Town of Milo, NY
Yates County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
Any owner who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the Energy Code, Multiple Residence Law and/or Uniform Code, or to cause any such work to be done, shall first make an application for a building permit to the Code Enforcement Officer and obtain such permit.
B. 
Permits for buildings and/or structures not on improved mapped streets. No building permit for the erection of any building and/or structure shall be issued pursuant to this chapter unless the proposed action complies with § 280-a of the Town Law of NYS as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes.
C. 
Previous approvals. This chapter shall not require changes in the submittal documents, described work or designated occupancy of a structure for which a building permit has been issued or otherwise lawfully authorized, and the work of which has been pursued in good faith and has not been abandoned.
The categories of work that are exempt from the requirement of a building permit are prescribed in Part 1203 of 19 NYCRR as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes. Exemptions from building permits shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the Energy Code, Multiple Residence Law and/or Uniform Code.
Except as otherwise prescribed by law, a building permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of a public utility company or utility company.
The application for a building permit shall be submitted within a reasonable amount of time but no greater than five business days to the Code Enforcement Officer for any work that must be performed in an emergency.
To obtain a building permit, the owner shall first file an application therefor in writing on a form furnished by the Code Enforcement Officer for that purpose. Such application shall contain the information and documentation prescribed in Part 1203 of 19 NYCRR as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes and any other information and documentation deemed necessary by the Code Enforcement Officer.
A. 
The Code Enforcement Officer shall examine an application for a building permit and any amendments thereto within a reasonable time after filing. If such application does not conform to the requirements of the Energy Code, Multiple Residence Law and/or Uniform Code, the Code Enforcement Officer shall reject such application in writing, stating the reasons therefor. If the Code Enforcement Officer is satisfied that the application conforms to the requirements of the Energy Code, Multiple Residence Law and/or Uniform Code, the Code Enforcement Officer shall issue a building permit therefor as soon as practicable.
B. 
Third-party agency/inspector. The Code Enforcement Officer has the right to have a third-party agency/inspector examine an application for a building permit and any amendments thereto to ensure compliance with the Energy Code, Multiple Residence Law and/or Uniform Code.
C. 
Code of the Town of Milo. A building permit shall not be issued unless the work conforms to the Code of the Town of Milo such as but not limited to the Zoning Law.
D. 
Multiple permits for the same location. When more than one building permit is required for the same location, the Code Enforcement Officer is authorized to consolidate such permits into a single building permit if each provision is listed in such permit.
E. 
Phased approval. The Code Enforcement Officer is authorized to issue a building permit for work of part of a structure, system or use before the submittal documents for the whole structure, system or use have been submitted, if adequate information and detailed statements have been filed complying with pertinent requirements of the Energy Code, Multiple Residence Law and/or Uniform Code. The owner granted a phased approval of a structure, system or use shall proceed at his or her own risk without assurance that a building permit for the entire structure, system or use will be granted.
F. 
Time limitation of application. An application for a building permit shall be deemed to have been abandoned six months after the date of filing unless such application has been pursued in good faith, a building permit has been issued or when such action is requested by the owner. However, the Code Enforcement Officer is authorized to grant one or more extensions of time for additional periods not exceeding six months each. The extension shall be requested by the owner in writing and justifiable cause demonstrated.
The Code Enforcement Officer may include in a building permit such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Energy Code, Multiple Residence Law and/or Uniform Code as well as the Code of the Town of Milo.
The issuance or granting of a building permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the Energy Code, Multiple Residence Law and/or Uniform Code as well as any applicable provisions of the Code of the Town of Milo. A building permit presuming to give authority to violate or cancel such provisions shall not be valid. The issuance of a building permit based on construction documents and other data shall not prevent the Code Enforcement Officer from requiring the correction of errors in the construction documents and other data. The Code Enforcement Officer is also authorized to prevent occupancy or use of a structure where it is in violation of the Energy Code, Multiple Residence Law and/or Uniform Code as well as the Code of the Town of Milo. Lastly, the issuance of a building permit shall represent the issuance of a floodplain development permit as prescribed in the Flood Damage Prevention Law[1] a steep slopes permit as prescribed in the Steep Slopes Law[2] as well as a certificate of zoning compliance as prescribed in the Zoning Law.[3]
[1]
Editor's Note: See Ch. 204, Flood Damage Prevention.
[2]
Editor's Note: See Ch. 287, Steep Slopes.
[3]
Editor's Note: See Ch. 350, Zoning.
