[Added 7-20-2004, effective 8-2-2004]
The following words and terms shall, for the purposes of City building permits and building permit fees, have the meanings shown herein:
ACCESSIBILITY Pertaining to or having to do with handicap access.
APPLICATION FEE 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.
APPURTENANCE 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.
ASSEMBLY A. 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.
B. 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.
BUILDING CODE A. 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:
(2) ENERGY CODEThe Energy Conservation Construction Code of New York State (ECCCNYS).
(8) RESIDENTIAL CODEThe Residential Code of New York State (RCNYS), for one- and two-family dwellings.
B. 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:
(3) LIFE SAFETY CODEThe National Fire Protection Association Standards NFPA 101-00 and NFPA 102-95.
BUILDING PERMIT 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:
A. Asbestos abatement permit;
BUILDING PERMIT FEE 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:
A. Asbestos abatement permit fee;
F. Fuel devices permit fee; and
BUILDING PERMIT PROCESS 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.
CLASSIFICATION OF WORK 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.)
A. ADDITION- Any enlargement of the floor area, volume, or covered area of an existing building or structure.
B. 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.
C. 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.
D. NEW CONSTRUCTION- The construction of any new, stand-alone building or structure or addition to an existing building or structure.
E. 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.
F. 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.
G. 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.
COMMERCIAL 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.
COMMON AREA 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.
CONVEYANCE 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.
CURRENT LEGAL USE(S) 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.
EQUIPMENT OR FIXTURE 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.
FACTORY-CERTIFIED SERVICE TECHNICIAN 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.
FRONT PARKING PAD 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.
GENERAL CONSTRUCTION All construction work of any type which is not mechanical, plumbing, process piping, heating/ventilating/air conditioning, electrical, elevator, or demolition work.
LICENSED CONTRACTOR 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:
H. Home improvement contractor;
I. Light commercial contractor;
K. Specialty contractor; and
LICENSED CONTRACTOR 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:
A. Fire alarm and security installer.
LINE VOLTAGE The voltage of any electrical system operating at 100 volts or more.
LOW VOLTAGE The voltage of any electrical system operating at less than 100 volts.
MAINTENANCE PERSONNEL For a commercial building, one of the following categories:
A. 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.
B. 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.
OCCUPANCY 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/OCCUPANT Owner of a residential property which same person occupies as his/her primary or secondary residence.
PATIO 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.")
POND 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.)
REHABILITATION 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.
REPLACEMENT DOORS 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.
REPLACEMENT IN-KIND 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).
REPLACEMENT WINDOWS 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.
RESIDENTIAL One- and two-family dwellings and their accessory buildings, structures and lots.
SIDEWALK 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.")
SITE 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).
SWIMMING POOLS 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."
SYSTEM All the materials, parts, elements, components, and assemblies which comprise an integrated installation and perform a specific function or service.
TERRACE 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.")
UNDERWRITERS' LABORATORY (U/L) 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.
USE PERMIT 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.
UTILITY/MISCELLANEOUS BUILDINGS AND STRUCTURES 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.
WALKWAY On private property: a paved pathway, at grade for pedestrians, whether level or sloped. "Walkway" does not include any accessible ramp. (See "sidewalk.")
WORK AREA A. 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.
B. 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.
YARD, SIDE STREET SIDE 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;
(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;
(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;
(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;
(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:
(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:
(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:
(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;
(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;
(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:
(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:
(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;
(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;
(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:
(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:
(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.
D. All other general construction work requires a building permit and the payment of building permit fees. See Flat Fee and Area-Calculated Fee Schedules.
[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 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.
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.
[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.
C. Any individual, corporation or other entity that performs a demolition without first obtaining the proper permit will be assessed a fine in the amount of $1,500, as outlined in Chapter
175, Fees.
[Added 2-22-2005, effective 3-7-2005]
[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.