[Adopted 9-7-1976 by L.L. No. 8-1976
as Ch. 7, Art. II, of the 1969 Code]
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 cause the same to be done, without first
obtaining a separate building permit from the Building Official for
each such building or structure; except that no building permit shall
be required for the performance of ordinary repairs which are not
structural in nature.
B.
Contents of application; by whom made.
(1)
Application for a building permit shall be made to
the Building Official on forms provided by him and shall contain the
following information:
(a)
A description of the land on which the proposed
work is to be done:
(b)
A statement of the use or occupancy of all parts
of the land and the proposed building or structure;
(c)
The valuation of the proposed work;
(d)
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;
(e)
A brief description of the nature of the proposed
work;
(g)
Such other information as may reasonably be
required by the Building Official to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances
and regulations.
(2)
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.
(1)
Each application for a building permit 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, 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 Official, 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 and, where required
by § 7307, as amended, of Article 147 of the Educational
Law of the State of New York, the seal of a licensed architect or
a licensed professional engineer.
[Amended 4-15-2003 by L.L. No. 1-2003]
(3)
The Building Official may waive the requirement for
filing plans and specifications for minor alterations.
D.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with and approval
received from the Building Official prior to the commencement of such
change of work.
E.
Pursuant to, and in compliance with, General Municipal
Law § 125, the Town shall not issue a building permit until
the applicant provides either:
[Added 4-15-2003 by L.L.
No. 1-2003]
(1)
Proof, in approved form, that workers' compensation
insurance and disability benefits coverage is effective; or
(2)
An affidavit that such applicant has not engaged an
employer or any employees, as those terms are defined in § 2
of the Workers' Compensation Law, to perform work relating to such
building permit.
A.
Upon the filing of an application for a building permit,
the fees payable for the following shall be those established by resolution
of the Town Board[1]:
[Amended 8-6-1991 by L.L. No. 3-1991]
(1)
New one- and two-family residential buildings.
(2)
Any new buildings, additions or alterations other
than one- and two-family dwellings.
(3)
Supplemental structures, whether attached to or detached
from the main structure, more particularly in reference to, but not
limited to, all farm outbuildings, garages, patios, breezeways, enlargement
or enclosure of porches, dormers, swimming pools and tool sheds.
(4)
Demolition of any building.
(5)
Moving any building to any new location.
(6)
Other installations, more particularly in reference
to, but not limited to, oil burners and storage tanks, sprinklers,
standpipes and refrigeration systems.
(7)
The minimum fee for any permit.
(8)
Additional inspections.
[1]
Editor's Note: The resolution establishing
fees is on file in the office of the Town Clerk.
B.
In the event that any of the aforementioned types
of construction or alteration is filed with the complete construction
plans, all such work is included under one fee base for a structure
or building, inclusive of such work.
C.
Any work which is not specifically provided for above
and for which a permit must be obtained shall be charged a fee in
accordance with the rate set forth in the category herein most analogous
to such work, to be determined at the discretion of the Building Official.
A.
The Building Official shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within a reasonable time.
B.
Upon the approval of the application and upon receipt
of the legal fees therefor, he shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereto.
C.
Upon 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 Official and the other set shall be returned
to the applicant, together with the building permit, and shall be
kept by the applicant at the building site, open to inspection by
the Building Official or his 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 of the requirements of the applicable building
regulations, the Building Official shall return the plans and specifications
to the applicant. Upon the request of the applicant, the Building
Official shall cause such refusal, together with the reasons therefor,
to be transmitted to the applicant in writing.
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 for a period of one year after
the date of its issuance. In the event that the construction for which
the permit is issued is not completed within such one-year period,
the Building Official may, for good cause shown, allow a maximum of
two extensions for periods not exceeding six months each.
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 applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications.
C.
Building permits shall be prominently displayed on
the job site at all times during the progress of construction so as
to be readily seen from adjacent thoroughfares.
D.
In the event that performance of work under a building permit or work that required a building permit is not completed within the time period set forth in Subsection A above, the Building Official may issue notice to the property owner and/or contractor that all work must be completed within no more than three months and such person(s) shall forthwith complete all necessary work required by the Building Official within said time period or such shorter time period as the Building Official shall deem reasonable. In the event that such necessary work is not so completed by the property owner and/or contractor, the Building Official may make an application to the Town of Binghamton Justice Court or such other court of competent jurisdiction for an order permitting the Town of Binghamton to dismantle, demolish, and remove said partially completed work with its own forces and/or with that of its contractors, all of which shall be at the cost and expense of the property owner.
