[HISTORY: Adopted by the Town Board of the Town of LeRoy as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-26-2006 by L.L. No. 3-2006]
Editor's Note: Former Art. I, Building Permit Fees, adopted 5-22-1984, which consisted of § 51-1, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Former Art. II, Building Permits, adopted 9-25-1989 by L.L. No. 1-89, which consisted of §§ 51-2 through 51-7, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A building permit shall be required for all work which must conform to the New York State Uniform Fire Prevention and Building Code (Uniform Code). The following categories of work shall be excluded from the requirement for a building permit:
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 (13.38 m2);
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
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 aboveground;
Installation of fences which are not part of an enclosure surrounding a swimming pool;
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
Construction of temporary motion picture, television and theater stage sets and scenery;
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
Installation of partitions or movable cases less than five feet nine inches in height;
Painting, wallpapering, tiling, carpeting, or other similar finish work;
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications;
Repairs, provided that such repairs do not involve:
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
The enlargement, alteration, replacement or relocation of any building system;
The removal from service of all or part of a fire protection system for any period of time.
Building permit application. An application for a building permit shall request sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code and shall require submission of the following information and documentation:
A description of the proposed work;
The Tax Map number and the street address;
The occupancy classification of any affected building or structure;
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
At least two sets of construction documents (drawings and/or specifications) that define the scope of the proposed work.
Construction documents. Construction documents shall not be accepted as part of an application for a building permit unless such documents:
Are prepared by a New York 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 Uniform Code and the State Energy Conservation Construction Code.
Where applicable, include a site plan that shows any existing and proposed structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the structures and the lot lines.
Receipt and examination of applications. Applications for a building permit or for an amendment thereto shall be examined to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code. Provisions shall be made for construction documents accepted as part of a permit application to be so marked in writing or by stamp. One set of accepted construction documents shall be retained by the government or agency charged with or accountable for administration and enforcement of the code. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement official.
Contents of building permits. Such permit shall, among other things, briefly describe the premises, the nature of the improvement, the estimated cost and the intended use or purpose to be made of the improvement and premises. It shall bear the date of issuance and be signed by the official issuing the same. Any such permit issued by the Board of Appeals shall be approved by a majority of the members thereof and attested by the Clerk of said Board. The original application and a duplicate copy of the plans, specifications and permit issued shall be filed immediately in the office of the Code Enforcement Officer. No building, land or premises shall be used for any purpose other than that stated in the permit. A building permit shall contain a statement directing that all work shall be performed in accordance with the construction documents submitted and accepted as part of the application. In addition, a permit shall include the directive that the government or agency responsible for enforcement of the code shall be notified immediately in the event of changes occurring during construction.
Building permit expiration. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
Building permits issued in error. When a building permit has been issued in error because of incorrect, inaccurate or incomplete information, or the work for which the permit was issued violates the Uniform Code, such permit shall be revoked or suspended until such time as the permit holder demonstrates that all work completed and all work proposed shall be in compliance with applicable provisions of the code.
Display requirement for building permits. Building permits shall be required to be visibly displayed at the work site and to remain visible until the project has been completed.
Accessibility of permitted work. Accessibility of permitted work. Permitted work shall be required to remain accessible and exposed until inspected and accepted by the Code Enforcement Officer. Permit holders shall be required to notify the Code Enforcement Officer when construction work is ready for inspection.
Elements of construction to be inspected. Provisions shall be made for inspection of the following elements of the construction process, where applicable:
Work site prior to the issuance of a permit;
Footing and foundation;
Preparation for concrete slab;
Building systems, including underground and rough-in;
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
Energy code compliance; and
A final inspection after all work authorized by the building permit has been completed.
Results of inspection. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code. Construction work not in compliance with code provisions shall be required to remain exposed until it has been brought into compliance with the code, been reinspected, and been found satisfactory as completed.
Stop-work orders shall be used to halt work that is determined to be contrary to provisions of the Uniform Code, or is being conducted in a dangerous or unsafe manner, or is being performed without obtaining a required permit. A stop-work order shall state the reason for its issuance and the conditions which must be satisfied before work will be permitted to resume.
