As used in this chapter, the following terms
shall have the meanings indicated:
A mechanically operated device which is used to convey persons
in any direction as a form of amusement.
Accepted or acceptable under an applicable specification
stated or cited in this code or accepted as suitable for the proposed
use.
[Added 10-11-2011 by Ord. No. 2011-323]
Any material with a flame spread rating as determined by
the Building Code.
The regulations found in Chapter 39 of the Municipal Code, together with the New York State Uniform Fire Prevention and Building Code.
[Amended 6-27-1985 by Ord. No. 85-263]
The sum of the gross horizontal areas of the several floors
of a building, measured from the exterior faces of the exterior walls
or from the center line of a party wall, fire wall or other wall separating
two buildings or structures.
[Added 9-21-1993 by Ord. No. 93-312]
A watertight receptacle designed and constructed to intercept
and prevent the passage of the sediment of surface, subsoil or other
waste drainage into any other drain; also termed "sand interceptor,"
"sand trap" or "mudcrock."
[Added 10-11-2011 by Ord. No. 2011-323]
An authorized representative of the Commissioner of Neighborhood
and Business Development who successfully completed the training required
by the State of New York for code enforcement personnel and who has
obtained and maintains certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
[Added 3-20-2007 by Ord. No. 2007-71; amended 6-16-2009 by Ord. No. 2009-179]
The Commissioner of Neighborhood and Business Development
of the City of Rochester or an authorized representative.
[Amended 2-10-1981 by Ord. No. 81-45; 6-16-2009 by Ord. No.
2009-179]
A person who, by agreement with a property owner or lessee,
accepts the responsibility for execution of the construction. In this
capacity, a contractor may provide coordination, labor, equipment
and materials.
The Department of Neighborhood and Business Development of
the City of Rochester.
[Amended 2-10-1981 by Ord. No. 81-45; 6-16-2009 by Ord. No.
2009-179]
Energy Conservation Construction Code of New York State.
[Added 3-20-2007 by Ord. No. 2007-71]
Those provisions of the Building Code which are concerned
with the protection of occupants from fire and other sudden, catastrophic
events.
A roof-like structure projecting over an entranceway beyond
the facade of a building and usually supported by rods or chains attached
to the building.[1]
New York State Uniform Fire Prevention and Building Code.
[Added 10-11-2011 by Ord. No. 2011-323]
A swimming pool owned by a single family as defined in § 120-208 of the City Code and used solely by said family and guests and nonbusiness invitees.
The patching or restoration of materials, elements, equipment
and/or fixtures for the purpose of maintaining such materials, elements,
equipment and/or fixtures in good or sound condition.
[Added 10-21-2003 by Ord. No. 2003-341][2]
The point in the electrical system where the wiring owned
by the utility servicing the premises connects to that which is owned
by the property owner.
[Added 10-11-2011 by Ord. No. 2011-323]
See definition of "Building Code."
[1]
Editor's Note: The former definition of "NYSBCC,"
which immediately followed this definition, was repealed 6-27-1985
by Ord. No. 85-263.
The former definition of "ordinary repair,"
which immediately followed this definition, was repealed 10-21-2003
by Ord. 2003-341.
[2]
Editor's Note: The former definition of "rooming
house," as amended, which immediately followed this definition, was
repealed 7-18-2006 by Ord. No. 2006-224.
[Amended 10-21-2003 by Ord. No. 2003-341]
Repair to existing structures shall not require
a building permit nor be subject to provisions of the Building Code
except as specifically provided. Repair shall not include work resulting
from fire or natural disaster.
[Amended 6-27-1985 by Ord. No. 85-263; 3-20-2007 by Ord. No.
2007-71]
Under the duties and powers provided in § 10-2 of the Charter, the Commissioner shall direct the Code Enforcement Official to:
A.
Receive applications, review plans and specifications and issue permits for the erection and alteration of buildings or structures or parts thereof for the purpose of ensuring compliance with laws, ordinances and regulations governing building, construction or alterations. The Code Enforcement Official shall review building plans and specifications for general conformity with the Building Code, with specific emphasis on the Code's fire and life safety provisions. The Code Enforcement Official need not analyze the structural design of a planned building when plans and specifications are prepared by an architect or engineer per § 39-208D. The Code Enforcement Official need not analyze or determine methods used during construction.
B.
Make all inspections which are necessary or proper
for the carrying out of these duties or may, in the Commissioner's
discretion, accept and rely upon written reports by other persons
having qualifications equivalent to those individuals who have met
the requirements of 19 NYCRR Part 434 satisfactory to the Commissioner.
C.
Before issuing a certificate of occupancy/certificate
of compliance and as deemed appropriate from time to time during and
upon completion of the work for which a building permit has been issued,
examine all buildings, structures and sites for which a permit was
issued.
D.
Issue certificates of occupancy/certificates of compliance
where appropriate for a building constructed or altered in accordance
with the provisions of the New York State Uniform Fire Prevention
and Building Code and other applicable regulations.
E.
Interpret the provisions of the Building Code pursuant
to their expressed purpose and spirit.
The City shall defend any City employee who
is sued for negligence, error, omission, misfeasance, malfeasance
or nonfeasance arising out of the employee's duties in enforcing this
code. The City shall indemnify such employee in the event any judgment
is recovered against such employee arising out of the employee's duties
in enforcing this code, unless the employee's conduct is determined
to be willfully or grossly negligent.
[Amended 3-20-2007 by Ord. No. 2007-71]
A.
The Commissioner shall maintain records of the Department's
activities as follows:
(1)
All applications received, reviewed and approved or
denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy, certificates
of compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted; and
(8)
All fees charged and collected.
C.
The Commissioner shall notify the City Historian prior
to the disposal of plans and specifications for buildings that no
longer are in existence. The Records Management Coordinator will secure
proper storage of those plans and specifications deemed to be significant
by the City Historian.
