Installation
of swimming pools associated with a one- and/or two-family dwelling
or multiple single-family dwellings (townhouses) where such pools
are designed for a water depth of less than 24 inches and are installed
entirely above ground.
(4)
Installation
of fences having a maximum height of eight feet, constructed so that
the finished side faces adjoining lots and all posts and/or supports
shall face the owner's side, which are not part of an enclosure surrounding
a swimming pool.
(5)
Construction
of retaining walls, unless such walls support a surcharge or impound
Class I, II or IIIA liquids.
(6)
Construction
of temporary motion-picture, television and theater stage sets and
scenery.
(7)
Installation
of window awnings supported by an exterior wall of a one- and/or two-family
dwelling or multiple single-family dwellings (townhouses).
(8)
Installation
of partitions or movable cases less than five feet nine inches in
height.
(9)
Painting,
wallpapering, tiling, carpeting, or other similar finish work.
(10)
Installation
of listed portable electrical, plumbing, heating, ventilation or cooling
equipment or appliances.
(11)
Repair
of any equipment, provided the repair does not alter the equipment's
listing or render it inconsistent with the equipment's original specifications.
(12)
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.
(d)
The removal from service of all or part of a fire-protection
system for any period of time.
A.
Information required. Application for a building permit
shall be made to the Building Inspector on forms provided by him or
her 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 any of them are corporations.
(5)
A brief description of the nature of the proposed
work.
(7)
Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed
work with the requirements of the Uniform Fire Prevention and Building
Code, this Code and applicable building laws, rules and regulations.
[Amended 12-6-2007 by L.L. No. 5-2007]
(8)
Substantiation
that the proposed work will comply with the Uniform Code and the State
Energy Conservation Construction Code.
[Added 12-6-2007 by L.L. No. 5-2007]
B.
Applications shall be made by the owner or lessee
or agent of either or by the 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 or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
C.
Plans and specifications required.
(1)
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale, and 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, widths and grades of adjoining streets, walks
and alleys and, where required by the Building Inspector, 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. The Building
Inspector may waive the requirement for filing plans for minor improvements.
(3)
For one-lot residential developments, site plan applications shall be furnished as required at § 151-18B.
[Amended 9-1-1994 by L.L. No. 1-1994;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
The Building Inspector shall stamp, sign and date all accepted construction
documents. The Building Inspector shall retain one set of accepted
construction documents. The Building Inspector shall return one set
to the applicant to be kept at the work site so as to be available
for use.
[Added 12-6-2007 by L.L. No. 5-2007]
(5)
The building permit shall contain a statement directing that all
work shall be performed in accordance with the construction documents
submitted and accepted as part of the application and shall include
the directive that the Building Inspector shall be notified immediately
in the event of changes occurring during construction.
[Added 12-6-2007 by L.L. No. 5-2007]
(6)
Building permits shall be visibly displayed at the work site and
are to remain visible until the project has been completed.
[Added 12-6-2007 by L.L. No. 5-2007]
D.
Demolitions.
(1)
In the case of demolitions, the Building Inspector
shall not issue a permit until the applicant shall furnish business
excess liability insurance in the amount of $2,000,000 or such additional
coverage as he/she may determine is necessary to adequately protect
the public. Such policy shall be canceled only on 10 days' written
notice to the Town and shall be subject to approval as to form by
the Town Counsel.
[Amended 9-1-1994 by L.L. No. 1-1994]
(2)
The applicant shall also indicate in his or her application
his or her method and place of disposal of the debris from the demolition
and a plan for the restoration of the property, including filling
of all excavations or below ground level openings and the capping
or removal of sewer and water lines if there is no intention to immediately
rebuild on the site.
(3)
Failure to restore the property in accordance with
the approved plan shall constitute a violation of this chapter.
(4)
The Building Inspector may waive any provisions of
this subsection for minor demolition.
E.
Amendments to application. Amendments to the application
or 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 Building Inspector.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He/she shall approve or disapprove
the application within a reasonable time.
B.
Upon approval of the application and upon receipt
of the legal fees therefor, he/she shall issue a building permit to
the applicant upon the form prescribed by him or her and shall affix
his or her signature or cause his or her signature to be affixed thereto.
C.
Upon the approval of the application, both 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 Inspector, 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 Building
Inspector or his or her authorized representative at all reasonable
times.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all the requirements of the applicable building
regulations, the Building Inspector shall disapprove the same and
shall return the plans and specifications to the applicant. Upon the
request of the applicant, the Building Inspector shall cause such
refusal, together with the reasons therefor, to be transmitted to
the applicant in writing.
[Amended 12-6-2007 by L.L. No. 5-2007]
A.
