[Ord. No. 74, 5-7-2008]
(a)
(1)
With the exception of those items in Subsection (2) herein, no person shall commence work to construct, enlarge, improve, remove, relocate, demolish, remove, make repairs or alterations costing $500 or more to any building or portion thereof, or install a solid fuel heating appliance, chimney or flue in any dwelling unit, without first obtaining a building permit from the Commissioner. A building permit shall be required for any work which must conform to the NYS Uniform Code and/or Energy Code, and shall include, but not be limited to those projects as described within this subsection, and said permit is required prior to the commencement of any such work.
(2)
Exemptions. No building permit shall be required for work in
any of the following categories:
a.
Construction or installation of one-story detached structures
associated with one- or two-family dwellings or multiple single-family
dwellings (townhouses) which are used for tool and storage sheds,
playhouses or similar uses, provided the gross floor area does not
exceed 144 square feet (13.88 square meters), notwithstanding provisions
of the Zoning Code of Ordinances;
b.
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
c.
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
d.
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
e.
Construction of retaining walls unless such walls support a
surcharge or impound Class I, II or IIIA liquids;
f.
Construction of temporary motion picture, television and theater
stage sets and scenery;
g.
Installation of window awnings supported by an exterior wall
of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
h.
Installation of partitions or movable cases less than five feet
nine inches in height;
i.
Painting, wallpapering, tiling, carpeting or other similar finish
work;
j.
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
k.
Replacement of any equipment provided the replacement does not
alter the equipment's listing or render it inconsistent with the equipment's
original specifications; or
l.
Repairs, provided that such repairs do not involve:
1.
The removal or cutting away of a load bearing wall, partition,
or portion thereof, or of any structural beam or load bearing component;
2.
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
3.
The enlargement, alteration, replacement or relocation of any
building system; or
4.
The removal from service of all or part of a fire protection
system for any period of time.
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The exemption from the requirement to obtain a building permit
for work in any category set forth in this subsection shall not be
deemed an authorization for work to be performed in violation of the
NYS Uniform Code or Energy Code.
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(b)
Application for building permit. The application shall be made by
the owner, agent, architect, engineer or builder employed in connection
with the proposed work. Where the application is made by a person
other than the owner, it shall be accompanied by an affidavit of the
owner that the proposed work is authorized by the owner and the applicant
is authorized to make the application. Application for a building
permit shall be made to the Commissioner in writing on forms provided
by the Commissioner or otherwise approved by the Commissioner, shall
be signed by the owner of the property where the work is to be performed
or an authorized agent of the owner and shall contain, or be accompanied
by, at a minimum the following information:
(1)
A description of the land and structure or building on which
the proposed work is to be performed, as well as a complete description
of the proposed work to be performed. The description of the subject
property shall include the tax map number, street address of the premises
and the occupancy classification of any affected building or structure;
(2)
Where applicable, a statement of special inspections prepared
in accordance with the provisions of the NYS Uniform Code;
(3)
The valuation of the proposed work;
(4)
The full name and address of the owner and the applicant and
the names and addresses of their responsible officers, if any are
corporations, and the name and address of the owner's authorized agent,
if any;
(5)
At least two sets of construction documents (drawings and/or
specifications) which define the scope of the proposed work; are prepared
and signed by a state-registered architect or licensed professional
engineer where so required by the education law; indicate with sufficient
clarity and detail the nature and extent of the work proposed; substantiate
that the proposed work will comply with the NYS Uniform Code and Energy
Code; and where applicable, include a site plan drawn to scale that
shows any existing and proposed buildings and structures on the site,
the location of any existing or proposed well or septic system, the
location of the intended work, widths and grades of adjoining streets,
walks and alleys; and the distances between the buildings and structures
and lot lines.
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Construction documents will not be accepted as part of an application
for a building permit unless they satisfy the requirements set forth
within this subsection. Construction documents which are accepted
as part of the application for a building permit shall be marked as
accepted by the Commissioner in writing or by stamp. One set of the
accepted construction documents shall be retained by the Commissioner,
and one set of the accepted construction documents shall be returned
to the applicant to be kept at the work site so as to be available
for use by the code enforcement personnel. However, the return of
a set of accepted construction documents to the applicant shall not
be construed as authorization to commence work, nor as an indication
that a building permit will be issued. Work shall not commence unless
and until a building permit is issued.