A.
Objective. It is the intent of this section to outline
respective responsibilities during construction.
B.
Assumptions. The Code Enforcement Official may assume,
unless facts are shown by the applicant to be otherwise:
[Amended 3-20-2007 by Ord. No. 2007-71]
(1)
That architecture and engineering services for applicants
are being performed by persons who are licensed to practice as such
by the State of New York.
(2)
That construction follows accurately the plans and
specifications submitted for review by the Code Enforcement Official.
(3)
That construction methods are being supervised by
experienced, competent personnel employed by the applicant or someone
contractually obligated to do so for the applicant.
(4)
That the architect/engineer is responsible for the
review of plans, specifications, shop drawings and samples for conformity
with the Building Code.
(5)
That the contractor is responsible for adherence of
construction materials and techniques to the plans and specifications
accepted by the Code Enforcement Official and is responsible for all
construction means, methods, techniques, sequences and procedures
and for coordinating all portions of the construction.
[Amended 4-15-1997 by Ord. No. 97-133; 11-19-2002 by Ord. No.
2002-354; 10-21-2003 by Ord. No. 2003-341; 3-20-2007 by Ord. No.
2007-71]
A.
Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Building 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, and the installation of a solid-fuel-burning heating appliance, chimney or flue. No person shall commence any work for which a building permit is required without first having obtained such permit. A building permit shall also be required for the following:
(1)
Change of occupancy classification.
(2)
Increase in hazard classification.
(3)
Amusement device.
(4)
Antenna structure 16 feet or more in height above
the base, satellite dishes with a diameter greater than 24 inches,
or personal wireless telecommunication facilities.
(5)
Cellar stair enclosure.
(6)
Fence, wall, or retaining wall over two feet in height
above average grade.
(7)
Fire escape.
(8)
Marquee and awning.
(9)
New or replacement cladding materials, whether installed
over existing cladding or if existing cladding is replaced; except
that no permit is required to replace original cladding with like
materials which have identical profiles.
(10)
Paved area or addition to a paved area having an aggregate size in either case of 2,000 square feet or more, or a parking lot as defined by the Zoning Code, Chapter 120.
(11)
Sign.
(12)
Any exterior alterations to architectural features of a designated building of historic value as defined in the Zoning Code, Chapter 120, including but not limited to slate or tile roofing, cladding, porches, cornices, windows, etc.; except that a permit shall not be required to replace original materials or elements with like materials or elements which have identical profiles.
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;
[Amended 4-24-2012 by Ord. No. 2012-137]
(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 swimming pools associated with a one-
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)
Construction of temporary motion picture, television
and theater stage sets and scenery;
(5)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(6)
Installation of partitions or movable cases less than
five feet nine inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(8)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(9)
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
(10)
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.
A.
Form. Application for a building permit shall be made
to the Commissioner in such form as the Commissioner shall prescribe.
B.
By whom. The application shall be made by the owner
or by an authorized agent, architect, engineer or contractor employed
in connection with the proposed work.
C.
Contents of permit application.
(1)
The application shall contain a general description
of the proposed work, its location, the use and occupancy of all parts
of the building or structure and of all portions of the site or lot
not covered by the building or structure; the names and addresses
of the owner and the applicant, contractor, architect and engineer,
if applicable; and the responsible employees if the owner is a corporate
body.
(2)
The application shall contain the estimated cost of
the proposed work.
(3)
The application may also contain such other information
as may reasonably be required by the Commissioner to establish compliance
of the proposed work with the requirements of applicable building
codes, energy codes, ordinances and regulations.
D.
Plans and specifications.
(1)
Each application for a building permit shall be accompanied
by sufficient copies of site plans, construction plans and specifications
describing the nature and character of the work to be performed and
the materials to be incorporated, drawn to scale, showing the location
and size of all proposed new construction and all existing structures
on the site; and such other details required by the Commissioner.
The Commissioner may waive the requirements for filing plans, specifications
and site plans for minor work.
(2)
Plans and specifications shall bear the signature
of the person responsible for the design and drawings and, where required
by § 7209 or 7307, as amended, of Article 145 or 147 of
the Education Law of the State of New York, the seal of the licensed
architect or the licensed professional engineer.
(3)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Building Code.
E.
Changes in the work. Changes in any work (change orders)
which must conform to the applicable requirements of the Code shall
be filed with the Code Enforcement Official and reviewed by the Code
Enforcement Official prior to the commencement of such change of work.
F.
Time limit on applications. A permit application shall
be deemed to be abandoned and may be destroyed three months after
date of filing unless a permit shall have been issued or an extension
granted by the Commissioner for reasonable cause.
A.
Action on application.
(1)
The Commissioner shall examine or cause to be examined
all completed applications for permits and the plans, specifications,
documents and any amendments filed therewith and shall accept, in
whole or in part, or reject the completed application within 60 days
after filing.
(2)
Upon acceptance of the application and receipt of
required fees and any required insurance or bonds, the Commissioner
shall issue a building permit. The building permit shall be a form
prescribed by the Commissioner and shall be signed by the Commissioner.
(3)
Upon acceptance of the application, one set of plans
and specifications, endorsed as "Accepted," shall be returned to the
applicant together with the building permit and shall be kept by the
applicant open to inspection by the Code Enforcement Official at all
reasonable times during the course of construction.
[Amended 3-20-2007 by Ord. No. 2007-71]
(4)
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
laws, ordinances and regulations, the Commissioner shall reject the
same and shall return the plans and specifications to the applicant
with written notice of the reasons for rejection.
(5)
Partial permit. The Commissioner may issue a permit
for the construction of a part of a building or structure before the
plans and specifications for the entire building or structure have
been submitted or accepted, provided that adequate information and
detailed statements have been filed. The granting of a partial permit
shall not relieve the applicant of the requirement to submit a complete
set of plans and specifications to obtain a final building permit.
