[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;
(f) 
A duplicate set of plans and specifications as set forth in Subsection C of this section; and
(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.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 102-19 through 102-21 as §§ 102-20 through 102-22, respectively.
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.