[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]
[1]
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 I, Building Permit Fees, adopted 5-22-1984, which consisted of § 51-1, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art.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 II, Building Permits, adopted 9-25-1989 by L.L. No. 1-89, which consisted of §§ 51-2 through 51-7, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art.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.
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:[1]
(1)
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);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
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;
(4)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(10)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(11)
Replacement of any equipment provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications;
(12)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system;
(d)
The removal from service of all or part of a fire protection
system for any period of time.
B.
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:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications)
that define the scope of the proposed work.
C.
Construction documents. Construction documents shall not be accepted
as part of an application for a building permit unless such documents:
(1)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(2)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(3)
Substantiate that the proposed work will comply with the Uniform
Code and the State Energy Conservation Construction Code.
(4)
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.
D.
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.
E.
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.[2]
F.
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.[3]
G.
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.
H.
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.
A.
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.[1]
B.
Elements of construction to be inspected. Provisions shall be made
for inspection of the following elements of the construction process,
where applicable:
(1)
Work site prior to the issuance of a permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy code compliance; and
(10)
A final inspection after all work authorized by the building permit
has been completed.
C.
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.
A.
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.
B.
Pre-issuance inspection and final report.
(1)
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.
(2)
A certificate
of occupancy or certificate of compliance shall contain the following
information:
(a)
The building permit number, if any;
(b)
The date of issuance of the permit, if any;
(c)
The name, address and Tax Map number of the property;
(d)
If the certificate is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
is issued;
(e)
The use and occupancy classification of the structure;
(f)
The type of construction of the structure;
(g)
The assembly occupant load of the structure, if any;
(h)
If an automatic sprinkler system is provided, a notation as
to whether the sprinkler system is required;
(i)
Any special conditions imposed in connection with the issuance
of the building permit; and
(j)
The signature of the official issuing the certificate and the
date of issuance.
C.
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.
D.
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.
A.
Uses requiring operating permits. Operating permits shall be required
for conducting the activities or using the categories of buildings
listed below:
(1)
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);
(2)
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;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more; and
B.
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.
C.
Inspection of premises. An inspection of the premises shall be conducted
prior to the issuance of an operating permit.
D.
Single permits for multiple activities. A single operating permit
may apply to more than one hazardous activity.
E.
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.
F.
Permit revocation. Where activities do not comply with applicable
provisions of the Uniform Code, an operating permit shall be revoked
or suspended.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