Construction shall not proceed beyond the scope of the partial permit
until a permit is issued for the remainder of the work.
(6)
The Code Enforcement Official may attach conditions
to the issuance of the permit to assure compliance with applicable
building regulations.
[Amended 3-20-2007 by Ord. No. 2007-71]
B.
No building permit shall be issued unless the Commissioner has received evidence of a certificate of zoning compliance issued by the Manager of Zoning pursuant to the Zoning Code, Chapter 120, or a statement by the Manager of Zoning certifying that no certificate of zoning compliance is required.
[Amended 10-21-2003 by Ord. No. 2003-341; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
C.
The Commissioner may require the approval of other
departments or agencies prior to the issuance of a building permit.
A.
All work performed under a permit issued by the Commissioner shall conform to the application, plans and specifications (including change orders reviewed pursuant to § 39-208E) and shall be in accordance with applicable building laws, ordinances and regulations.
B.
Building permits or copies thereof shall be displayed
prominently on the job site at all times during the progress of the
work. Inspections may be conducted at reasonable times by the Code
Enforcement Official with consent, pursuant to a valid inspection
warrant, or under exigent or emergency circumstances or in other situations
in which a inspection warrant is not required.
[Amended 8-8-1995 by Ord. No. 95-284; 3-20-2007 by Ord. No.
2007-71; 2-17-2009 by Ord. No. 2009-30]
C.
The Commissioner shall be given at least 24 hours'
notice of the start of work under a permit.
D.
All new work shall be located in accordance with the
accepted site plan. The owner or applicant shall not change, increase
or diminish in area the lot shown on the approved site plan unless
a revised plan showing such changes shall have been filed and accepted
by the Commissioner.
E.
A building to be constructed within five feet of public
lands and rights-of-way, such as parks, school grounds, recreation
areas, streets and other uses, shall be located on the site by instrument
survey. A licensed professional engineer or land surveyor shall certify
to the Commissioner that the building as located conforms to the accepted
site plan. The Commissioner may require an instrument survey for a
structure or site improvement other than a building that is to be
constructed within five feet of public lands and rights-of-way.
F.
Any permit issued shall expire if the authorized work
is not commenced within 90 days after issuance of the permit, or if
the authorized work is not completed by a deadline which shall be
set by the Commissioner in consultation with the applicant or owner.
No permit shall have an initial deadline period greater than one year.
Work shall be considered to be complete upon the issuance of a certificate
of occupancy or letter of completion.
[Amended 4-15-1997 by Ord. No. 97-133]
G.
For good cause the Commissioner may extend, for a
period to be set by the Commissioner in consultation with the applicant
or owner, an expired permit if the applicant or owner makes written
request to the Commissioner no later than 10 days after the expiration
of the permit. No extension may exceed one year. Subsequent extensions
as may be required may be processed in a like manner. No permit may
be granted more than two consecutive extensions.
[Amended 4-15-1997 by Ord. No. 97-133]
H.
The Commissioner may revoke a building permit theretofore
issued in any of the following instances:
(1)
Where the Commissioner finds that there has been any
false statement or misrepresentation as to a material fact in the
accepted application, plans or specifications.
(2)
Where the Commissioner finds that the building permit
was issued in error and should not have been issued in accordance
with the applicable law.
(3)
Where the Commissioner finds that the work performed
under the permit is not being performed in accordance with the provisions
of the accepted application, plans or specifications or does not comply
with the requirements of the Building Code.
[Amended 3-20-2007 by Ord. No. 2007-71]
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop-work order issued by
the Commissioner.
I.
Construction inspections.
[Added 4-15-1997 by Ord. No. 97-133;
amended 3-15-2005 by Ord. No. 2005-42;[1] 3-20-2007 by Ord. No. 2007-71]
(1)
Permitted work shall be required to remain accessible and exposed until inspected and accepted by the Code Enforcement Official. The permit holder shall notify the Code Enforcement Official when any element of work described in Subsection I(2) of this section is ready for inspection.
(2)
The following elements of the construction process
shall be inspected where applicable;
(a)
Work site prior to the issuance of a building
permit;
(b)
Footings and foundations;
(c)
Preparation for concrete slab;
(d)
Framing;
(e)
Building systems, including underground and
rough-in;
(f)
Fire-resistant construction;
(g)
Fire-resistant penetrations;
(h)
Solid-fuel-burning heating appliances, chimneys,
flues or gas vents;
(i)
Energy Code compliance; and
(j)
A final inspection after all work authorized
by the building permit has been completed.
(3)
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 Building
Code or Energy Code. Work not in compliance with any applicable provision
of the Building Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Codes, reinspected, and found satisfactory as completed.
(4)
For inspections on Saturdays, Sundays, holidays or
other than regular working hours, the rate shall be $50 per hour.
A minimum of four hours will be charged if the inspector was called
in and/or has no other inspections during the four hours.
[1]
Editor's Note: This ordinance provided an
effective date of 4-1-2005.
[Amended 6-19-1990 by Ord. No. 90-259; 7-11-1991 by Ord. No.
91-416]
Whenever the Commissioner has reasonable grounds
to believe that work on any building or structure or performed under
any permit is being performed in violation of the provisions of the
applicable building laws, ordinances or regulations, or not in conformity
with the provisions of the accepted application, plans or specifications
and revisions thereof, or in an unsafe and dangerous manner, or without
a required permit, the Commissioner shall notify the owner of the
property or the owner's agent to suspend all work, and any such persons
shall forthwith stop work and suspend all building activities until
the stop-work 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 either by delivering it personally or by posting
it conspicuously where the work is being performed and sending a copy
of it by mail to the address set forth in the permit application.
Violations of stop-work orders may be referred to the Municipal Code
Violations Bureau.