A. 
A building permit shall expire one year after the date of issuance. The Code Enforcement Officer is authorized to grant, in writing, one or more extensions of time, for periods not more than one year each. The extension shall be requested in writing by the owner and justifiable cause demonstrated.
B. 
Maximum extension. The Code Enforcement Officer shall not extend any building permit beyond four years of the original issuance date of such permit regardless if justifiable cause is demonstrated.
The Code Enforcement Officer is authorized to revoke a building permit issued under the provisions of this chapter when it is found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application or construction documents on which the building permit or approval was based including, but not limited to, any one of the following:
A. 
The building permit is used for a lot of record or establishment other than that for which it was issued.
B. 
The building permit is used for a condition or activity other than that listed in the building permit.
C. 
Conditions and limitations set forth in the building permit have been violated.
D. 
There have been any false statements or misrepresentations as to the material fact in the application for building permit or the submittal documents.
E. 
The building permit is used by a different person than the name for which it was issued.
F. 
The owner failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this chapter within the time provided therein.
G. 
The building permit was issued in error or in violation of this chapter or any applicable provision of the Energy Code, Multiple Residence Law, Uniform Code and/or the Code of the Town of Milo.
The building permit or a copy shall be kept on the site of the work until the authorized work has been completed.
A. 
Submittal documents consisting of construction documents, statement of special inspections, shop drawings and/or other data shall be submitted in two or more sets with each application for a building permit. Where special conditions exist, the Code Enforcement Officer is authorized to require additional submittal documents (e.g., FEMA Elevation Certificate) and may require that such documents be prepared by a land surveyor and/or registered design professional.
B. 
Exception(s):
(1) 
The Code Enforcement Officer is authorized to waive the submission of submittal documents and other data if it is found that the nature of the work applied for is such that review of submittal documents is not necessary to obtain compliance with the Energy Code, Multiple Residence Law and/or Uniform Code.
Construction documents shall be in accordance with:
A. 
Registered design professional.
(1) 
General. Construction documents shall be prepared, signed and sealed by a registered design professional where so required by § 7307 of the Education Law of NYS and Part 1203 of 19 NYCRR as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes. Exception(s):
(a) 
Construction documents shall be prepared, signed and sealed by a registered design professional for the construction of a single unit dwelling except for prefabricated building components/elements/systems of a manufactured home that bears the insignia of approval from HUD or a factory manufactured home that bears the insignia of approval from NYSDOS.
(b) 
Construction documents shall be prepared, signed and sealed by a registered design professional when required by the Code Enforcement Officer.
B. 
Information on construction documents. Construction documents shall be drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Code Enforcement Officer. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the applicable provisions of the Energy Code Multiple Residence Law and/or Uniform Code, as determined by the Code Enforcement Officer.
C. 
Specific information on construction documents.
(1) 
Energy Code. Unless computer generated software (e.g., COMcheck or REScheck) is utilized to document compliance with the Energy Code, construction documents shall be submitted to indicate conformance with all applicable provisions of the Energy Code.
(2) 
Fire suppression system. Shop drawings for fire suppression system(s) shall be submitted to indicate conformance to the Uniform Code and such drawings shall be accepted by the Code Enforcement Officer prior to the start of such system's installation. Such drawings shall be prepared, signed and sealed by a professional engineer as mandated by NYSED, Office of the Professions since the design of fire suppression systems is an engineering practice. Shop drawings shall contain all information as required by the referenced installation standards in the Uniform Code.
(3) 
Flood hazard documentation. When a floodplain development permit is mandated by the Flood Damage Prevention Law,[1] the construction documents submitted with the application for a building permit shall include a FEMA Elevation Certificate or other approved document that provides evidence that the proposed work complies with such law as well as any applicable provision of the Uniform Code as it pertains to flood resistant construction. Such document shall be prepared, signed and sealed by a land surveyor or registered design professional.
[1]
Editor's Note: See Ch. 204, Flood Damage Prevention.
A site plan shall be submitted with the application for a building permit showing the size and location of new construction and existing structures on the site and distances from lot lines. The Code Enforcement Officer is authorized to waive or modify the requirement for a site plan where the application for building permit is for alteration or repair work or where otherwise warranted.
The Code Enforcement Officer shall examine the submittal documents and ascertain whether the work indicated and described is in accordance with the requirements of the Energy Code, Multiple Residence Law and/or Uniform Code. Exception(s):
A. 
