[Derived from Art. I of Ch. XI of the Charter and Ordinances,
1974]
The following words and terms shall, for the purposes of City
building permits and building permit fees, have the meanings shown
herein:
Pertaining to or having to do with handicap access.
The first of two fees associated with obtaining a building
permit, which fee is paid upon submission of construction documents
to the permit office in the case of a permit requiring such documents,
and in the case of simple permits not requiring any documentation
other than a copy of the building contract is paid together with the
second fee (permit fee) upon obtaining a permit. The application fee
covers work associated with registration, application and plan review
for a permit.
A lesser part or component that is an appendage or accessory
to a whole system, and whose function is incidental or accessory to
the system to which it is connected.
With reference to materials assembly(ies) in a building, structure
or lot: all the materials, parts, elements and components which once
integrated by construction or fabrication comprise a physical unit
or distinct entity within the constructed whole.
With reference to public assembly as one of the occupancy/use
classifications as defined in Section 303.1 of the Building Code of
New York State: Assembly Group A occupancy includes, among others,
the use of a building or structure, or a portion thereof, for the
gathering together of persons for purposes such as civic, social or
religious functions, recreation, food or drink consumption or awaiting
transportation. A room or space used for assembly purposes by less
than 50 persons and accessory to another occupancy shall be included
as a part of that occupancy.
A body of requirements and standards regulating the construction,
maintenance, and demolition of buildings and structures. (The City
of Buffalo administers the New York State family of codes, a collection
of publications coauthored by the International Code Council and the
New York State Department of State, legislated by the state, and implemented
on July 3, 2002. Included in the New York State family of codes:
BUILDING CODEThe Building Code of New York State (BCNYS).
ENERGY CODEThe Energy Conservation Construction Code of New York State (ECCCNYS).
FIRE PREVENTION CODEThe Fire Code of New York State (FCNYS).
FUEL GAS CODEThe Fuel Gas Code of New York State (FGCNYS).
MECHANICAL CODEThe Mechanical Code of New York State (MCNYS).
PLUMBING CODEThe Plumbing Code of New York State (PCNYS).
PROPERTY MAINTENANCE CODEThe Property Maintenance Code of New York State (PMCNYS).
RESIDENTIAL CODEThe Residential Code of New York State (RCNYS), for one- and two-family dwellings.
The building codes above each contain and/or refer to reference
standards which are part of the codes; such reference standards include,
but are not limited to, the following:
ACCESSIBILITY CODEThe Accessibility and Usable Buildings and Facilities Standard ICC/ANSI A117.1-98.
ELEVATOR/ESCALATOR SAFETY CODEThe American Society of Mechanical Engineers Standard ASME A17.1-2000, Safety Code for Elevators and Escalators.
LIFE SAFETY CODEThe National Fire Protection Association Standards NFPA 101-00 and NFPA 102-95.
NATIONAL ELECTRICAL CODEThe National Fire Protection Association (NFPA) Standard NFPA 70-99.
The instrument which allows and controls the erection of
a building, addition to a building, moving a building, change of occupancy,
reconstruction, alteration, renovation, repair, or demolition of a
building, or portion of a building, accessory or incidental building
or structure, or lot, according to the applicable Codes and Ordinances.
The building permit describes and characterizes the work being done,
is part of enforcing compliance with the appropriate Codes, and is
part of the permanent record of the changes at the property and of
the legal use(s) of the property. The following is a list of building
permit Types used in the City of Buffalo:
The second of two fees associated with obtaining a building
permit, which fee is paid upon completion of all plan review approvals
and issuance of the permit, in the case of permits for which construction
documents were submitted, and in the case of simple permits not requiring
any documentation other than a copy of the building contract, is paid
together with the first fee (application fee) at issuance of the permit.
The permit fee covers work associated with inspections, closeout,
and certification for a permit. The following is a list of building
permit fee types used in the City of Buffalo:
The process which includes registration of a building project's
particulars, the appropriate prior approvals, possible appeals for
variances, application, construction document reviews, permit issuance,
inspections of work and approvals, close-out, and appropriate certificates,
and also accompanying paper and electronic documentation and record-keeping
for the project.
See Sections 14-10, Destroying Buildings, and 17-2, Commissioner
of Permit and Inspection Services; Duties and Powers, of this Charter.
The categorization of work, performed at and on existing
and new buildings and structures and their lots, divided into different
levels of complexity of work and of change resulting from that work.
For example, the classification terms "repairs," "renovations," "alterations,"
"reconstruction," and "change of occupancy," respectively, reflect
increasing changes to an existing building with respect to: rehabilitation,
space layout, relationships between spaces, electrical, fuel devices
and plumbing systems, overall safety design, and occupancy/use. (See
the following terms and definitions.)
ADDITION- Any enlargement of the floor area, volume, or covered area of an existing building or structure.
ALTERATION- The reconfiguration of any space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any system.
CHANGE OF OCCUPANCY- A change of purpose or level of activity within a building that involves a change in application of the requirements of the Building Code of New York State.
NEW CONSTRUCTION- The construction of any new, stand-alone building or structure or addition to an existing building or structure.
RECONSTRUCTION- Any project where the reconfiguration of space, as indicated on the construction documents, is such that it adversely impacts the means of egress of spaces outside the work area; affects the entire occupancy; or the work area totals more than two-thirds of the building area. Reconstruction involves work not initially intended by the owner but specifically required by Appendix K, Rehabilitation of existing Structures, of the Building Code of New York State.
RENOVATION- The removal and replacement or the covering of existing materials, parts, elements, components, equipment and/or fixtures using new materials, parts, elements, components, equipment and/or fixtures that serve the same purpose, without reconfiguring the space.
REPAIR- The patching or restoration of materials, parts, elements, components, equipment and/or fixtures for the purposes of maintaining such material, parts, elements, components, equipment and/or fixtures in good or sound condition.
Multiple dwellings (3-family, 4-family, etc. dwellings),
their accessory buildings and structures, and their lots; all mixed-use
buildings containing three or more dwelling units and their accessory
buildings and structures and their lots; and all other nonresidential
buildings, structures, and uses, and their lots, other than utility/miscellaneous
buildings and structures.
With reference to area-calculated permit fees: the public
and service areas of a building or structure, such as halls, toilet
rooms, janitorial rooms, equipment rooms, elevator shafts, mechanical
shafts, lobbies, vestibules, atriums, stairs and like spaces which
are for the use of the general public, occupants and service persons,
and not for use by a single tenant or group of tenants exclusively.
Any fixed mechanical means of transport within the scope
of the most current NYS-adopted ASME ANSI A17.1 reference standard,
for persons or materials located in or adjacent to any building or
structure, such as but not limited to elevators, lifts, escalators,
and moving walkways, including the equipment, its associated parts,
and its hoistways.