A.
Workers' compensation insurance. Prior to the issuance
of any permit under this chapter, the contractor (or the owner if
the owner is the employer of individuals engaged in the construction
or renovation work) must provide to the City a certificate of workers'
compensation insurance satisfactory to the Commissioner. (See New
York Workers' Compensation Law § 57.)
[Amended 6-27-1985 by Ord. No. 85-263]
B.
Disability benefits coverage. Prior to the issuance
of any permit under this chapter, the contractor (or the owner if
the owner is the employer of individuals engaged in the construction
or renovation work) must provide to the City in a form satisfactory
to the Commissioner a certificate showing that payment of disability
benefits for employees has been secured. (See New York Workers' Compensation
Law § 220, Subdivision 8.)
[Amended 6-27-1985 by Ord. No. 85-263]
C.
[1]Flammable liquid tanks. Prior to the issuance of a building permit pursuant to § 39-207C, the applicant shall provide proof satisfactory to the Commissioner that a comprehensive liability policy exists which covers the work. The Commissioner shall establish minimum limits of insurance. The Commissioner may require that the City be a named or additional insured. The Commissioner may accept such insurance to cover all work by an applicant to be done within a twelve-month period.
[1]
Editor's Note: Former Subsection C, Demolition
work, was repealed 9-21-1993 by Ord. No. 93-312. Said ordinance also
redesignated former Subsection D as Subsection C.
A.
Unless a certificate of occupancy or certificate of
compliance shall have been issued by the Commissioner:
[Amended 3-20-2007 by Ord. No. 2007-71]
(1)
No building hereafter erected shall be used or occupied
in whole or in part.
(2)
No building hereafter enlarged, extended or altered
shall be occupied or used for more than 30 days after the completion
of the alteration or work.
(3)
No use or occupancy of any structure shall be changed
to any other use or occupancy, whether or not construction, reconstruction,
remodeling, alteration or moving is involved.
B.
As provided in Chapter 90, the Property Conservation Code, the Commissioner may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use subject to the same standards and limitations as authorized by this section for new and altered structures and uses.
[Amended 6-27-1985 by Ord. No. 85-263; 7-18-2006 by Ord. No.
2006-224]
C.
In addition to the above requirements, the Zoning Code, Chapter 120, may require a certificate of occupancy for certain uses which do not involve a building or structure. It is the intent of the drafters of the Building Code that those requirements of the Zoning Code, Chapter 120, shall govern.
[Amended 11-19-2002 by Ord. No. 2002-354; 12-21-2003 by Ord. No. 2003-341]
[Amended 3-20-2007 by Ord. No. 2007-71]
A.
Applicants shall apply for the required certificate
of occupancy concurrently with their application for a building permit.
The certificate of occupancy application shall be held on file until
the Commissioner receives notice from the Code Enforcement Official
that the construction is completed.
B.
The Commissioner may require the applicant, at his
or her own expense, to submit the following information prepared in
accordance with the provisions of the Code of the City of Rochester
and/or the Building Code by such person or persons as may be designated
or otherwise acceptable to the Commissioner and/or the Code Enforcement
Official prior to issuing a certificate of occupancy or a certificate
of compliance:
(1)
A statement of the actual construction cost of the
work.
(2)
A survey by a licensed surveyor or licensed professional
engineer indicating all lot lines and the as-built location of the
structure.
(3)
A written statement of structural observations and/or
a final report of special inspections.
(4)
Flood hazard certifications.
[Amended 6-27-1985 by Ord. No. 85-263; 3-20-2007 by Ord. No.
2007-71]
A.
A certificate of occupancy or 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, whether or not work requiring a permit occurs. 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 or certificate of compliance.
B.
A certificate of occupancy or certificate of compliance
may be issued for an entire building or a specific portion of a building.
C.
Within 10 days after an inspection, the Commissioner
shall either issue a certificate of occupancy or certificate of compliance
or notify the applicant in writing of the existing violations.
D.
An application for a certificate of occupancy shall
be endorsed by the Director of Buildings and Zoning.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
E.
As regulated by the New York State Uniform Fire Prevention
and Building Code and the Rochester Fire Prevention Code, signs specifying
maximum occupancy must be posted prior to the issuance of a certificate
of occupancy.
[Amended 6-27-1985 by Ord. No. 85-263; 11-19-2002 by Ord. No.
2002-354; 10-21-2003 by Ord. No. 2003-341; 3-20-2007 by Ord. No.
2007-71]
A certificate of occupancy or certificate of
compliance shall contain the following information:
A.
A statement that the premises substantially comply with the Building Code, the Zoning Code, Chapter 120, the Fire Prevention Code (if a new or substantially altered building) and the Multiple Residence Law (if applicable);
B.
The building permit number, if any;
C.
The date of issuance of the building permit, if any:
D.
The name, address and tax number of the property:
E.
A description of that portion of the structure for
which the certificate is issued if the certificate is not for the
entire structure;
F.
The use and occupancy classification of the structure;
G.
The type of construction of the structure;
H.
The assembly occupant load of the structure, if any;
I.
If an automatic sprinkler system is provided;
J.
Any special conditions imposed in connection with
the issuance of the building permit;
K.
The signature of the Code Enforcement Official issuing
the certificate; and
A.
At the discretion of the Commissioner, a conditional
certificate of occupancy may be issued when temporary occupancy of
a building is requested before the entire work covered by the building
permit has been completed.
B.
The Commissioner must find that:
(1)
The building is near substantial compliance with applicable
regulation.
(2)
The building is in compliance with the Zoning Code, Chapter 120, as certified by the Director of Buildings and Zoning.
[Amended 11-19-2002 by Ord. No. 2002-354; 10-21-2003 by Ord. No. 2003-341; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(3)
Work required to bring the building into substantial
compliance is not essential to making the building usable.
