Town of Onondaga, NY Article III Building Permits and Certificates

§ 80-3 Building permits.

A. Building permits required; permits for inflatable pools.

(1) Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work that must conform to the Uniform Code and/or Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or pool or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Town. However, no building permit is required for the performance of ordinary repairs which are not structural in nature.

(2) For the purposes of this subsection, the term "commence" shall include the placement or storage of construction machinery, equipment, supplies or materials on the site, except when such placement or storage is conducted inside an approved structure.

(3) Installations of inflatable pools shall be seasonal only. The property owner must apply for a new permit for an inflatable pool each year.

B. Exemptions. No building permit shall be required for work in any of the following categories:

(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;

(2) Construction of temporary sets and scenery associated with motion picture, television, and theater uses;

(3) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(4) Installation of partitions or movable cases less than five feet nine inches in height;

(5) Painting, wallpapering, tiling, carpeting, or other similar finish work;

(6) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(7) 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

(8) Repairs, provided that the work does not have an impact on fire and life safety, such as i) any part of the structural system; ii) the required means of egress; or iii) the fire protection system or the removal from service of any part of the fire protection system for any period of time.

C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

D. Applications for building permits. Applications for a building permit shall be made, in writing, on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:

(1) A description of the location, nature, extent, scope, and valuation of the proposed work;

(2) The Tax Map number and the street address of any affected building or structure;

(3) The occupancy classification of any affected building or structure;

(4) 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;

(5) A statement that the work shall be performed in compliance with the Uniform Code, this chapter and any other applicable state and local laws, ordinances and regulations;

(6) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code;

(7) At least two sets of construction documents (drawings and/or specifications) which:

(a) Describe the location, nature, extent, materials and scope of the proposed work;

(b) Show that the proposed work will conform to the applicable provisions of the Codes;

(c) Show the location, construction, size, and character of all portions of the means of egress;

(d) Show a representation of the building thermal envelope;

(e) Show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information, including the relationship of structures on adjoining property;

(f) Show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building;

(g) Include a written statement indicating compliance with the Energy Code, and, where required by the Code Enforcement Officer, details of structure, mechanical and electrical work, including computations, stress diagrams and other essential technical data;

(h) Include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street, walk and alley grades and widths and the proposed finished grades and widths, and, as applicable, flood hazard areas, floodways, and design flood elevations;

(i) Include a lot grading plan setting forth the concept of drainage to be utilized on the lot upon which the building or structure will be constructed and showing, through the use of spot elevations and flow arrows, the manner in which surface water flow will traverse the lot and a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 249, Stormwater, Part 1, Stormwater Management, of the Code of the Town of Onondaga, shall be required for all land development activities, as that term is defined in said Part 1; and

(j) Evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional's seal which clearly and legibly shows both the design professional's name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional's registration expiration date, the design professional's firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm's certificate of authorization number, and said architect or engineer shall also provide a statement that such plans and specifications comply with the applicable provisions of the Uniform Code and local requirements of this chapter; and

(8) Such other information as may reasonably be required by the Code Enforcement Officer to establish compliance of the proposed work with the requirements of the Uniform Code, this chapter and any other applicable building laws, ordinances and regulations.

(9) Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Code Enforcement Officer.

E. Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(7) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp, or, in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, 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 be commenced until and unless a building permit is issued.

F. Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

(1) The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

(2) Upon approval of the application and upon receipt of the fees therefor, the Code Enforcement Officer shall issue a building permit to the applicant upon the form prescribed by the Code Enforcement Officer and shall affix their signature or cause their signature to be affixed thereto.

(3) Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Code Enforcement Officer, and the other set shall be returned to the applicant, together with the building permit, and shall be visibly displayed at the building site and open to inspection by the Code Enforcement Officer or his authorized representative at all reasonable times, remaining so until work has been completed.

G. Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.

H. Refusal, revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit should not be issued or was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for which a building permit would be or was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall refuse to issue the building permit, revoke the building permit or suspend the building permit, whichever is applicable, until such time as the permit holder demonstrates that i) all work to be or then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code, and ii) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. Upon the request of the applicant, the Code Enforcement Officer shall cause such refusal, revocation or suspension, together with the reasons therefor, to be transmitted to the applicant in writing.

I. Performance of work under permit.

(1) Term of permits.

(a) A building permit for a building, structure or pool, other than an inflatable pool, shall become invalid unless the authorized work is commenced within six months following the date of issuance. Such 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. The Code Enforcement Officer may allow a maximum of two extensions for periods not exceeding three months each.

(b) A building permit for an inflatable pool shall be effective for a period of 30 days from its issuance. Subject to the limitations contained in § 80-3A(3) above, the Code Enforcement Officer may allow a maximum of two extensions for periods not exceeding 30 days each.

(2) The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and this chapter. All work shall conform to the approved application plans and specifications.