Any use/occupancy of a building, portion of a building, or
a lot, which has been established by the proper completion of the
appropriate use/occupancy permit and/or by the issuance of a certificate
of occupancy or certificate of compliance, as appropriate, and which
use has not become a discontinued nonconforming use, or which use
has not been modified or replaced under a more current use/occupancy
permit.
Any plumbing, heating, electrical, ventilating, air handling,
air conditioning, refrigeration and fire protection equipment, as
well as elevators, dumbwaiters, escalators, fuel devices, boilers,
pressure vessels, and other mechanical facilities or installations,
which are related to building services. "Equipment" or "fixture" shall
not include manufacturing, production or process equipment, but shall
include connections from building service to process equipment.
A person employed by a factory or plant which manufactures
equipment, devices, fixtures, components, assemblies, controls, and
other similar parts for the electrical, elevators, fuel devices or
plumbing trades, who has the working knowledge of the trade manufactured
for and of the equipment, etc., manufactured by such factory, and
has been trained and certified by such manufacturer as being knowledgeable
and capable of installing and servicing the equipment and components,
etc., in the field wherever it is installed.
A paved area to the front of a building intended for parking,
where any portion of any vehicle parked thereon would protrude into
the minimum front yard or minimum side street side yard as required
in this Charter according to the zoning district in which the property
is located. Front parking pads are prohibited in both required front
yards and required side street side yards.
All construction work of any type which is not mechanical,
plumbing, process piping, heating/ventilating/air conditioning, electrical,
elevator, or demolition work.
With reference to the City of Buffalo: any contractor, having
been duly tested and approved by the appropriate board as having the
appropriate learning, knowledge, and certification in his/her field
of work, who has paid the appropriate fees for a City license and
now posts such license at his/her place of work, and furthermore,
who has not had his/her license revoked or does not have his/her license
currently under board review. Being licensed with the City of Buffalo
is always irrespective of and unconnected to the possession of any
currently valid license from any other municipality or state, or the
federal government. The following is a list of license types used
by the City of Buffalo:
Construction manager;
Demolition Grade 1;
Demolition Grade 2;
Demolition Grade 3;
Demolition Grade 4;
General contractor;
Handyman contractor;
Home improvement contractor;
Light commercial contractor;
New housing contractor;
Specialty contractor; and
Subcontractor;
With reference to the State of New York: any contractor,
having been duly tested and approved by the appropriate state entity
as to having the appropriate learning, knowledge, and certification
in his/her field of work, who has paid any required fees, and who
holds the appropriate currently valid state license. The following
is the state license type recognized in the City of Buffalo and used
for the appropriate City of Buffalo building permits:
Fire alarm and security installer.
The voltage of any electrical system operating at 100 volts
or more.
The voltage of any electrical system operating at less than
100 volts.
For a commercial building, one of the following categories:
The individual property owner (or owners), who is capable and
has a working knowledge of repairs and replacements in-kind in the
fields of work called for in properly maintaining his/her building
and site.
Any employee(s) in the direct employ of the owner(s), not as
a contractor or subcontractor, but as an actual employee, whose job
it is to maintain the property and who is capable and has a working
knowledge of repairs and replacements in-kind in the fields of work
called for in properly maintaining the building and site that he/she
has been employed by the owner to maintain.
The classification of the occupancy/use of a building, portion
of a building, or a lot, as defined in Chapter 3, Use and Occupancy
Classification, of the Building Code of New York State.
Owner of a residential property which same person occupies
as his/her primary or secondary residence.
A paved area at grade which is accessory to a building and
is used for recreation (such patio subject to any required permits
and licenses). (See "terrace.")
A structure or area on a lot that simulates or re-creates
a body of water in its natural state with respect to the environment,
and that contains water over 24 inches (610 mm) deep. (Ponds shall
be considered as swimming pools for the purposes of codes or ordinances
regulating fencing, distance from overhead wires, discharge of water
affecting neighboring property, and any electrical components. See
Section 403-9 C of this Charter.)
Any work, as described by the classifications of work defined
in Chapter K3, Classification of Work, Appendix K, the Building Code
of New York State, undertaken in an existing building.
Complete door units or assemblies of door units that have
been designed and constructed to be installed into existing openings
without necessitating any change in size of the opening in order to
accommodate the replacement, and which do not reduce existing light,
ventilation, and required egress parameters by more than 5% and do
not affect accessibility.
The removal and replacement of existing materials, elements,
equipment and/or fixtures using new materials, elements, equipment
and/or fixtures of the same type that serve the same purpose and are
located in the same physical location as the replaced materials. Reference
the definition "renovation" under "classification of work" in this
section, above. Replacement in-kind describes work creating less change
than renovation work, in that it describes the use of "materials,
etc., of the same type that serve the same purpose," whereas "renovation"
describes only "materials, etc. that serve the same purpose" (where
in both cases the "materials, etc.," and their uses and installations
must be located in the same physical location as those being replaced,
and must meet the requirements of all applicable codes).
Complete window units or assemblies of window units that
have been designed and constructed to be installed into existing openings
without necessitating any change in size of the opening in order to
accommodate the replacement, and which do not reduce existing light,
ventilation, and required egress parameters by more than 5% and do
not affect accessibility.
One- and two-family dwellings and their accessory buildings,
structures and lots.
On City right-of-way (or mostly on City right-of-way): a
public paved pathway at grade, for pedestrians which extends all along
block frontage. (See "walkway.")
With reference to permit fees: that portion of a lot or property
that is not covered by buildings, accessory or incidental buildings,
building overhangs creating covered areas, or accessory or incidental
structures. "Site" generally describes the locus of work beyond or
outside the confines of the building or structure (i.e., the property
and improvements such as sidewalks, parking lots, landscape areas
and driveways, which surround a building or structure).
From the Building Code of New York State, Section 3109 Swimming
Pools, Paragraph 3109.2, Definition: "Any structure intended for swimming,
recreational bathing or wading that contains water over 24 inches
(610 mm) deep. This includes in-ground, aboveground and on-ground
pools; hot tubs; spas and fixed-in-place wading pools."
All the materials, parts, elements, components, and assemblies
which comprise an integrated installation and perform a specific function
or service.
A level paved area on sloped grade which is accessory to
a building, and which, singularly or in series, provides a level area
or contiguous level areas, used for recreation and/or as a transition
between grades (with or without intervening stairs). (See "patio.")
One of many testing agencies accredited by the Federal Department
of Weights and Measures, which designs and performs tests of materials,
assemblies, and products, according to standards regulated by the
American Society for Testing and Materials (ASTM) to ascertain and
certify such materials, assemblies, and products as uniformly and
consistently capable of providing the safety, strength, durability,
function, service, task, etc., that they have been designed to provide.
The Underwriters' Laboratory also does periodic oversight of
the quality control systems of manufacturing processes creating materials,
assemblies, and products.