(4)
Conditional occupancy would not endanger life or the
public health or welfare, specifically ensuring the completion of
all fire- and smoke-detecting or fire protection equipment and all
required means of egress.
[Amended 3-20-2007 by Ord. No. 2007-71]
C.
Contents of conditional certificate of occupancy. In addition to the contents required in § 39-216, conditional certificates of occupancy shall state:
[Added 6-18-1996 by Ord. No. 96-205]
(1)
The location and extent of occupancy to be permitted.
(2)
Specific work remaining to correct all violations.
(3)
The date by which remaining work shall be completed.
(4)
A warning that failure to complete the work by the
date specified shall be sufficient cause for the revocation of the
conditional certificate of occupancy without further notice.
[Amended 6-18-1996 by Ord. No. 96-205]
A.
At the discretion of the Commissioner, a partial certificate
of occupancy may be issued when permanent occupancy of a portion of
the building is required, before the entire work covered under the
building permit is completed.
B.
The Commissioner must find that:
(1)
The portion of the building to be occupied is in substantial
compliance with applicable regulations.
(2)
That portion of the building to be occupied is in compliance with the Zoning Code, Chapter 120, as certified by the Director of Buildings and Zoning.
[Amended 11-19-2002 by Ord. No. 2002-354; 10-21-2003 by Ord. No. 2003-341; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(3)
Partial occupancy would not endanger life or the public
health or welfare.
A.
Renewals of certificates of occupancy may be required under Chapter 90, Property Conservation Code, of the City Code.
[Amended 6-27-1985 by Ord. No. 85-263]
B.
The Commissioner may cause a building to be inspected
as often as necessary to determine if there are violations of applicable
regulations. If violations are found that affect the structure's substantial
compliance with applicable regulations, the Commissioner may revoke
the certificate of occupancy or certificate of compliance and shall
then notify the owner of the building that continued occupancy or
use is prohibited until necessary corrections are made.
[Amended 3-20-2007 by Ord. No. 2007-71]
A.
A permit shall not be issued until the fee appropriate
to the type and cost of work described below has been paid. The fee
shall be made payable to the City Treasurer and deposited at the office
of the Commissioner.
C.
Where the fee is based on an estimated cost of work,
the Commissioner may require from the applicant an affidavit to establish
that the correct fee was charged. The affidavit shall establish the
construction cost and shall be supported by whatever additional documents
the Commissioner deems necessary. Any adjustments in fee shall be
made prior to the issuance of the certificate of occupancy.
D.
Refund policy.
(1)
On written request by the applicant and for good cause, an applicant whose permit has expired in accordance with § 39-210F or who surrenders a permit because of a change in plans may request a refund from the Commissioner. If a request is made within two months of the application, a refund shall be limited to any portion of the permit fee paid in excess of $50, or 50% of the permit fee paid, whichever is less. If a request is made at least two months but not more than three months after the application, a refund shall be limited to any portion of the permit fee paid in excess of $50, or 25% of the permit fee paid, whichever is less. No refund shall be available beyond three months after the application.
[Amended 11-10-1992 by Ord. No. 92-406; amended 3-20-2007 by Ord. No. 2007-71]
(2)
If a permit is issued in error, such permit shall
be returned to the Commissioner for cancellation and the Commissioner
is authorized to refund the total permit fee paid.
(3)
There may be cases where the final construction cost
is less than the estimated amount on which the fee is based. In that
event, the applicant may apply to the Commissioner for a refund of
the excess portion of the fee and the Commissioner may make such a
refund.
(4)
On written request by the applicant and for good cause,
an applicant who withdraws an application before issuance of a permit
may request a refund from the Commissioner. If a withdrawal request
is made within one week of the application, a refund shall be limited
to any portion of the permit fee paid in excess of $50. If a withdrawal
request is made at least one week but not more than two weeks after
the application, a refund shall be limited to any portion of the permit
fee paid in excess of $50, or 75% of the permit fee paid, whichever
is less. If a withdrawal request is made more than two weeks after
the application, a refund shall be limited to any portion of the permit
fee paid in excess of $50, or 50% of the permit fee paid, whichever
is less.
[Added 11-10-1992 by Ord. No. 92-406; 3-20-2007 by Ord. No. 2007-71]
[Amended last 4-8-2003 by Ord. No. 2003-78[1]]
A.
The fee for a permit to construct, enlarge, alter,
improve, relocate, convert, maintain use, establish use, legalize
use or change the occupancy of a building or structure, or for the
installation or replacement of a heating appliance or system, shall
be based on the actual cost of such work, per the following schedule:
[Amended 6-18-2019 by Ord. No. 2019-158[2]]
Actual Cost
|
Base Fee
|
Plus Incremental Fee
|
---|---|---|
$0 to $2,000
|
$50
|
None
|
$2,001 to $4,000
|
$70
|
None
|
$4,001 to $6,000
|
$90
|
None
|
$6,001 to $8,000
|
$110
|
None
|
$8,001 to $10,000
|
$130
|
None
|
$10,001 to $12,000
|
$150
|
None
|
$12,001 to $14,000
|
$170
|
None
|
$14,001 to $16,000
|
$190
|
None
|
$16,001 to $18,000
|
$210
|
None
|
$18,001 to $20,000
|
$230
|
None
|
$20,001 to $22,000
|
$250
|
None
|
$22,001 to $24,000
|
$270
|
None
|
$24,001 to $26,000
|
$290
|
None
|
$26,001 to $28,000
|
$310
|
None
|
$28,001 to $30,000
|
$330
|
None
|
$30,001 to $32,000
|
$350
|
None
|
$32,001 to $34,000
|
$370
|
None
|
$34,001 to $36,000
|
$390
|
None
|
$36,001 to $38,000
|
$410
|
None
|
$38,001 to $40,000
|
$430
|
None
|
$40,001 to $42,000
|
$450
|
None
|
$42,001 to $44,000
|
$470
|
None
|
$44,001 to $46,000
|
$490
|
None
|
$46,001 to $48,000
|
$510
|
None
|
$48,001 to $50,000
|
$530
|
None
|
$50,001 to $52,000
|
$550
|
None
|
$52,001 to $54,000
|
$570
|
None
|
$54,001 to $56,000
|
$590
|
None
|
$56,001 to $58,000
|
$610
|
None
|
$58,001 to $60,000
|
$630
|
None
|
$60,001 to $100,000
|
$150
|
.009 x Actual Cost
|
$100,001 to $500,000
|
$375
|
.007 x Actual Cost
|
$500,001 to $1,000,000
|
$1,475
|
.005 x Actual Cost
|
$1,000,001 and Over
|
$3,675
|
.003 x Actual Cost
|
[2]
Editor's Note: This ordinance provided an effective date of
7-1-2019.