Building sewer. The AHJ designated by the Sewers Law[1] shall review and approve the submittal documents as it pertains to the building sewer from a building's foundation wall to the public sewer main.
[1]
Editor's Note: See Ch. 279, Sewers.
B. 
Electrical work. All electrical work, whether aboveground or underground, illustrated on the submittal documents shall be reviewed and approved by a third-party agency/inspector.
C. 
On-site wastewater treatment system. The AHJ designated by the Wastewater Management Law[2] of the Town shall review and approve the submittal documents as it pertains to an on-site wastewater treatment system and its associated appurtenances from a building's foundation wall to such system.
[2]
Editor's Note: See Ch. 331, Wastewater Management.
D. 
Private well. The AHJ designated by Subpart 5-1, Standards for Water Wells, of Title 10 of NYCRR shall review and approve the submittal documents as it pertains to a private water well from a building's foundation wall to a water well.
E. 
Third-party agency/inspector. The Code Enforcement Officer has the right to have a third-party agency/inspector examine submittal documents and any amendments thereto to ensure compliance with the Energy Code, Multiple Residence Law and/or Uniform Code.
F. 
Water service. The AHJ designated by the Water Law[3] of the Town shall review and approve the submittal documents as it pertains to the water service from the interior location of the water meter and its associated cross control device to the public water main.
[3]
Editor's Note: See Ch. 336, Water.
Submittal documents are accepted with the intent that such documents comply with the applicable provisions of the Energy Code, Multiple Residence Law and/or Uniform Code. Acceptance by the Code Enforcement Officer shall not relieve the owner of the responsibility of compliance with such provisions. Upon acceptance of the submittal documents by the Code Enforcement Officer, such documents shall be endorsed in writing or by stamp with the word "accepted."
Work shall be completed in accordance with the accepted submittal documents. Any changes made during such work that are not in compliance with such documents shall require an amended set of submittal documents to be submitted and accepted by the Code Enforcement Officer. However, such officer is authorized to waive or modify the requirement for an amended set of submittal documents when the changed work is de minimis in nature or when such action is otherwise warranted.
One set of accepted submittal documents shall be retained by the Code Enforcement Officer as required by law.
A. 
Construction or work for which a building permit is required shall be subject to inspection by the Code Enforcement Officer and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval because of an inspection shall not be construed to be an approval of a violation of the provisions of the Energy Code, Multiple Residence Law and/or Uniform Code. Inspections presuming to give authority to violate or cancel the provisions of the Energy Code, Multiple Residence Law and/or Uniform Code shall not be valid. It shall be the duty of the owner or owner's agent to schedule any required inspection(s) and cause the work to remain accessible and exposed for inspection purposes. Neither the Code Enforcement Officer nor the Town shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
B. 
Third-party agency/inspector. The Code Enforcement Officer has the right to have a third-party agency/inspector inspect any work for which a building permit is required to ensure compliance with the Energy Code, Multiple Residence Law and/or Uniform Code.
A. 
Before issuing a building permit, the Code Enforcement Officer is authorized but not required to examine buildings, structures and/or lots of record for which an application for a building permit has been filed.
B. 
Building evaluation. The Code Enforcement Officer is authorized to require an existing building to be investigated and evaluated by a registered design professional. Such professional shall notify the Code Enforcement Officer if any potential nonconformance with the provisions of the Energy Code, Multiple Residence Law and/or Uniform Code is identified.
The following elements of the work that is the subject of a building permit shall be inspected, upon notification, where applicable:
A. 
Preparations for footings and foundations.
B. 
Preparations for concrete slabs.
C. 
Building systems, which shall include aboveground and underground work. Exception(s):
(1) 
Building sewer. The AHJ designated by the Sewers Law[1] shall approve and inspect the building sewer from a building's foundation wall to the public sewer main.
[1]
Editor's Note: See Ch. 279, Sewers.
(2) 
Electrical work. All electrical work, whether aboveground or underground, shall be approved and inspected by a third-party agency/inspector.
(3) 
On-site wastewater treatment system. The AHJ designated by the Wastewater Management Law[2] of the Town shall approve and inspect an on-site wastewater treatment system and its associated appurtenances from a building's foundation wall to such system.
[2]
Editor's Note: See Ch. 331, Wastewater Management.
(4) 
Private well. The AHJ designated by Subpart 5-1, Standards for Water Wells, of Title 10 of NYCRR shall approve and inspect private water wells from a building's foundation wall to a water well.