Any permit describing a change of purpose or level of activity
at, and the attendant physical changes at a property, which, when
properly approved, issued, inspected, closed, and certified according
to applicable codes, executes and legally effects a change of occupancy
of a building, portion of a building, structure, or a lot.
Buildings and structures of an accessory character and miscellaneous
structures, any of which are not classified in any specific occupancy
as defined in Chapter 3, Use and Occupancy Classification, of the
Building Code of New York State (BCNYS). Such buildings and structures
shall be constructed, equipped and maintained to conform to the requirements
of the BCNYS commensurate with the fire and life hazard incidental
to their occupancy.
On private property: a paved pathway, at grade for pedestrians,
whether level or sloped. "Walkway" does not include any accessible
ramp. (See "sidewalk.")
With reference to buildings, covered open areas, accessory buildings,
and accessory and incidental structures at properties: the square-foot
area within which the work is to be done, as defined by the Building
Code Of New York State.
With reference to sites, i.e., areas not built upon or over,
at properties (see "site"): the square-foot area which will be serviced
by the work to be done.
On a corner lot: a side yard of a corner lot which fronts
on a street is called a "side street side yard;" any side street side
yard is considered as an additional front yard for the purposes of
yard requirements, fencing regulations, and any other zoning regulations
in this Charter which control or affect front yards. (See § 511-115A.)
[Amended 6-8-1993, effective 6-21-1993; 7-20-2004, effective 8-2-2004]
No person, firm or corporation shall, within the City of Buffalo, renovate, alter, reconstruct, occupy or use for any purpose, extend or enlarge, move, erect, place, or demolish or remove any building, structure, or site until he shall have first procured a permit so to do; provided, however, that no permit shall be necessary where the work parameters fall completely and solely within work descriptions in § 103-2.3. Any person desiring permission to renovate, alter, reconstruct, occupy or use for any purpose, extend or enlarge, move, erect, place, demolish or remove such building, structure, or site or any part of such building, structure, or site in any portion of the City shall first present to the Commissioner the application required in § 103-3 of this article, and a signed copy of the contract between the homeowner and authorized agent, architect, engineer or contractor employed in connection with the proposed work when applicable, and, if the Commissioner shall approve the same, he shall attach his approval thereof and issue the permit within 60 days of such approval subject to all provisions of law and ordinance.
[Added 7-20-2004, effective 8-2-2004]
A.
All work, materials, parts, elements, components, finishes, equipment
and/or fixtures, assemblies and systems shall comply with the requirements
of the Building Codes of New York State irrespective of the requirement
for a building permit or payment of a building permit fee.
B.
All work shall comply with the provisions of the codes and ordinances
of this Charter irrespective of requirement for a building permit
or payment of a building permit fee.
C.
All work is subject to all other applicable approvals and reviews
and their attendant fees irrespective of requirement for a building
permit or payment of a building permit fee.
D.
The owner of a building, structure or lot is the primary responsible
party in building permit and building permit fee matters. The use
or employment of any agent, a licensed architect or licensed structural
engineer, or a licensed contractor, does not obviate the owner's
responsibilities.
[Added 7-20-2004, effective 8-2-2004]
A.
Demolition:
(1)
Demolition at existing one- and two-family dwellings in conjunction
with sanctioned repair work which is limited to:
(a)
Removal of finishes and trims as well as carpeting, tiling,
cabinets and countertops;
(b)
Demolishing non-fire-rated, non-load-bearing or structural interior
and exterior parts, elements and components, provided that such demolition
does not affect exiting or egress;
(c)
Demolishing equipment and/or fixtures, provided that they are
not part of an in-service fire protection, detection or alarm system
or they affect exiting or egress; and
(d)
Demolishing single-story, detached sheds, storage buildings,
playhouses, similar-sized buildings of utility/miscellaneous use of
up to and including 144 square feet of ground surface coverage or
playground equipment. However, if such a single-story, detached shed,
storage building, playhouse, similar-sized building of utility/miscellaneous
use of up to and including 144 square feet of ground surface coverage
or playground equipment has any perimeter wall or any part, element,
component, assembly or system which is on a property line, or shares
or is part of a common wall with another building or structure, a
demolition permit is required.
(2)
Also, if a demolition involves any part of a fence around a
swimming pool, a fencing permit is required.
(3)
Homeowners and appropriately licensed handymen, contractors,
and construction managers may perform such demolitions without applying
for and obtaining a demolition permit and paying demolition permit
fees.
(4)
All other demolitions require a demolition permit and the payment
of a demolition permit fee. See flat fee and area-calculated fee schedules.
(5)
No work involving the removal or containment of asbestos-containing
materials (ACM's) may be done without first obtaining an asbestos
abatement permit and paying asbestos abatement permit fees.
B.
General construction:
(1)
Repairs to the exteriors and interiors of existing one- and
two-family dwellings which do not involve or affect:
(a)
Damage resulting from a fire;
(b)
Load-bearing and structural parts, elements, components, assemblies
or systems;
(c)
Removal or cutting away of a wall, partition, or portion thereof;
(d)
Exiting;
(e)
Tenant separations;
(f)
Fire separations;
(g)
The removal from service of fire protection systems, or portions
of fire protection systems, for any period of time;
(h)
Enlargement, alteration, replacement, or relocation of any building
system; and
(i)
Fences surrounding a swimming pool or a pond, either of which
is over two feet deep.
|
Homeowners and appropriately licensed handymen, contractors,
and construction managers may make such general construction repairs,
consistent with the definition of "repairs," without applying for
and obtaining a building permit and paying building permit fees.
|
(2)
Repairs to the exteriors and interiors of existing commercial
buildings which do not involve or affect:
(a)
Damage resulting from a fire;
(b)
Load-bearing and structural parts, elements, components, assemblies
or systems;
(c)
Removal or cutting away of a wall, partition, or portion thereof;
(d)
Exiting;
(e)
Tenant separations;
(f)
Fire separations;
(g)
The removal from service of fire protection systems, or portions
of fire protection systems, for any period of time;
(h)
Enlargement, alteration, replacement, or relocation of any building
system; and
(i)
Fences surrounding a swimming pool or a pond, either of which
is over two feet deep.
|
Appropriately licensed contractors and construction managers
may make such general construction repairs, consistent with the definition
of "repairs," without applying for and obtaining a building permit
and paying building permit fees.
|
(3)
Renovations to the interiors of existing one- and two-family
dwellings which do not involve or affect:
(a)
Damage resulting from a fire;
(b)
Structural parts, elements, components, systems, assemblies
or systems;
(c)
Removal or cutting away of a wall, partition, or portion thereof;
(d)
Exiting;
(e)
Tenant separations;
(f)
Fire separations;
(g)
The removal from service of fire protection systems, or portions
of fire protection systems, for any period of time;
(h)
Enlargement, alteration, complete replacement, or relocation
of any building system;
(i)
Fences surrounding a swimming pool or a pond, either of which
is over two feet deep; and
(j)
Any current legal use or occupancy.