B.
Actual cost shall be based on a signed contractual
agreement or detailed cost estimate provided by the applicant. Actual
cost shall include expenditures for all labor, materials, construction,
equipment, rental and equipment installations. Mechanical work, in
addition to general contractual work, is specifically included. In
the event that no contractual agreement or detailed cost estimate
is available, or there is a discrepancy with the cost estimate provided,
the current "RS Means Square Foot" costs shall be used to determine
the actual cost.
C.
Actual cost need not include:
(1)
Cost of labor and material of electrical wiring fixtures and equipment where an electrical permit is obtained pursuant to § 39-304 of the Municipal Code.
(2)
Cost of material and labor of plumbing work when a plumbing permit is obtained pursuant to Chapter 40, Building Construction: Plumbing, of the Municipal Code and the plumbing provisions of the New York State Uniform Fire Prevention and Building Code.
(3)
The cost of land, surveying, site preparation, soil
investigation, private sidewalks, professional fees and other work
intended primarily for appearance or embellishment.
(4)
Costs of materials, equipment and systems related
to production, manufacturing or processing or which are requirements
of owners, specialized codes or specialized regulations.
D.
If separate permits are obtained for building appurtenances
such as signs, elevators and tanks, the cost of such items may be
subtracted from the permit fee calculation and a separate fee paid
for these items.
E.
There shall be no fee for a building permit to legalize
an existing occupancy or to change occupancy where other work is not
involved.
F.
Building permit fees for the following actions shall
be as follows:
[Amended 8-21-2007 by Ord. No. 2007-296; 10-11-2011 by Ord. No. 2011-323;[3] 6-19-2018 by Ord. No.
2018-165]
Purpose
|
Fee
| |||
---|---|---|---|---|
Demolition1 of:
| ||||
$50
| ||||
Frame building up to 3 stories in height
|
$150
| |||
Any other structure
|
$300, plus $135 for each full 5,000 square feet
of building floor area
| |||
Installation of exterior paved area or parking
lot
|
$100
| |||
Installation, alteration, repair or removal
of a flammable liquid storage facility
| ||||
Per tank
|
$100
| |||
Per pump
|
$80
| |||
Installation of other structures such as tents,
amusement devices, temporary classrooms or construction trailers where
it is impractical to base a fee on cost
| ||||
Deck
| ||||
< = 144 square feet
|
$75
| |||
> = 144 square feet
|
$100
| |||
> = 400 square feet
|
$150
| |||
Wood-burning stove, solid fuel device, fireplace
insert, gas fireplace
|
$100
| |||
Swimming pool
|
$50
| |||
Electrical inspections
| ||||
Residential
| ||||
New dwelling unit with service
|
$175 + $75 per each additional unit
| |||
Renovation/addition
| ||||
Less than or equal to 200 square feet
|
$100
| |||
Greater than 200 and up to 1,000 square feet
|
$125
| |||
Greater than 1,000 square feet
|
$150
| |||
Commercial new construction or alteration/renovation
| ||||
Less than or equal to 1,500 square feet
|
$150
| |||
1,501 to 5,000 square feet
|
$275
| |||
Greater than 5,000 square feet
|
$275 + $0.05 per square foot
| |||
(All above-listed fees do not include service
installation.)