(5) 
Water service. The AHJ designated by the Water Law[3] of the Town shall approve and inspect the water service from the interior location of the water meter and its associated cross control device to the public water main.
[3]
Editor's Note: See Ch. 336, Water.
D. 
Energy Code compliance.
E. 
Fire- and/or smoke-resistant construction.
F. 
Fire- and/or smoke-resistant penetrations.
G. 
Framing.
H. 
Solid fuel burning heating appliances, chimneys, flues or gas vents.
I. 
Special inspections if mandated by the Energy Code, Multiple Residence Law and/or the Uniform Code.
J. 
Other inspections of any work deemed necessary by the Code Enforcement Officer or a third-party agency/inspector to ascertain compliance with the Energy Code, Multiple Residence Law and/or Uniform Code.
K. 
A final inspection after all work authorized by the building permit has been completed and the following documents have been submitted to the Code Enforcement Officer, if applicable:
(1) 
Certificate of final completion. A certificate of final completion or other approved document that provides evidence that the proposed work complies with any applicable provision of the Energy Code, Multiple Residence Law and/or Uniform Code. Such certificate shall be signed by the owner, contractor and registered design professional, which the latter professional is only required if the construction documents were required to be prepared, signed and sealed by such professional pursuant to this chapter.
(2) 
Flood hazard documentation. When a floodplain development permit is mandated by the Flood Damage Prevention Law[4] a FEMA Elevation Certificate or other approved document that provides evidence that the completed work complies with such law and any applicable provision of the Uniform Code as it pertains to flood resistant construction.
[4]
Editor's Note: See Ch. 204, Flood Damage Prevention.
(3) 
Private on-site wastewater treatment system. A copy of an approval and/or other approved form of documentation issued pursuant to law as it pertains to the design and installation of a private on-site wastewater treatment system.
(4) 
Private water well. A copy of the NYSDEC water well completion report if a new private water well was installed.
(5) 
Report(s) or other approved form of documentation for work inspected by a third-party agency/inspector.
It shall be the duty of the owner or owner's agent to notify the Code Enforcement Officer or a third-party agency/inspector when elements of the work that is the subject of a building permit are ready for inspection. It shall be the duty of the owner or owner's agent to provide safe access to and means for inspection of such elements. The Code Enforcement Officer nor the Town shall be held responsible for the failure of the owner or owner's agent to schedule the required inspections.
The Code Enforcement Officer may accept construction photographs that provides evidence that elements of the work, which is the subject of a building permit, are in compliance with the Energy Code, Multiple Residence Law and/or Uniform Code when such officer is not available to perform the required inspections and/or when the work cannot be delayed due to an emergency or threat to health, life and safety. However, such photographs shall not be accepted as a substitute for a final inspection as prescribed in this chapter.
A. 
Elements of the work that are the subject of a building permit shall not be completed beyond the point indicated in each successive inspection without first obtaining the approval of the Code Enforcement Officer or a third-party agency/inspector. Such officer or agency shall indicate that such element is satisfactory as completed, or notify the owner or owner's agent wherein the same fails to comply with the Energy Code, Multiple Residence Law and/or Uniform Code. Any element of the work that does not comply shall be corrected and such element shall not be covered or concealed until authorized by the Code Enforcement Officer or a third-party agency/inspector.
B. 
Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building, premises and/or structure subject to inspection, the Code Enforcement Officer or a third-party agency/inspector is authorized to require the owner or owner's agent to provide, without charge to the Town, a technical opinion and report. The opinion and report shall be prepared by a registered design professional, laboratory or fire safety specialty organization acceptable to the Code Enforcement Officer or a third-party agency/inspector. The Code Enforcement Officer or a third-party agency/inspector is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
C. 
Used equipment, fixtures and/or materials. The use of used equipment, fixtures and/or materials which meet the requirements of the Energy Code, Multiple Residence Law and/or Uniform Code for new equipment, fixtures and/or materials is permitted. Used equipment, fixtures and/or materials shall not be reused unless approved by the Code Enforcement Officer or a third-party agency/inspector.
The registered design professional whose seal and signature appear on the construction documents or his/her designated representative shall be responsible for making periodic visits to the project site to familiarize himself/herself with the progress and quality of the work and to determine, in general, if the work is proceeding in accordance with the accepted construction documents. Such professional shall not be required to make exhaustive or continuous on-site inspections to check the work. The registered design professional shall not be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work, nor shall be/she be held responsible for the contractor's failure to carry out the work in accordance with the accepted construction documents. Lastly, upon completion of the work, the registered design professional shall file a certificate of final completion with the Code Enforcement Officer stating that, to the best of his/her knowledge, the work has been completed in accordance with the accepted construction documents.