|
Homeowners and appropriately licensed handymen, contractors,
and construction managers may make such general construction renovations,
consistent with the definition of "renovations," without applying
for and obtaining a building permit and paying building permit fees.
|
(4)
Renovations to the interiors of existing commercial buildings
which do not involve or affect:
(a)
Damage resulting from a fire;
(b)
Structural components, systems, assemblies or systems;
(c)
Removal or cutting away of a wall, partition, or portion thereof;
(d)
Exiting;
(e)
Tenant separations;
(f)
Fire separations;
(g)
The removal from service of fire protection systems, or portions
of fire protection systems, for any period of time;
(h)
Enlargement, alteration, complete replacement, or relocation
of any building system;
(i)
Fences surrounding a swimming pool or a pond, either of which
is over two feet deep; and
(j)
Any current legal use or occupancy.
|
Appropriately licensed contractors and construction managers
may make such general construction renovations, consistent with the
definition "renovations," without applying for and obtaining a building
permit and paying building permit fees.
|
(5)
New installations at existing one- and two-family dwellings
which are limited to:
(a)
Manufactured awnings;
(b)
Above-ground pools which are under two feet deep;
(c)
Ponds which are under two feet deep; and
(d)
Movable partitions under five feet nine inches in height or
movable cases under five feet nine inches in height.
|
Homeowners and appropriately licensed handymen, contractors,
and construction managers may make such new installations at one-
and two-family dwellings without applying for and obtaining a building
permit and paying building permit fees, provided that such installation
does not affect exiting, provided that the construction, materials,
parts, elements, components, finishes, assemblies and systems comply
with the applicable provisions of the building, fire and life safety
codes, and provided that the capacity of the existing floor structure
and related parts, elements, components, assemblies and systems can
support the additional load imposed by such installation.
|
(6)
New installations at existing commercial buildings which are
limited to:
(a)
Movable partitions under five feet nine inches in height or
movable cases under five feet nine inches in height.
|
Maintenance personnel, appropriately licensed contractors, and
construction managers may make such new installations in existing
commercial buildings without applying for and obtaining a building
permit and paying building permit fees, provided that such installation
does not affect exiting, provided that the construction, materials,
parts, elements, components, finishes, assemblies and systems comply
with the applicable provisions of the building, fire and life safety
codes, and provided that the capacity of the existing floor structure
and related parts, elements, components, assemblies and systems can
support the additional load imposed by such installation.
|
(7)
Exterior or interior surface painting and coating at existing
one- and two-family dwellings. Homeowners and appropriately licensed
handymen, contractors, and construction managers may paint or coat
existing surfaces at existing one- and two-family dwellings without
applying for and obtaining a building permit and paying building permit
fees, provided that the applied finishes comply with the applicable
building, fire and life safety code provisions.
(8)
Exterior or interior surface painting and coating at existing
commercial buildings.
(a)
Appropriately licensed contractors and construction managers
may paint or coat existing surfaces at existing commercial buildings
without applying for and obtaining a building permit and paying a
building permit fee, provided that the applied finishes comply with
the applicable building, fire and life safety code provisions.
(b)
All work involving fireproofing repair, renovation, or application
requires a building permit and the payment of building permit fees.
(9)
Repair, renovation or installation of flooring material in existing
one- and two-family dwellings which is limited to:
(a)
Pad and carpet;
(b)
Vinyl sheet goods;
(c)
Vinyl tile;
(d)
Ceramic tile;
(e)
Quarry tile;
(f)
Porcelain tile;
(g)
Stone tile;
(h)
Stone slabs;
(i)
Wood tile; and
(j)
Wood strip plank.
|
Homeowners and appropriately licensed handymen, contractors,
and construction managers may repair, renovate, or install such flooring
material in existing one- and two-family dwellings without applying
for and obtaining a building permit and paying building permit fees,
provided that the capacity of the existing floor structure and related
parts, elements, components, assemblies and systems can support the
additional load imposed by such flooring and its related parts, elements,
components, assemblies and systems, and provided that such flooring,
its finish and related parts, elements, components, assemblies and
systems comply with applicable building, fire and life safety code
provisions.
|
(10)
Repair, renovation or installation of flooring material in existing
commercial buildings which is limited to:
(a)
Pad and carpet;
(b)
Vinyl sheet goods;
(c)
Vinyl tile;
(d)
Ceramic tile;
(e)
Quarry tile;
(f)
Porcelain tile;
(g)
Stone tile;
(h)
Stone slabs;
(i)
Wood tile; and
(j)
Wood strip plank.
|
Appropriately licensed contractors and construction managers
may repair, renovate, or install such flooring material in existing
commercial buildings without applying for and obtaining a building
permit and paying building permit fees, provided that the capacity
of the existing floor structure and related parts, elements, components,
assemblies and systems can support the additional load imposed by
such flooring and its related parts, elements, components, assemblies
and systems, and provided that such flooring, its finish and related
parts, elements, components, assemblies and systems comply with applicable
building, fire and life safety code provisions.
|
(11)
Repair, renovation or installation of wall finish material at
existing one- and two-family dwellings which is limited to:
(a)
Wall covering and wall paper;
(b)
Ceramic tile;
(c)
Quarry tile;
(d)
Porcelain tile;
(e)
Stone tile;
(f)
Stone slabs;
(g)
Wood tile;
(h)
Wood strip plank;
(i)
Metal tile or sheeting; and
(j)
Plaster or drywall.
|
Homeowners and appropriately licensed handymen, contractors,
and construction managers may repair, renovate, or install such wall
finish material in existing one- and two-family dwellings without
applying for and obtaining a building permit and paying building permit
fees provided that renovation or installation of such finishes does
not affect fire separations, provided that the capacity of the existing
structure and related parts, elements, components, assemblies and
systems can support the additional load imposed by such wall finish
material and its related parts, elements, components, assemblies and
systems, and provided that such wall finish material, its finish and
related parts, elements, components, assemblies and systems comply
with applicable building, fire and life safety code provisions.
|
(12)
Repair, renovation or installation of wall finish material in
existing commercial buildings which is limited to:
(a)
Wall covering and wallpaper;
(b)
Ceramic tile;
(c)
Quarry tile;
(d)
Porcelain tile;
(e)
Stone tile;
(f)
Stone slabs;
(g)
Wood tile;
(h)
Wood strip plank;
(i)
Metal tile or sheeting; and
(j)
Plaster or drywall.