| ||||
Alarm system
|
$70
| |||
A/C or heat pump
|
$70
| |||
Elevator/escalator
|
$70
| |||
Fuel dispensing unit
|
$70
| |||
New service installation or upgrade less than
or equal to 200 amps each
|
$100 + $35 per each additional meter
| |||
New service installation or upgrade greater
than 200 amps each
|
$140 + $35 per each additional meter
| |||
Other
|
$70
| |||
Pool/hot tub wiring
|
$70
| |||
Reinspection fee
|
$50
| |||
Safety inspection (2 meters or fewer)
|
$70
| |||
Safety inspection (more than 2 meters)
|
$70 + $10 per meter over 2
| |||
Signs
|
$70
| |||
Temporary service installation
|
$70
| |||
Exterior lighting
|
$70
| |||
Pole lights
|
$70 + $10 per pole
| |||
Plumbing inspections:2,3
| ||||
Base fee for all plumbing permits
|
$80
| |||
In addition to the base fee, plumbing permit fees shall be as
follows:
| ||||
Fixtures: installation, removal or capping of each fixture
|
$10
| |||
Building sewers
|
$45
| |||
Sump pumps:
| ||||
Residential
|
$15
| |||
Single (commercial)
|
$35
| |||
Duplex (commercial)
|
$75
| |||
Catch basins or yard drains, each
|
$50
| |||
Parking area trench drains, each
|
$20
| |||
Outside conductors (residential), each
|
$5
| |||
Conductors or roof drains (commercial), each
|
$10
| |||
Sewer ejectors:
| ||||
Single
|
$20
| |||
Double
|
$35
| |||
Hot-water heaters (over 70 gallons' capacity), each
|
$30
| |||
Hot-water heaters (70 gallons' capacity or less), each
|
$10
| |||
Commercial and industrial establishments, including restaurants:
| ||||
Garbage disposals, each
|
$35
| |||
Dishwashing machines, each
|
$40
| |||
Grease interceptors, each
|
$40
| |||
Ice-cube-making machines, each
|
$25
| |||
Laundry-washing machines, each
|
$35
| |||
Backflow prevention devices (installation):
| ||||
Size from 1/4 inch to 3/4 inch, each
|
$10
| |||
1 inch to 1 1/2 inches, each
|
$15
| |||
More than 1 1/2 inches, each
|
$30
| |||
Water service renewal:
| ||||
Renewal of water service, less than 2 inches, without any street
work, each
|
$85
| |||
Water main services in property line of 3/4 inch to 2 inches,
each
|
$35
| |||
Water main and sewer repairs or renewal, public or private,
over 2 inches
|
$35 for the first 60 feet; each additional 100 feet: $10
| |||
Cleanouts at property line, each
|
$35
| |||
Manholes in property line, each
|
$35
| |||
Sand interceptors, each
|
$35
| |||
Oil interceptors (all types), each
|
$35
| |||
Future use openings, each
|
$10
| |||
All notice and order plumbing violations, each
|
$10
| |||
Repair or replacement of gas supply, domestic water, storm,
sanitary or vent piping
|
$10 for the first 100 feet, and $2 per foot thereafter
| |||
Reinspection or callback when work is not ready for inspection,
each
|
$50
|
NOTES:
| |
1For demolition work
done after 5:00 p.m. on weekdays or at any time on weekends, an additional
fee equal to the demolition fee shall be charged.
| |
2 For items not listed in the Fee
Schedule, the permit fee shall be established by the Commissioner
of Neighborhood and Business Development.
| |
3 For any inspections requested on
Saturdays, Sundays, holidays or other than regular working hours,
the rate shall be $50 per hour. A minimum of four hours may be charged
if the inspector was called in and/or has no other inspections during
the four hours.
|
[3]
Editor's Note: This ordinance provided an effective date of
12-1-2011.
G.
Upon completion of a plan review, if the contract
documents are determined to be insufficient and require revision and
resubmission or if the applicant resubmits drawings due to significant
changes in the proposed work, an additional fee of $50 or 50% of the
full permit fee, whichever is greater, shall be required.
[Amended 3-20-2007 by Ord. No. 2007-71]
[1]
Editor's Note: This ordinance provided that
it would take effect 7-1-2003.
A.
There shall be a separate fee charged for each certificate
of occupancy, partial certificate of occupancy, conditional certificate
of occupancy or renewal of a certificate of occupancy.
B.
There shall be no fee for a certificate of occupancy
for a structure for which a permit has been issued when the construction
value is equal to or exceeds $20,000.
[Amended 3-16-1999 by Ord. No. 99-74; 6-16-2009 by Ord. No.
2009-179]
C.
Existing structures. The fee for a certificate of
occupancy for a structure shall be as follows:
[Last amended 10-11-2011 by Ord. No. 2011-323]
(1)
Residential structures.
Type Fees
|
Base Fee
|
Plus Incremental
| |
---|---|---|---|
Single-family
|
$60
|
None
| |
Two-family
|
$80
|
None
| |
3 or more dwelling units
|
$100
|
$10 for each additional unit over 5
| |
Mixed commercial/residential occupancy
|
$100
|
$10 for each additional commercial/residential
unit over 5
| |
Rooming house
|
$100
|
$10 for each additional rooming unit over over
5
|
(2)
Nonresidential structures.
Type
|
Fee
|
Per Square Foot of Gross Floor Area
| |
---|---|---|---|
All uses
|
$100
|
0 to 25,000
| |
$150
|
25,001 or more
|
(3)
If title to a property has been transferred without the required certificate of occupancy or if the application to renew a certificate of occupancy is not made within 40 days after the mailing by the City of a notice to the owner of the property, informing the owner of the certificate of occupancy requirement, sent by first class mail, addressed to the owner's address on file with the Bureau of Assessment or the owner's last known address or place of residence, if such address is not so filed, the fee shall be double the fees listed in Subsection C, subject to the limitations listed in Subsection E.
D.
The fee for a partial or conditional certificate of occupancy shall be the same as in Subsection C.
[Amended 6-18-1996 by Ord. No. 96-205]
E.
The fee to renew a certificate of occupancy when required by § 90-16A of the Municipal Code shall be the same as set forth in Subsection C, except that the renewal fee shall not exceed $200.
[Amended 2-27-1990 by Ord. No. 90-60; 10-23-1990 by Ord. No.
90-430; 5-12-1992 by Ord. No. 92-177; 6-18-1996 by Ord. No.
96-205; 4-8-2003 by Ord. No. 2003-78; 6-16-2009 by Ord. No.
2009-179; 10-11-2011 by Ord. No. 2011-323[1]]
[1]
Editor's Note: This ordinance provided an effective date of
12-1-2011.
F.
The Commissioner, at his or her discretion, may waive
the fees for a certificate of occupancy to legalize occupancy or use
of a property when an undocumented change to a less intensive occupancy
or use has occurred prior to transfer of title to the present owner.
[Added 2-27-1990 by Ord. No. 90-60]
G.
The fee for a certificate of occupancy when required for transfer of title as per § 90-16A(2)(a) of the Municipal Code shall be the same as in Subsection C.
[Added 4-8-2003 by Ord. No. 2003-78;
amended 6-16-2009 by Ord. No. 2009-179]
[Amended 2-27-1979 by Ord. No. 79-91; 10-14-1980 by Ord. No.
