§ 56-10Purpose.
§ 56-11Definitions.
§ 56-12Building permits.
§ 56-13Fees.
§ 56-14Inspections; right of entry.
§ 56-15Stop-work orders.
§ 56-16Certificates of occupancy.
This Article shall provide the method for administration and enforcement of the building construction provisions of the New York State Uniform Fire Prevention and Building Code in the Village of Washingtonville and further establishes powers, duties and responsibilities in connection therewith.
The words and phrases used in this Article shall have the meanings established in the New York State Uniform Fire Prevention and Building Code.
Permit required. No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement or demolition of any building or structure or any portion thereof; or install any solid-fuel burning heating apparatus, chimney or flue in any dwelling unit; or change the nature of the occupancy of any building or structure; or begin site preparation, excavation or filling; or cause the same to be done without first obtaining a separate building permit from the Code Enforcement Officer for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature and do not include the installation or extension of any electrical systems or fire protection features.
Application for permit. Application for a building permit shall be made to the Code Enforcement Officer on forms provided by him and shall contain the following information:
The signature of the applicant or authorized agent.
A description of the land on which the proposed work is to be done.
A statement of the use or occupancy of all parts of the land and of the building or structure.
The estimated cost of the proposed work with appropriate substantiation.
The full name and address of the owner and of the applicant and the names and addresses of their responsible officers, if any of them are corporations.
A brief description of the nature of the proposed work.
A statement that the work will be performed in compliance with the New York State Uniform Fire Prevention and Building Code and other applicable state and local laws and regulations.
Plans and specifications. Each application for a building permit shall be accompanied by two complete sets of plans and specifications, including a plot plan, drawn to scale and showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Code Enforcement Officer or the Fire Marshal, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings and shall be in compliance with the requirements of the New York State Education Law for submission of plans.
Amendments. The applicant shall notify the Code Enforcement Officer, in writing, of any changes in the information contained in the application during the period for which the permit is in effect. Such changes will not be begun until approved by the Code Enforcement Officer and/or Fire Marshal.
Issuance of building permit.
The Code Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve in whole or in part or reject the application within a reasonable time.
The Code Enforcement Officer shall submit one copy of all applications for a building permit for commercial construction, except for minor alterations, along with all plans, specifications and documents filed therewith, to the Fire Marshal for his review.
Upon approval of the application and upon receipt of the legal fees therefor, the Code Enforcement Officer shall issue or cause to be issued a building permit to the applicant upon the appropriate forms and shall affix his signature thereto. The authority conferred by such permit may be limited by conditions, if any, contained therein.
Display of permit. A building permit issued pursuant to this section shall be prominently displayed on the property or premises to which it pertains during the entire course of construction activity.
Duration of permit. A building permit issued pursuant to this section shall expire 12 months from the date of issuance or upon the issuance of a certificate of occupancy, other than a temporary certificate of occupancy, whichever occurs first. The permit may, upon written application, be renewed for a six-month period, provided that:
Revocation of building permit. A building permit issued pursuant to this section may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the New York State Uniform Fire Prevention and Building Code, this chapter or any condition attached to such permit or if there has been misrepresentation or falsification of a material fact in connection with the application for the permit.
Fees to cover the cost of inspections and administration provided for in this Article shall be established by resolution of the Board of Trustees.
Work for which a building permit has been issued under this chapter shall be inspected for approval prior to enclosing or covering any portion thereof and upon each stage of construction, including but not limited to foundation; structural elements; electrical, plumbing, heating, ventilation and air-conditioning systems; fire protection and detection systems; and exit features. It shall be the responsibility of the owner, applicant or his agent to timely and reasonably inform the appropriate inspector at least 24 hours in advance that the work is ready for inspection and to schedule such inspection.
Any code enforcement official is authorized to conduct inspections required by Subsection A herein of premises or parts of premises at such times and in such manner as such official may find convenient or necessary, with the consent of the person in possession or occupancy.
If admission is refused or cannot be obtained from the person in possession or occupancy, the Code Enforcement Officer is authorized to obtain a warrant to make an inspection, provided that reasonable or probable cause is shown.
Whenever any authorized code enforcement official has reasonable grounds to believe that work on any building or structure is proceeding without a building permit or is otherwise in violation of provisions of any applicable laws, codes, rules or regulations or not in conformity with the provisions of an application, plans or specification on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such person shall forthwith stop such work and suspend all building activities until the stop-work order has been rescinded. Such stop-work order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same to the person, firm or corporation by certified mail, return receipt requested.
Certificate of occupancy required.
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Code Enforcement Officer.
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Code Enforcement Officer.
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Code Enforcement Officer.
The owner or his agent shall make application for a certificate of occupancy.
Inspection prior to issuance of certificate. Before issuing a certificate of occupancy, the Code Enforcement Officer shall inspect, cause to be inspected or receive reports of inspection of all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy. He shall accept and rely upon inspection reports from officers or employees of the village so assigned by the Board of Trustees. He may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained in the Building Department a record of all such examinations and inspections, together with a record of findings of violations of the law.
Affidavit of final cost. No certificate of occupancy shall be issued until the applicant submits an affidavit of the actual cost of the work performed with appropriate substantiation and payment of any unpaid fees attributable to the estimate of cost for the building permit.
Tests. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the New York State Uniform Fire Prevention and Building Code and other applicable building laws or regulations, the Code Enforcement Officer may require the same to be subjected to tests in order to furnish proof of such compliance.
All fees, reimbursement of all expenses, charges, assessments and taxes, including but not limited to recreation fees, water or sewer tap-in fees, planning and zoning fees and improvement and inspection fees due and owing to the village, must be paid prior to the issuance of a certificate of occupancy.