A building permit shall be effective to authorize the commencing
of work in accordance with the application, plans and specifications
on which it is based. Building permits shall expire 12 months from
the date of issuance. Permits shall become invalid unless the work
authorized is commenced within six months following the date of issuance.
Building permits may be renewed for a period of 12 months, provided
the work has commenced in such a manner as to be ongoing and upon
payment of the appropriate fee.
B.
The issuance of a building permit shall constitute authority to the
applicant to proceed with the work in accordance with the approved
plans and specifications and in accordance with the Uniform Fire Prevention
and Building Code, this Code and applicable building laws, rules and
regulations. All work shall conform to the approved application, plans
and specifications.
C.
Building permits which are issued in error because of incorrect,
inaccurate or incomplete information or when the work for which such
permit was issued violates the Uniform Fire Prevention and Building
Code shall be revoked or suspended until such time as the permit holder
demonstrates that all work completed and all work proposed is and
shall be in compliance with applicable provisions of the code.
[Amended 6-16-2005 by L.L. No. 3-2005]
Fees associated with an application for a building
permit are set forth at the Town of Walworth Fee Schedule on file
with the Walworth Town Clerk, which fees shall be determined by Town
Board resolution.
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A.
Where he/she 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/she finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
C.
Where he/she 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
Building Inspector.
[Amended 12-2-1999 by L.L. No. 7-1999; 2-3-2005 by L.L. No.
2-2005; 12-6-2007 by L.L. No. 5-2007; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Whenever the Building Inspector or his or her
designated representative has reasonable grounds to believe that work
on any building, structure, site, lot or parcel of land is being prosecuted
or performed in violation of the provisions of the Uniform Fire Prevention
and Building Code, the Municipal Code of the Town of Walworth or other
applicable building laws, rules or regulations, including work not
in conformance with approved plans and specifications which have been
approved pursuant to this Code, whether or not a building permit has
been issued, or in the event work is being carried out in an unsafe
and dangerous manner, he or she shall notify the owner of the property
or the owner's agent or the person performing the work to suspend
all work or any portion of the work which is being performed, and
any such person, persons, partnership, corporation, limited-liability
company or other entity shall forthwith stop work and suspend all
building or construction activities which are set forth in the stop-work
order until the stop-work order has been rescinded. Rescission of
the stop-work order may be made by the Town Board by resolution or
the Building Inspector or his or her designated representative in
writing and shall state the conditions under which the work may be
resumed, including the payment by such person, corporation or other
entity of the removal of stop-work order fee, and if made in writing
by the Building Inspector, or his or her representative, the rescission
order may be served upon a person or persons to whom it is directed
either by delivering it personally to him, her or them or, if it is
a partnership, corporation, limited-liability company or other entity,
to a person employed by or representing the entity who may be served
with legal process (for the purpose of obtaining jurisdiction of a
court of competent jurisdiction) by posting the same in a conspicuous
location at the construction site and sending a copy of same by registered
mail to the person, persons, partnership, corporation, limited-liability
company or other entity who notice is directed to at his, her or its
last known address. The fee for removal of a stop-work order (referred
to above) shall be paid by the permit holder to the Town, said fee
to be an amount as set forth from time to time by resolution of the
Town Board and on file in the office of the Town Clerk.
A.
The Building Inspector shall be authorized, in the
performance of his or her duties, to conduct inspections of premises
or parts of premises at such times and in such manner as the building
official may find convenient or necessary, with the consent of the
person in possession or occupancy.
B.
If admission is refused or cannot be obtained from
the person, in possession or occupancy, the Building Inspector shall
be authorized to obtain a warrant to make an inspection, provided
that reasonable or probable cause is shown.
C.
In case of an emergency, the Building Inspector may,
without a warrant, enter any premises or parts of premises to inspect
the same, at any time, without the permission of the person in possession
or occupancy.
[Added 12-6-2007 by L.L. No. 5-2007]
A.
Permitted work shall remain accessible and exposed until inspected
and accepted by the Building Inspector or his or her representative.
It shall be the responsibility of the owner, applicant, or his or
her agent to notify the Building Inspector when construction work
is ready for inspection.
(1)
If entrance to make an inspection is refused or cannot be obtained,
the Town Board, after being notified by the Inspector of the situation,
may apply for an order to make inspection to any court of competent
jurisdiction.
B.
The following elements of the construction process shall be inspected
as determined by the Building Inspector to be applicable:
(1)
Work site prior to the issuance of a permit;
(2)
Footing and foundation;
(3)
Preparation of 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;
(10)
A final inspection after all work authorized by the building
permit has been completed; and
(11)
Any other inspection deemed necessary by the Building Inspector.
C.
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 Fire Prevention
and Building Code. Construction work not in compliance with code provisions
shall be required to remain exposed until it has been brought into
compliance with the code, been reinspected, and been found satisfactory
as completed.