80-450; 4-28-1981 by Ord. No. 81-144; 5-25-1982 by Ord. No. 82-208; 6-12-1984 by Ord. No. 84-226; 5-22-1990 by Ord. No. 90-193; 5-11-1993 by Ord. No.
93-147]
A.
The fee for each partial permit is $100 in addition
to the fee based on the actual cost of the work. When a partial permit
is requested, this fee and the entire permit fee shall be paid at
the time of the issuance of the partial permit.
[1]
Editor's Note: This ordinance provided an effective date of
12-1-2011.
B.
The fee to rescind a stop-work order is $50 for work
up to $5,000 in actual cost of the total project, $100 for work exceeding
$5,000 and up to $25,000 in actual cost of the total project, and
$500 for work exceeding $25,000 in actual cost of the total project.
C.
There shall be no fee to file an affidavit as a permanent
record of the Department.
[Amended 6-18-1996 by Ord. No. 96-204]
A.
Objective. It is the intent of this section to provide
a definite and orderly administrative appeal process which will prevent
unnecessary delay or litigation.
B.
Procedure. An owner or owner's agent may appeal from any local provision or any interpretation of a local provision of the Building Code by filing a written appeal with the Commissioner. The Commissioner will conduct a hearing and render a written decision within 10 days of receipt of the appeal. If no decision is rendered within that time, the appeal will be deemed denied. If the Commissioner shall take no action or decide against the appellant, the appellant may appeal to the Board of Review, established by Chapter 4 of the City Code. The Board of Review will conduct a hearing and render a written decision. If the Board decides against the appellant, the appellant may appeal to the Supreme Court, State of New York, pursuant to Article 78 of the Civil Practice Law and Rules. Variances, appeals or interpretations of the New York State Uniform Fire Prevention and Building Code must be sought in accordance with the provisions of Title 19 NYCRR, Part 444, titled "Variance Procedures," administered by the Secretary of State.
[Amended 6-27-1985 by Ord. No. 85-263; 10-21-2003 by Ord. No.
2003-341]
C.
Fees. Fees shall not be charged for appeals to the Commissioner. A fee of $50 shall be charged for appeals to the Board of Review, as provided by Chapter 4 of the Municipal Code.
[Amended 6-18-1996 by Ord. No. 96-205][1]]
[1]
Editor's Note: Former Subsection D, regarding
the fee for variances or appeals from the New York State Board of
Review, which subsection immediately followed, as added 6-18-1996
by Ord. No. 96-205, was repealed 10-21-2003 by Ord. No. 2003-341.
[Amended 10-14-1980 by Ord. No. No. 80-450]
A.
A person performing work for which a permit is required and for which
no permit has been obtained shall be charged a penalty equal to the
applicable permit fee; provided, however, that said penalty shall
be no less than $150 for residential work and $300 for commercial
work. The person must also pay the applicable permit fee itself.
[Amended 6-19-2018 by Ord. No. 2018-165]
B.
Violations of this chapter may be referred to the Municipal Code Violations Bureau, wherein violators shall be subject to the penalties for immediate hazard category violations set forth in § 13A-11D(1) of the Municipal Code.
Whenever reasonable doubt exists as to whether
any material or type of construction meets the requirements of the
Building Code, the Commissioner may require tests as proof of compliance
to be made by an approved agency at the expense of the owner.
[Amended 6-27-1985 by Ord. No. 85-263; 8-8-1995 by Ord. No. 95-284; 11-19-2002 by Ord. No. 2002-354; 10-21-2003 by Ord. No.
2003-341]
Where there are inconsistencies between the provisions of the New York State Uniform Fire Prevention and Building Code and the Zoning Code, Chapter 120, the provisions of the more restrictive code shall govern.
[Added 2-7-1984 by Ord. No. 84-40]
A.
License; when required. No person shall conduct electrical
inspections pursuant to applicable codes unless the person undertaking
such inspections has obtained a license to inspect from the Commissioner
of Neighborhood and Business Development.
[Amended 6-16-2009 by Ord. No. 2009-179]
B.
Application for license.
(1)
Applications for licenses shall be made at the Department
of Neighborhood and Business Development. Such applications shall
be made on forms prescribed by the Commissioner of Neighborhood and
Business Development and shall contain such information as the Commissioner
may require.
(2)
Persons seeking a license must submit documentation
and certify that they meet the standards for an electrical inspection
agency established by the Commissioner. The standards shall be filed
in the office of the Commissioner and the City Clerk.
C.
Issuance of license. The Commissioner shall issue
a license if in his or her judgment, the agency meets the standards
for an electrical inspection agency and is competent to conduct electrical
inspections.
[Amended 2-14-2006 by Ord. No. 2006-22]
D.
Revocation and expiration.
(1)
The Commissioner, at any time subsequent to the issuance
of a license, if he or she has reason to believe that the agency no
longer meets the standards for an electrical inspection agency or
is no longer competent to conduct electrical inspections, shall, after
a hearing, have the power to suspend or revoke the license.
[Amended 2-14-2006 by Ord. No. 2006-22]
(2)
All licenses, unless sooner revoked, shall expire
on the last day of July after the date of issuance, and application
for a new license shall be made in the same manner as for the original
license by the last day of June.
E.
Fee. The annual license fee shall be $100.
[Amended 5-11-1993 by Ord. No. 93-147]
F.
Standards and rules. The Commissioner is hereby authorized
to adopt any standards, procedures, rules, regulations and forms that
are necessary to effective administration and enforcement of this
section.
[Added 8-19-1997 by Ord. No. 97-328]
It shall be a requirement of all loans and grants
from the City for projects involving new construction or renovations,
additions or alterations to existing facilities that the person receiving
the loan or grant comply with all applicable provisions of law, including
the Americans with Disabilities Act, Section 504 of the Rehabilitation
Act of 1973, the Architectural Barriers Act of 1968 and the Fair Housing
Act.