[Added 4-21-2009 by L.L.
No. 4-2009]
The Building Official may revoke a building
permit theretofore issued in the following instances:
A.
Where he finds that there has been any false statement
or misrepresentation as to 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
Building Official.
Whenever the Building Official has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations, or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued, or in an unsafe and dangerous manner,
he shall notify the owner of the property or the owner's agent or
the person performing the work, to suspend all work, and any such
person shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall state the conditions under which the work may
be resumed, and may be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon
a conspicuous portion of the building under construction and sending
a copy of the same by registered mail.
[Amended 4-15-2003 by L.L. No. 1-2003]
The Building Official, upon the showing of proper
credentials and in the discharge of his duties, may enter upon any
building, structure or premises at any reasonable hour, and no person
shall interfere with or prevent such entry.
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Building Official.
B.
No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building permit 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 by the Building
Official.
C.
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Building official.
D.
The owner or his agent shall make application for
a certificate of occupancy. Accompanying this application and before
the issuance of a certificate of occupancy, there shall be filed with
the Building Official an affidavit of the registered architect or
licensed professional engineer who filed the original plans, or of
the registered architect or licensed professional engineer who supervised
the construction of the work, or of the superintendent of construction
who supervised the work and who, by reason of his experience, is qualified
to superintend the work for which the certificate of occupancy is
sought. This affidavit shall state that the deponent has examined
the approved plans of the structure for which a certificate of occupancy
is sought, that the structure has been erected in accordance with
approved plans, and as erected complies with the law governing building
construction except insofar as variations therefrom have been legally
authorized. Such variations shall be specified in the affidavit.
A.
Before issuing a certificate of occupancy, the Building
Official 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 or 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
building laws, ordinances and regulations, and also in accordance
with the application, plans and specifications filed in connection
with the issuance of the building permit, the Building Official shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
the Building Official shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
B.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after application therefor is made. Failure
to act upon such application within 30 days shall constitute approval
of such application and the building or portion thereof may thereafter
be occupied as though a certificate of occupancy had been issued.
C.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy are
in conformity with the provisions of the applicable 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 Building Official may issue
a temporary certificate of occupancy for a building or structure or
part thereof before the entire work covered by the building permit
shall have been completed, provided such portion or portions as have
been completed may be occupied safely without endangering life or
the public welfare. A temporary certificate of occupancy shall remain
effective for a period not exceeding three months from its date of
issuance. For good cause, the Building Official may allow a maximum
of two extensions for periods not exceeding three months each.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Building Official may require the same to be subjected
to tests in order to furnish proof of such compliance.
[Added 11-16-2010 by L.L.
No. 19-2015[1]]
A.
No person, firm or corporation shall commence the installation, construction,
erection, alteration, or improvement of a swimming pool without first
obtaining a swimming pool permit from the Building Official; except
that no permit shall be required for the performance of ordinary repairs.
B.
Contents of application.
(1)
Application for a permit shall be made to the Building Official and
shall contain the following information:
(a)
A description of the land on which the proposed swimming pool
shall be installed, constructed or erected, including the full name
and address of the owner.
(b)
Identification of the swimming pool contractor, installer, manufacturer,
and licensed electrician who will be performing the electrical work.
(c)
A set of plans or sketches and specifications, including a full
description of the required fencing around the swimming pool.
(d)
Such other information as may be reasonably required by the
Building Official.
C.
Fee. Upon filing of an application for a permit, the fee set by the
Town Board by resolution shall be paid.
D.
Inspections. The Building Official or his designee shall inspect
and approve the electrical grounding prior to any concrete being poured.
The Building Official shall inspect and approve the full completion
of the swimming pool and required fencing prior to any use of the
swimming pool.
E.
Penalties for offenses. It shall be unlawful for any person, firm
or corporation to install, construct, erect, alter, improve a swimming
pool in violation of the above provisions or to fail to comply with
any order or direction of the Building Official. Any person who shall
fail to obtain a permit, fails to allow and provide for inspections
by the Building Official, or otherwise violates the applicable provisions
of this law shall be punishable by a fine of not more than $1,000
or imprisonment for not more than one year, or both. Each day that
a violation continues shall be deemed a separate offense.
The above rules and regulations may be amended
at any time by the Town Board of the Town of Binghamton, upon the
recommendation of the Building Official, by a majority vote of the
said Board.