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(6)
A statement that the applicant consents to permit the Commissioner, Building Inspector and employees of the Department to enter upon the premises in the manner prescribed in Section 2-6-8. Where the application is made by a person other than the owner, the affidavit required herein, shall contain a statement that the owner authorizes the applicant to consent to permit the Commissioner, Building Inspector or employee of the Department to enter upon the premises in the manner prescribed in Section 2-6-7(f).
(7)
Such other information as may be reasonably be required by the
Commissioner to establish compliance of the proposed work with the
requirements of this chapter.
[Ord. No. 74, 5-7-2008]
The Commissioner shall require the presentation of deeds to
property upon which it is proposed to erect, alter or repair any buildings,
that the Commissioner may ascertain what legal restrictions, if any,
may be included in the granting of title to the property. In the issuance
of permits for the erection, alteration or repair, the Commissioner
shall observe and honor all such legal restrictions.
[Ord. No. 74, 5-7-2008; Ord. No. 27, 2-18-2009]
(a)
Combined residential and nonresidential use. The fee for a building
occupied in part for residential use and in part for nonresidential
use shall be the sum of the two fees for certificates of occupancy
calculated separately.
(1)
Building permits. The fees for building permits shall be as
follows. These fees include all required and necessary construction
inspection(s) for any alteration, new construction or repair work
for which a building permit was issued:
[Amended 4-17-2013 by Ord. No. 87]
a.
New one-, two- or three-family residence. The fee for a new
one-, two-or multi-family residential structure shall be as follows:
1.
Up to 1,000 square feet: $250.
2.
Over 1,000 square feet and up to 2,000 square feet: $350.
3.
Over 2,000 square feet: $450.
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Floor area shall be based upon outside dimensions of the building.
Total floor area shall include all habitable space of all floors and
shall also include the floor area of an attached or detached garage.
Total floor area shall not include a carport, nonhabitable cellar
or basement and nonhabitable attic.
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b.
New commercial, industrial and multifamily (residential units with
four or more units). The fees for structures in this category shall
be as follows:
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Square Feet
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Fee
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|---|---|---|
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Up to 50,000, per square foot
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$0.20
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50,001 to 100,000, per square foot
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$0.15
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Over 100,000, per square foot
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$0.10
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c.
Miscellaneous structures. There shall be a base fee of $250
for any miscellaneous structure not previously covered by this section,
plus an additional $10 per thousand-dollar value of total verified
construction cost.
d.
Repairs, alterations and additions. The fee for repairs, alterations
and additions shall be based upon the valuation of the work to be
performed. The valuation shall include all work such as general construction,
plumbing, heating, air conditioning, electrical and similar mechanical
installations, etc. The valuation shall not include such items as
landscaping, furnishings and appliances. The fees shall include repairs
and alterations to residential and nonresidential buildings, additions
of less than 1,000 square feet to one- and two-family residences,
additions of less than 30,000 cubic feet to multiple residence structures
and additions of less than 10,000 cubic feet to nonresidential buildings
and shall be based on the following valuations:
1.
Repairs and alteration costing under $1,000 in the scenic and
historic district: no charge.
2.
Repairs and alterations costing under $1,000 in any other district:
no permit necessary.
3.
Additions costing under $1,000: fee is $50.
4.
Repairs, and alterations, costing $1,000 up to $10,000: fee
is $150.
5.
For each additional $1,000 over $10,000: fee is $7.
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For additions greater than the area or volume stated in this
schedule, refer to Subsection (1)a, b, or c to determine the required
fee.
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(2)
Demolition permits. Permits for the demolition of all buildings
and structures all be based upon the square foot area at ground level,
excluding porches or similar nonhabitable spaces, and shall be as
follows:
[Amended 4-17-2013 by Ord. No. 87]
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Residential
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Commercial
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|---|---|---|---|---|
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a
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Up to 500 square feet
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$35
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$100
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b.
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Over 500 square feet and up to 1,500 square feet
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$50
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$250
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c.
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Over 1,500 square feet
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$100
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$500
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(3)
Certificates of occupancy. There shall be no fee required for
a certificate of occupancy for a new building. The fee for a certificate
of occupancy for an existing building shall be as follows:
a.
Residential buildings. The fee for a residential building shall
be as follows:
[Amended 4-17-2013 by Ord. No. 87]
(b)
Combined residential and nonresidential use. The fee for a building
occupied in part for residential use and in part for nonresidential
use shall be the sum of the two fees for certificates of occupancy
calculated separately.