|
Appropriately licensed contractors and construction managers
may repair, renovate, or install such wall finish material in existing
commercial buildings without applying for and obtaining a building
permit and paying building permit fees, provided that renovation or
installation of such finishes does not affect fire separations, provided
that the capacity of the existing structure and related parts, elements,
components, assemblies and systems can support the additional load
imposed by such wall finish material and its related parts, elements,
components, assemblies and systems, and provided that such wall finish
material, its finish and related parts, elements, components, assemblies
and systems comply with applicable building, fire and life safety
code provisions.
|
(13)
Repair, renovation, or installation of cabinetry and trim at
existing one- and two-family dwellings which is limited to:
(a)
Cabinets and soffits;
(b)
Countertops;
(c)
Shelving;
(d)
Work surfaces;
(e)
Moldings; and
(f)
Closets.
|
Homeowners and appropriately licensed handymen, contractors,
and construction managers may repair, renovate, or install such cabinetry
and trim in existing one- and two-family dwellings without applying
for and obtaining a building permit and paying building permit fees,
provided that: repair, renovation or installation of such cabinetry
and trim does not affect fire separations; provided that the capacity
of the existing structure and related parts, elements, components,
assemblies and systems can support the additional load imposed by
such cabinetry and trim and its related parts, elements, components,
assemblies and systems; and provided that such cabinetry and trim,
its finish and related parts, elements, components, assemblies and
systems comply with applicable building, fire and life safety code
provisions.
|
(14)
Repair, renovation, or installation of cabinetry and trim at
existing commercial buildings which is limited to:
(a)
Cabinets and soffits;
(b)
Countertops;
(c)
Shelving;
(d)
Work surfaces;
(e)
Moldings; and
(f)
Closets.
|
Appropriately licensed contractors and construction managers
may repair, renovate, or install such cabinetry and trim in existing
commercial buildings without applying for and obtaining a building
permit and paying building permit fees provided that: repair, renovation
or installation of such cabinetry and trim does not affect fire separations;
provided that the capacity of the existing structure and related parts,
elements, components, assemblies and systems can support the additional
load imposed by such cabinetry and trim and its related parts, elements,
components, assemblies and systems; and provided that such cabinetry
and trim, its finish and related parts, elements, components, assemblies
and systems comply with applicable building, fire and life safety
code provisions.
|
(15)
Repair, renovation or installation of landscaping at existing
one- and two-family dwelling sites which is limited to:
(a)
Plant materials, including seeds, bulbs, flowers, shrubs and
trees;
(b)
Ground covers;
(c)
Grass or sod;
(d)
Precast concrete, masonry or masonry or stone units used in
assemblies and systems less than two feet in height for incidental
retention of landscaping beds; and
(e)
Fences (except any fences which surround a pool or a pond, either
of which is over two feet deep; such fences require a permit).
|
Homeowners and appropriately licensed handymen, contractors,
and construction managers may repair, renovate, or install such landscaping
at existing one- and two-family dwelling sites without applying for
and obtaining a building permit and paying building permit fees. However,
no such repairs, renovation or installation shall adversely alter
drainage patterns to the detriment of adjoining properties, obstruct
exiting or egress, violate local ordinances or codes, create a nuisance,
create a fire or other hazard, or create a dangerous condition.
|
(16)
Repair, renovation or installation of landscaping at existing
commercial building sites which is limited to:
(a)
Plant materials, including seeds, bulbs, flowers, shrubs and
trees;
(b)
Ground covers;
(c)
Grass or sod;
(d)
Precast concrete, masonry or masonry or stone units used in
assemblies and systems less than two feet in height for incidental
retention of landscaping beds; and
(e)
Fences (except any fences which surround a pool or a pond, either
of which is over two feet deep; such fences require a permit).
|
Appropriately licensed contractors and construction managers
may repair, renovate, or install such landscaping at existing commercial
building sites without applying for and obtaining a building permit
and paying building permit fees. However, no such repairs, renovation
or installation shall adversely alter drainage patterns to the detriment
of adjoining properties, obstruct exiting or egress, violate local
ordinances or codes, create a nuisance, create a fire or other hazard,
or create a dangerous condition.
|
(17)
Repair, renovation or installation of cast-in-place concrete
flatwork, asphalt paving, precast paving units, brick paving units
and stone paving units at existing grades at existing one- and two-family
dwelling sites which is limited to:
(a)
Walkways;
(b)
Terraces;
(c)
Patios;
(d)
Driveways; and
(e)
Parking areas (except front parking pads, which are not permitted).
|
Homeowners and appropriately licensed handymen, contractors,
and construction managers may repair, renovate, or install such flatwork
or paving at existing one- and two-family dwelling sites without applying
for and obtaining a building permit and paying building permit fees.
However, no such repairs, renovation or installation shall adversely
alter drainage patterns to the detriment of adjoining properties,
violate local ordinances or codes, create a nuisance, create a fire
or other hazard or create a dangerous condition.
|
(18)
Repair, renovation or installation of cast-in-place concrete
flatwork, asphalt paving, precast paving units, brick paving units
and stone paving units at existing grades at existing commercial building
sites for work that is limited to:
(a)
Walkways;
(b)
Terraces; and
(c)
Patios.
|
Appropriately licensed contractors and construction managers
may repair, renovate, or install such flatwork or paving at existing
commercial building sites without applying for and obtaining a building
permit and paying building permit fees. However, no such repair, renovation
or installation shall adversely alter drainage patterns to the detriment
of adjoining properties, violate local ordinances or codes, create
a nuisance, create a fire or other hazard or create a dangerous condition.
|
(19)
Repair, renovation or construction of storage sheds, playhouses,
similar utility/miscellaneous buildings and playground equipment at
existing one- and two-family dwellings. Homeowners and appropriately
licensed handymen, contractors, and construction managers may repair,
renovate, or construct such a single story, detached storage shed
of up to 144 square feet of ground surface coverage, similar-sized
and configured buildings of utility/miscellaneous use or playground
equipment without applying for and obtaining a building permit and
paying building permit fees. However, no such shed, similar-sized
building of utility/miscellaneous use or playground equipment shall
adversely alter drainage patterns to the detriment of adjoining properties,
be in violation of the building or other applicable code, be in violation
of the zoning ordinances, create a fire or other hazard, create a
dangerous condition or create a nuisance.
(20)
Construction of temporary motion-picture, television, and theater
stage sets and scenery at existing commercial buildings or sites.
(a)
Appropriately licensed contractors and construction managers
may construct temporary motion-picture, television, and theater stage
sets and scenery at existing commercial buildings without applying
for and obtaining a building permit and paying building permit fees.
However, no such temporary motion-picture, television, and theater
stage sets and scenery at existing commercial buildings shall adversely
alter drainage patterns to the detriment of adjoining properties,
be in violation of the building or other applicable code, be in violation
of the zoning ordinances, create a fire or other hazard, create a
dangerous condition or create a nuisance.