Certificates required. A certificate of occupancy or a certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy or a certificate of compliance.
Pre-issuance inspection and final report.
Issuance of a certificate of occupancy or a certificate of compliance shall be preceded by an inspection of the building, structure or work. Where applicable, a written statement of structural observations and/or a final report of special inspections, prepared in accordance with the provisions of the Uniform Code, must be received prior to the issuance of the certificate. Also, where applicable, flood hazard certifications, prepared in accordance with the provisions of the Uniform Code must be received prior to the issuance of the certificate.
A certificate of occupancy or certificate of compliance shall contain the following information:
The building permit number, if any;
The date of issuance of the permit, if any;
The name, address and Tax Map number of the property;
If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate is issued;
The use and occupancy classification of the structure;
The type of construction of the structure;
The assembly occupant load of the structure, if any;
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
Any special conditions imposed in connection with the issuance of the building permit; and
The signature of the official issuing the certificate and the date of issuance.
Temporary occupancy. A certificate allowing temporary occupancy of a structure may not be issued prior to the completion of the work which is the subject of a building permit unless the structure or portions thereof may be occupied safely, any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and all required means of egress from the structure have been provided. The effectiveness of a temporary certificate shall be limited to a specified period of time during which the permit holder shall undertake to bring the structure into full compliance with applicable provisions of the Uniform Code.
Certificates issued in error. A certificate of occupancy or certificate of compliance issued in error or on the basis of incorrect information shall be suspended or revoked if the relevant deficiencies are not corrected within a specified period of time.
The chief of any fire department providing firefighting services for a property shall notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.
The Code Enforcement Officer shall exercise his full authority in the enforcement of Chapter 53, Buildings, Unsafe.
Uses requiring operating permits. Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), of the Fire Code of New York State (see 19 NYCRR Part 1225);
Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;
Use of pyrotechnic devices in assembly occupancies;
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
Operating permits required. Parties who propose to undertake the types of activities or operate the type of buildings listed in Subsection A shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required.
Inspection of premises. An inspection of the premises shall be conducted prior to the issuance of an operating permit.
Single permits for multiple activities. A single operating permit may apply to more than one hazardous activity.
Effective time. Operating permits may remain in effect until reissued, renewed or revoked or may be issued for a specified period of time consistent with local conditions.
Permit revocation. Where activities do not comply with applicable provisions of the Uniform Code, an operating permit shall be revoked or suspended.
The Code Enforcement Officer shall make firesafety and property maintenance inspections of buildings which contain an area of public assembly at intervals not to exceed one year.
The Code Enforcement Officer shall make firesafety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at intervals consistent with local conditions, but in no event shall such intervals exceed one year for dormitory buildings and three years for all other buildings.
The Code Enforcement Officer shall make available at the office of the Town Clerk a form for the filing of reports to be signed by citizens which assert that conditions or activities fail to comply with the Uniform Code or with any other local laws, rules or regulations. Said form shall contain the name of the person making the complaint and his or her address and telephone number, the address of the property where it is asserted that there is a violation, the time and date of the violation, a concise statement of the asserted violation and an area for the signature of the person making the complaint.
The Town Clerk shall time stamp all such written complaints and file them with the Code Enforcement Officer. The Code Enforcement Officer shall within five business days of said filing with him or her investigate the complaint, and if a violation exists or existed, take action consistent with this article or such other local law, rule or regulation which may have been violated.
The Code Enforcement Officer shall maintain a record book of all reports received, the time and date there, the time and date of his or her inspection or investigation of the report and the action taken. The Code Enforcement Officer shall report at least quarterly or more often, at his or her discretion, to the Town Board regarding his or her activities.
The Code Enforcement Officer is hereby authorized to appear before a Town Justice, county judge or other judge or justice for the purpose of obtaining a search warrant for the premises he or she believes to be in violation of the Uniform Code, local law, rule or regulation.