(c)
Refund for disapproval. If an application for a building permit is
not approved, the applicant shall be entitled to a refund of 50% of
the fee paid, provided no work has commenced. If work has been started
and the application is not approved, the fee paid shall not be refunded.
(d)
New permit for suspended or abandoned work. If the building or work
authorized by permit is suspended or abandoned at any time after the
work is commenced, a new permit shall first be obtained to resume
work, and the fee for the permit shall be 1/2 the amount required
for a new permit.
(e)
Exemptions. The City, the county, the state and the United States
of America shall be exempted from the paying of any fee for any building
permit, demolition permit or certificate of occupancy.
[Ord. No. 74, 5-7-2008]
(a)
The Commissioner shall examine or cause to be examined each application
for a permit and the plans, specifications and documents filed with
the application. The Commissioner shall approve or disapprove the
application within 60 days from the date of submission of the application.
(b)
Upon approval of the application and receipt of the fees, the Commissioner
shall issue a building permit to the applicant. All permits shall
be signed by the Commissioner.
(c)
Upon approval of the application, both sets of plans and specifications
shall be endorsed with the word "approved." One set of the approved
plans and specifications shall be retained in the files of the Department
and the other set shall be returned to the applicant together with
the building permit. The approved plans and specifications shall be
kept by the applicant at the building site, open for inspection by
the Commissioner at all reasonable times.
(d)
If the application, plans, specifications or other documents describe
proposed work which does not conform to the requirements of this chapter,
the Commissioner shall disapprove the application, and shall return
the plans and specifications to the applicant. Upon the request of
the applicant, the Commissioner shall transmit the refusal, together
with the reasons for the refusal, to the applicant in writing.
[Ord. No. 74, 5-7-2008]
(a)
Generally. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
(b)
Specific permits. The following building permits issued pursuant
to this article shall expire on the date set forth below or upon issuance
of a certificate of occupancy (other than a temporary certificate
of occupancy) whichever occurs first:
(1)
A permit issued pursuant to Section 2-6-53(a)(1)a, new one- or two-family residence, shall expire six months from the date of its issuance and may be renewed for not more than two successive three-month periods.
(2)
A permit issued pursuant to Section 2-6-53(a)(1)b, new multiple resident structure, shall expire one year from the date of its issuance, and may be renewed for not more than two successive six-month periods.
(3)
A permit issued pursuant to Section 2-6-53(a)(1)c, new nonresidential building, shall expire one year from the date of its issuance and may be renewed for not more than two successive six-month periods.
(4)
A permit issued pursuant to Section 2-6-53(a)(1)d, repairs, alterations and additions, shall expire six months from the date of its issuance, and may be renewed for not more than two successive three-month periods.
(5)
A permit issued pursuant to Section 2-6-53(a)(2), demolition permits, shall expire three months from the date of its issuance, and may be renewed for not more than two successive one-month periods.
(c)
Renewal. Permits may be renewed as provided above only upon written
application and providing that:
(1)
The permit has not expired, been revoked or suspended at the
time the application for renewal is made.
(2)
The relevant information on the application is up to date and
there is no significant change in the scope of work and the renewal
fee is paid.
(3)
The renewal fee shall be 1/2 of the amount of the fee required
for the original permit for each period of renewal.
(d)
Display. A building permit shall be prominently displayed on the
job site at all times during the progress of the work so as to be
readily seen from the adjacent thoroughfares.
[Ord. No. 74, 5-7-2008]
(a)
The Commissioner may revoke or suspend a building permit in the following
instances where the Commissioner finds that:
(1)
There has been any false statement or misrepresentation as to
a material fact in the application, plans or specifications on which
the building permit was based.
(2)
The permit was issued in error and should not have been issued
in accordance with the applicable law.
(3)
The work allowed under the permit is not being performed in
accordance with the provisions of the application, plans or specifications.
(4)
The work for which the permit was issued violates the Uniform
Code or the Energy Code.
(5)
The person to whom a building permit has been issued fails or
refuses to comply with a stop order issued by the Commissioner.
(b)
If the Commissioner revokes or suspends a building permit as a result
of the work to be performed violating the Uniform Code or the Energy
Code, it shall remain revoked or suspended until such time as the
permit holder demonstrates all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