(b)
All nonexempted electrical, plumbing and fuel devices work associated
with the renovation or construction of such temporary motion-picture,
television, and theater stage sets and scenery requires a building
permit(s) and the payment of a building permit fee(s).
C.
Even when general construction building permits are not required,
all parts, elements, components, assemblies and systems parts used
for general construction repairs, renovations, and Construction must
conform to current BCNYS building and fire prevention code requirements
and City Charter, codes and ordinances.
[Added 7-20-2004, effective 8-2-2004]
Building permits shall be required for all work done in the City that is not exempted in § 103-2.3, Terms and conditions under which building permits and building permit fees are not required, above.
[Added 7-20-2004, effective 8-2-2004]
A.
Building permit fees shall be charged for all building and related work done in the City that is not exempted from such fees in § 103-2.3.
B.
A fee as provided in Chapter 175, Fees, shall be collected with each application, for application and examination of plans and specifications, and such fee shall not be returned to the applicant. In addition to the above application fee, a permit fee, to be paid for the issuance of the permit, inspection of work, and closeout, shall be collected as provided in Chapter 175, Fees.
C.
For purposes of determining the proper fee for area-calculated fees,
the work area is the square-foot area within which the work is to
be done, as defined by the Building Code of New York State. The use
or occupancy is such legally created as use or occupancy as defined
in the Building Code of New York State, Chapter 3, Use and Occupancy
Classification.
A.
Application for a building permit shall be made to the Commissioner
in such form as the Commissioner shall prescribe.
B.
The application must be made by an authorized agent, architect, engineer,
licensed home improvement salesman, construction manager, or contractor
employed in connection with any or part of the proposed work. Note:
The owner of a building, structure or lot is the primary responsible
party in building permit and building permit fee matters. The use
or employment of any agent, licensed architect or engineer, or a licensed
contractor does not obviate the owner's responsibilities.
[Amended 2-21-1995, effective 3-2-1995; 7-20-2004, effective 8-2-2004]
C.
The application must be made by the owner when the work is being
performed solely by the owner.
[Added 2-21-1995, effective 3-2-1995]
A.
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, addresses, phone numbers, and
fax numbers of the owner and the applicant, agent, contractor, construction
manager, site contact, architect, structural engineer, principal for
a design professional, and tenant agent, if applicable; and those
of the responsible employees if the owner is a corporate body.
[Amended 7-20-2004, effective 8-2-2004]
B.
The application shall contain the estimated cost of the proposed
work.
C.
The application may also contain such other information as may reasonably
be required by the Commissioner to establish the compliance of the
proposed work with the requirements of the International Family of
Building Codes of New York State, the requirements of this Charter,
and the requirements of other applicable building laws, ordinances
and regulations.
[Amended 7-20-2004, effective 8-2-2004]
D.
Construction documents submitted and/or required under the Building
Code of New York State shall have included an affidavit as part of
the construction documents submission in such form as the Commissioner
of the Department of Permits and Inspection Services shall prescribe.
Such affidavit shall have the following minimum information thereon,
as applicable:
(1)
Project address, including assessed address, also-known-as addresses
and zip code;
(2)
Location of building on lot;
(3)
Brief description of project, and code approach taken;
(4)
Seismic category;
(5)
Total building area;
(6)
Number of stories (including basements and cellars used as a story);
(7)
Building construction type(s);
(8)
Location of project by floor and key plan;
(9)
Adjacent occupancies;
(10)
Affected fire separations;
(11)
Occupancy/use category(ies) in building or structure;
(12)
Square foot totals of work area(s) for each use/occupancy classification;
(13)
Square foot work area total for site work;
(14)
Square foot total of all areas serviced by plumbing storm drainage
site work;
(15)
Classification(s) of work being done;
(16)
Exiting diagram;
(17)
Structural loads; and
(18)
The names, addresses, phone numbers, and fax numbers of the
owner, of the architect or structural engineer, and those of the responsible
employees if the owner is a corporate body.
[1]
Editor's Note: This ordinance also redesignated former
Subsection D as Subsection H.
E.
Construction documents submitted and/or required under the Building
Code of New York State shall include a Code Review Checklist, as applicable.
[Added 7-20-2004, effective 8-2-2004]
F.
Construction documents submitted and/or required under the Building
Code of New York State shall contain a list special inspections, as
applicable, required by the Code for the project, and a corresponding
list of inspectors qualified to do the special inspections.
[Added 7-20-2004, effective 8-2-2004]
G.
Construction documents submitted and/or required under the Building
Code of New York State shall contain Energy Code Calculations, as
applicable, required by the code.
[Added 7-20-2004, effective 8-2-2004]
H.
The application shall indicate whether the proposed work will cause
the removal of or damage to any existing trees over four inches in
diameter when measured at a point of four feet in height on the site
of work or improvement. If such removal or damage is indicated, then
the application shall include a list of all existing trees over four
inches in diameter when measured at a point of four feet in height,
with the type and dimensions of each, and replacement shall be mandated
in accordance with § 421-26A(9) of this Code.
[Added 6-19-1990, effective 7-2-1990; amended 7-20-2004, effective 8-2-2004]
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.
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.
B.
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.
(1)
The building permit may only be issued to either an appropriately
City-licensed contractor, in the case of work done by a contractor,
to an appropriately City-licensed primary contractor, in the case
of work being done on a project by two or more appropriately City-licensed
contractors, or to an owner, in the case of work being done by the
owner.
[Added 7-20-2004, effective 8-2-2004]
C.
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.
D.
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.
E.
The Commissioner may attach conditions to the issuance of the permit
to assure compliance with applicable building regulations.
F.
The Commissioner may require the approval of other departments or
agencies prior to the issuance of a building permit.
G.
No demolition permit may be issued for any premises until such premises
have been inspected by the Superintendent of Rodent Control, or his
agents, and a written report filed with the Commissioner of Inspections
and Licenses that the particular premises are free of rat infestation.
H.
Applications for demolition, partial demolitions that may affect
the exterior of the property and asbestos abatement shall be subject
to Office of Strategic Planning and Preservation Board review. The
review will require additional documentation and information to be
supplied by the applicant.
[Added 7-22-2003, effective 8-4-2003]
(1)
To facilitate public awareness, a sign shall be hung in a conspicuous
location clearly visible from the street. In the event that the building
is located on a corner or has two frontages, two signs shall be placed
in clearly visible locations on each side of the building facing the
street. The signs shall identify the building as being the subject
of a pending demolition. The signs shall identify the Office of Strategic
Planning/Preservation Board, its address and telephone number as a
source of additional information. The signs should also contain the
name and telephone number of an authorized representative of the applicant
who can provide basic information about the proposed demolition. The
signs are to be in place for a period of 10 business days.
(a)
The signs will be provided by the Commissioner of Permit and
Inspection Services in a size and format to be determined by the Commissioner.