No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the Code Enforcement Officer has issued a certificate of completion and/or occupancy or a temporary certificate of completion and/or occupancy as provided herein. Issuance of such certificate shall not be construed as an approval of a violation of the Energy Code, Multiple Residence Law and/or Uniform Code or any applicable provision of the Code of the Town. It shall be the duty of the owner or owner's agent to ensure that all work is in compliance with all applicable provisions of the Energy Code, Multiple Residence Law and/or the Uniform Code as well as to request a certificate of completion and/or occupancy or a temporary certificate of completion and/or occupancy. The Code Enforcement Officer nor the Town shall be held responsible for the failure of the owner or owner's agent to request such certificates. Exception(s):
A. 
A certificate of completion and/or occupancy is not required for work exempt from the requirement for a building permit as prescribed in this chapter.
Upon inspection of the work that is the subject of a building permit and such inspections do not visually observe any violations of the provisions of the Energy Code, Multiple Residence Law and/or Uniform Code, the Code Enforcement Officer shall issue a certificate of completion and/or occupancy that shall contain the following information:
A. 
The building permit number.
B. 
The address of the lot of record.
C. 
The name of the owner.
D. 
A description of the work that is the subject of a building permit and for which the certificate is issued.
E. 
The name and signature of the Code Enforcement Officer.
F. 
The use and occupancy as prescribed in the Uniform Code.
G. 
The type of construction as prescribed in the Uniform Code.
H. 
The design occupant load for any assembly occupancy.
I. 
If an automatic sprinkler system is provided and whether such system is required by the Uniform Code.
J. 
If a fire detection system is provided and whether such system is required by the Uniform Code.
K. 
The edition of the Energy Code, Multiple Residence Law and/or Uniform Code under which the building permit was issued.
L. 
Any stipulations and/or conditions deemed necessary by the Code Enforcement Officer.
A. 
If one or more required inspections have not been conducted, the Code Enforcement Officer is authorized to issue a certificate of completion and/or occupancy upon receipt of all the following certifications:
(1) 
Certification from a registered design professional. Certification from a registered design professional that the work that is the subject of a building permit visually appears to have been completed in accordance with the acceptable construction practices and/or the accepted submittal documents, and satisfy applicable provisions of the Energy Code, Multiple Residence Law and/or Uniform Code.
(2) 
Flood hazard documentation. When a floodplain development permit is mandated by the Flood Damage Prevention Law, a FEMA Elevation Certificate or other approved document that provides evidence that the completed work complies with such law and any applicable provision of the Uniform Code as it pertains to flood resistant construction.
B. 
Such certificate of completion and/or occupancy shall recite that it has been issued solely upon the basis of certifications from a third-party agency/inspector and/or registered design professional, and not based on any inspection by the Code Enforcement Officer nor any other employee of the Town. The Code Enforcement Officer nor the Town of Milo shall be held liable for any errors, and omissions directly related to such certifications.
A. 
The Code Enforcement Officer is authorized but not required to issue a temporary certificate of completion and/or occupancy before the completion of all work that is the subject of a building permit, if such portion(s) shall be occupied safely and that all proposed and/or required fire detection and/or fire protection systems have been installed.
B. 
Time limit of certificate. A temporary certificate of completion and/or occupancy shall be effective for a period of time as determined by the Code Enforcement Officer and specified in such certificate. During the specified period of effectiveness of the temporary certificate of completion and/or occupancy, the owner shall undertake to complete all work in compliance with all applicable provisions of the Energy Code, Multiple Residence Law and/or Uniform Code. Lastly, the owner is responsible to secure a certificate of completion and/or occupancy prior to expiration of the specified period of effectiveness of the temporary certificate of completion and/or occupancy.
The Code Enforcement Officer may include in a certificate of completion and/or occupancy or temporary certificate of completion and/or occupancy such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Energy Code, Multiple Residence Law and/or Uniform Code as well as the Code of the Town of Milo.
The Code Enforcement Officer is authorized to, in writing, suspend or revoke a certificate of completion and/or occupancy or temporary certificate of completion and/or occupancy issued under the provisions of this chapter wherever such certificate is issued in error, or based on incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of the Energy Code, Multiple Residence Law and/or Uniform Code as well as the Code of the Town of Milo.