(2)
The applicant should provide two photographs of each building located
on the parcel with the structure to be demolished, indicating the
buildings to be demolished and the assessed address of any additional
building.
(3)
The applicant should provide two photographs of buildings on each
adjacent parcel and indicate their assessed addresses.
(4)
The applicant should complete and submit Part I of the short environmental
assessment form. As part of the review by the Office of Strategic
Planning, a proposed demolition application may require the submission
of a full environmental assessment form.
(5)
The Office of Strategic Planning/Preservation Board shall consider
every application for demolition and or asbestos removal within 30
days. This applies only for those properties not under the jurisdiction
of the Buffalo Preservation Board. A longer period may apply for applications
within the jurisdiction of the Buffalo Preservation Board or if the
time is extended by court order.
(6)
The review process may be waived by the Commissioner of Permit and
Inspection Services in the event the application is for home remodeling
and or reconstruction as long as the exterior of the property is unaffected.
(7)
Except for designated landmarks or buildings within preservation
districts, single-story garages which are designed for up to three
cars and which are designed expressly for use as automobile storage
shall be exempt from the review process.
I.
No demolition permit may be issued for any premises until a sidewalk
survey inspection has been done and included as part of the demolition
permit paperwork submission. The sidewalk survey shall include a drawing
of the site and any adjacent City rights-of-way, and shall include
the address, the date, the inspector, and a verbal description and
photographs of the condition of all affected sidewalks, aprons, and
other paved flatwork on the City right-of-way adjacent to the site
or potentially affected by the project. A follow-up inspection, including
new photos, drawings, and verbal description, shall be done at the
completion of all work, and shall be compared to the results from
the initial sidewalk inspection to determine what damages, if any,
have occurred.
[Added 7-20-2004, effective 8-2-2004]
(1)
Any damage to existing sidewalks, curbs or streets caused in the
performance of demolition work shall be replaced in kind and/or repaired
in accordance with the City of Buffalo specifications on file with
the office of the Commissioner of Public Works. All remedial work
shall be done by the contractor (or owner, in the case of work done
by owner) at his own expense, bearing the cost of restoring affected
streets and curbs to a good and satisfactory condition.
A.
All work performed and all materials, parts, elements, components,
finishes, equipment and/or fixtures, assemblies and systems used under
a permit issued by the Commissioner shall conform to the application,
plans and specifications and shall be in accordance with the requirements
of the collection of codes of New York State, the requirements of
this Charter, and the requirements of any other applicable building
laws, ordinances and regulations.
[Amended 7-20-2004, effective 8-2-2004]
B.
Building permits or copies thereof shall be visibly displayed at
the work site and remain visible until the project has been completed.
[Amended 7-20-2004, effective 8-2-2004]
C.
The Commissioner shall be given at least 24 hours' notice of
the start of work under a permit by the applicant.
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.
Any permit issued shall expire if the authorized work is not commenced
within six months after issuance of the permit or if the authorized
work is suspended or abandoned for a period of six months after the
time of commencing the work. Work shall be considered to be suspended
or abandoned if it has not progressed to the extent of at least 5%
of the total construction within any one period of three consecutive
months.
F.
For good cause, the Commissioner may extend for a three-month period
an expired permit if the applicant or owner makes written request
to the Commissioner within one month after the expiration of the permit.
Subsequent extensions of three months as may be required may be processed
in a like manner.
The Commissioner may revoke a building permit theretofore issued
in any of the following instances:
A.
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.
B.
Where the Commissioner finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
C.
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.
D.
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.
[Added 7-20-2004, effective 8-2-2004]
Whenever the Commissioner has reasonable grounds to believe
that work on any building, structure, or lot 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
permit 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 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 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.
[Added 7-20-2004, effective 8-2-2004]
In the event that any work or installation requiring a permit under this or any other chapter is commenced prior to the issuance of the required permit, or if the permit is not posted in conformance with this and other section of this or any other chapter, the fees for the permit shall be double the fees stated in Chapter 175 of the Ordinances of the City of Buffalo. In addition, for residential work, there shall be a fine of $100 for each day for which the permit is not issued or displayed. For commercial work, there shall be in addition to the doubling a fine of $500 for each day for which the permit is not issued or displayed.
[Added 7-20-2004, effective 8-2-2004]
Revenues from the nonpayment of any fee, fine, or cost of service
performed by the City of Buffalo Department of Permit and Inspection
Services and related departments, such as but not limited to revenues
from ordinance violation summonses, $75 reinspection fees, board-up
costs, demolition costs, permit fees, and fines, shall be collected
as follows: such fees, fines, and services costs for a property which
are not paid by May 15 of the current tax year shall be assigned in
aggregate to the tax bill for the next tax year for such property.
A.
Workmens' compensation insurance. Prior to the issuance of any
permit under this article, 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 workmen's compensation
insurance satisfactory to the Commissioner.
B.
Disability benefits coverage. Prior to the issuance of any permit
under this article, 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.
A.
Prior to the issuance of any building permit for demolition, the
applicant shall provide proof satisfactory to the Commissioner that
a comprehensive liability policy exists which covers the demolition
work. The Commissioner shall establish minimum limits of insurance.
The Commissioner may require that the City be a named or additional
insured.
B.
The Commissioner shall require applicants for a building permit for
demolition to provide a performance bond to the City of Buffalo which
shall insure completion of the demolition work to the standards established
by the City. The value of the performance bond shall be equal to the
full demolition cost. The Commissioner may accept a letter of credit
or a certified check in substitution for the performance bond. The
Commissioner may accept such bond, letter or check from an applicant
to cover all work to be done by the contractor within a twelve-month
period. The Commissioner may waive such bond, letter or check when
there is no material need for such security.
[Amended 7-20-2004, effective 8-2-2004]
C.
Before the permit is issued, the applicant shall file evidence that
the owner or contractor is insured against public liability and property
damage in connection with such work of demolition, in the sum of at
least $2,000,000 per occurrence for public liability and $1,000,000
per occurrence for property damage.
[Amended 7-20-2004, effective 8-2-2004]
D.
In addition to the foregoing evidence of insurance, the applicant
shall, before any such permit is issued, file a bond with the City
of Buffalo guaranteeing the City against any loss or damage by reason
of such demolition work. The bond shall be in the amount of $100,000.
E.
In lieu of the bond required in Subsection D above, the applicant may file with the City a policy of public liability and property damage insurance, in which policy the City of Buffalo is named as an assured. Said policy of insurance shall protect the City against any loss or damage by reason of the work of demolition in the sum of at least $2,000,000 per occurrence for public liability and $1,000,000 per occurrence for damage to property. The aforesaid provisions regarding bond or insurance may be increased on very large or complex projects where the risk is felt to be greater by the Commissioner.
[Amended 7-20-2004, effective 8-2-2004]
F.
No bond or liability policy shall be required to be filed with the
City before the permit is issued to tear down, demolish, wreck or
dismantle, in whole or in part, any building not more than 1 1/2
stories in height and with no basement or cellar, provided that the
work is done by the individual owner of the building without assistance,
and provided that the building is not located within 10 feet of any
street line.
[Amended 7-20-2004, effective 8-2-2004]
G.
Where the owner of a building of not more than 2 1/2 stories
in height, or his agent, privately engages any person, firm or corporation
to demolish, dismantle, wreck or tear down any building in whole or
in part or to assist therein, the person, firm or corporation shall,
prior to the issuance of a permit therefor, furnish to the Commissioner
of Inspections and Licenses a copy of the contract or agreement therefor,
which contract shall clearly state the work to be performed, the total
cost thereof to the owner, the time of commencement of the work and
the date of completion thereof. The contract shall also contain a
clause providing for the rescission of the contract, at the option
of the owner, within three days of receipt of an executed copy of
the contract by the owner. No permit shall be issued to a contractor
in the absence of a written executed agreement between the owner and
the contractor.
H.
The applicant, shall before a permit is issued, provide a bond equal
to the full demolition cost, providing that the demolition work shall
be completed within 60 days (unless additional time is given by the
Commissioner in writing) from the granting of the permit; provided,
however, that this bond shall not be required for demolition work
ordered by the City of Buffalo unless the specifications upon which
bids are taken for such work require the same. Said bond shall be
further conditioned for the faithful and complete performance of the
contract for the work in strict compliance with the contract. All
other provisions of the Code of the City of Buffalo relating to demolitions,
including the provisions for various forms of insurance, shall also
be applicable in the case of an owner of a building of not more than
2 1/2 stories in height who privately engages any person, firm
or corporation to demolish, dismantle, wreck or tear down a building
or any part thereof or to assist in its demolition, dismantling, wrecking
or tearing down.
[Amended 7-20-2004, effective 8-2-2004]
A.
No building or structure of any size or character hereinafter referred
to in this section shall be erected, placed, enlarged, altered, repaired
or rebuilt until an application is filed with the Commissioner and
until two sets of plans and specifications therefor have been filed
with the Commissioner and approved by the Director of Buildings. A
permit issued by the Commissioner and an approved set of plans shall
be kept on file with the Commissioner, and one approved set shall
be kept on the job until the work is completed.
B.
Plans must be filed for any reconstruction, alteration, renovation,
repair to, or work upon any building or structure which involves changes
affecting the size, structural safety and/or public safety thereof.
Plans and specifications filed for any and all work involving structural
changes and all plans and specifications for new buildings or structures
of whatever cost (except residence buildings of gross area of 1,500
square feet or less, not including garages, carports, porches, cellars,
uninhabitable basements or uninhabitable attics) and reconstruction,
alteration, or renovation to buildings or structures where the cost
of such reconstruction, alteration, or renovation exceeds $25,000
must bear the original seal and signature of an architect or engineer
licensed to practice in the State of New York. At his discretion,
the Commissioner or his designee may require plans with an original
seal and signature regardless of the project cost in any instance
where there may be structural, engineering, or safety issues.
[Amended 7-20-2004, effective 8-2-2004]
C.
The Director of Buildings is hereby authorized to prescribe the form
and character of the plans and specifications to be filed and the
details of the materials and construction to be shown thereon.
D.
A property survey shall be required for new structures, changes of
occupancy/use, additions, enlargements, relocations, fences around
pools/ponds over two feet deep, commercial parking lots, front parking
pads, commercial driveways, dormers, porches, and decks.
[Amended 7-20-2004, effective 8-2-2004]
[Amended 7-2-2001, effective 7-2-2001; 7-20-2004, effective 8-2-2004]
A.
A fee as provided in Chapter 175, Fees, shall be collected with each application, and such fee shall not be returned to the applicant. In addition to the above application fee, the fees to be paid for the examination for plans and specifications, issuance of permit and inspection of construction, alterations or repairs shall be as provided in Chapter 175, Fees.
B.
For purposes of determining the proper fee for area-calculated fees,
the work area is the square-foot area within which the work is to
be done, as defined by the Building Code of New York State. The use
or occupancy is such legally created as use or occupancy as defined
in the Building Code of New York State, Chapter 3, Use and Occupancy
Classification.
[Amended 5-22-1995, effective 6-2-1995]
A.
The fees for demolition permits shall be a flat fee or shall be based upon the square foot of the work area(s) of demolition or removal of any building or structure. The fee shall be as provided in Chapter 175, Fees.
[Amended 7-20-2004, effective 8-2-2004]
B.
The Commissioner shall require an administrative fee for demolitions performed by or on behalf of the City to benefit a property owner. The fee shall be based upon the fair market value of the demolition or the amount charged to the City for such demolition. The fee shall be as provided in Chapter 175, Fees.
[Added 7-20-2004, effective 8-2-2004]
A.
Property records research and copying fees:
(1)
There shall be a fee charged for all copies of City documents requested by persons as part of a project or as part of research for a proposed project. Such requested copies include, but are not limited to, records copies, certified copies, certified copies of certificates, copies of licenses, and duplicates of licenses. There will be a fee charged in addition to the copies fees for research required, if any, to find and assemble the documents to be copied. Fees for property records research and copying are as provided in Chapter 175, Fees.
(2)
Separate research fees may apply for projects which involve having City staff conduct complete property records research and/or annotation, the application of which fees shall be decided at the direction of the Commissioner of the Department of Permit and Inspection Services or his designee. Such fees shall cover making uncertified or certified copies of pertinent materials requested. Certified copies will be provided upon request. Fees for complete property records research and copying are as provided in Chapter 175, Fees.
B.
Express plan review: At the direction of the Commissioner of the Department of Permit and Inspection Services or his designee, and depending upon staff availability, the Department may offer the service of express plan review for projects, for a fee. Such express review shall be accomplished after regular working hours or during weekends. Those fees shall be calculated as provided in Chapter 175, Fees.
C.
Off-hours inspections: At the direction of the Commissioner of the Department of Permit and Inspection Services or his designee, and depending upon staff availability, the Department may offer the service of off-hours inspections for projects, for a fee. Such off-hours inspections shall be accomplished after regular working hours or during weekends. Those fees shall be calculated as provided in Chapter 175, Fees.
D.
Excessive submissions of plans; re-review charge: When it becomes necessary as a function of the plan review process to review a submitted set of building, electrical, HVAC, or plumbing plans more than the initial review and one follow-up review, the applicant, at the direction of the Commissioner of the Department of Permit and Inspection Services or his designee, shall be assessed a re-review fee for each excessive plan review, which fee is in addition to regular plan review fees, as provided in Chapter 175, Fees.