(3) Every building or structure for which a building permit is issued shall be so constructed at the time of the expiration of the building permit so as to be fully enclosed with sufficient walls, roofs, foundations, flooring, doors and windows to prevent entry therein by unauthorized persons, including children. All excavations on the site of such work shall be completely backfilled at the time of such building permit expiration. Any building or structure or site which is not in compliance with the foregoing standards is hereby declared to be an unsafe building under Article IV of this chapter.

(4) Within 14 days after completion of the work or, in the event that the work is not completed, within 14 days after expiration of the building permit under § 80-3I(1), the applicant shall remove or cause to be removed from the site all construction machinery, equipment, supplies and materials or shall place them or cause them to be placed inside an approved structure. No certificate of occupancy shall be issued for any work performed by or on behalf of an applicant who has failed to comply with this requirement.

J. Fee. The fee specified in or determined in accordance with the provisions set forth in § 80-30 (Fees) of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.

§ 80-4 Construction inspections.

A. The progress of work for which a permit has been issued shall be inspected at such times and intervals as may be necessary and appropriate to determine whether the work is being performed in compliance with the approved plans and specifications, the Uniform Code and this chapter. Permitted work must remain accessible and exposed until inspected and accepted by the Code Enforcement Officer.

B. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection C of this section is ready for inspection.

C. Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

(1) Work site prior to the issuance of a building permit;

(2) Footing and foundation;

(3) Preparation for concrete slab;

(4) Framing;

(5) Structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building;

(6) Fire-resistant construction;

(7) Fire-resistant penetrations;

(8) Solid fuel burning heating appliances, chimneys, flues, or gas vents;

(9) Inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls;

(10) Installation, connection, and assembly of factory-manufactured buildings and manufactured homes; and

(11) A final inspection after all work authorized by the building permit has been completed.

D. Remote inspections. At the discretion of the Code Enforcement Officer or inspector authorized to perform construction inspections, a remote inspection may be performed in lieu of an in-person inspection when, in the opinion of the Code Enforcement Officer or such authorized inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or by such authorized inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the Code Enforcement Officer or such authorized inspector sufficient information to make a determination, an in-person inspection shall be performed.

E. Complaints asserting that certain conditions or activities fail to comply with the Uniform Code or with local laws, ordinances or regulations adopted for the administration and enforcement of the Uniform Code shall be directed to the Code Enforcement Officer. When deemed appropriate by the Code Enforcement Officer, such complaints will result in an inspection of the conditions and/or activities alleged to be in violation of the aforementioned Code or the local laws, ordinances and/or regulations.

F. Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to the manner in which the work fails to comply with the Uniform Code or Energy Code, including a citation to the specific code provision or provisions that have not been met. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

G. Fee. The fee specified in or determined in accordance with the provisions set forth in § 80-30 (Fees) of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 80-5 Stop-work orders.

A. Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:

(1) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

(2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

(3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.

B. Content of stop-work orders. Stop-work orders shall:

(1) Be in writing;

(2) Be dated and signed by the Code Enforcement Officer;

(3) State the reason or reasons for issuance; and

(4) If applicable, state the conditions which must be satisfied before work will be permitted to resume.

C. Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

D. Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder, and any other person performing, taking part in, or assisting in the work shall immediately cease all work which is the subject of the stop-work order, other than work expressly authorized by the Code Enforcement Officer to correct the reason for issuing the stop-work order.

E. Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 80-26 (Violations) of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 80-6 Right of entry.

Any building official, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour. In the event that the building official is denied or refused access, he may make application to the court for a search warrant.

§ 80-7 Certificates of occupancy and certificates of compliance.

A. Certificates of occupancy and certificates of compliance required.

(1) No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall be issued by the Code Enforcement Officer.

(2) 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.

(3) A certificate of occupancy or 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.

B. Application for a certificate of occupancy or certificate of compliance. The owner or his agent shall make application to the Code Enforcement Officer for a certificate of occupancy or a certificate of compliance. Accompanying this application and before the issuance of a certificate of occupancy or a certificate of compliance, there shall be filed with the Code Enforcement Officer an affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintendent the work for which the certificate of occupancy or a certificate of compliance is sought. The affidavit shall state the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought and that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and this chapter governing building construction, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.

C. Issuance of certificates of occupancy and certificates of compliance. The Code Enforcement Officer shall issue a certificate of occupancy or certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure, or work prior to the issuance of a certificate of occupancy or certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy or certificate of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy or certificate of compliance:

(1) A written statement of structural observations and/or a final report of special inspections;

(2) Flood hazard certifications;

(3) A written statement of the results of tests performed to show compliance with the Energy Code; and

(4) Where applicable, the affixation of the appropriate seals, insignias, and manufacturer's data plates as required for factory-manufactured buildings and/or manufactured homes.

D. Issuance and revocation of certificates.

(1) When, after final inspection, it is found that the proposed work has been completed in accordance with the Uniform Code and this chapter and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Code Enforcement Officer shall issue a certificate of occupancy or certificate of compliance upon the form provided by them. If it is found that the proposed work has not been properly completed, the Code Enforcement Officer shall refuse to issue a certificate of occupancy or certificate of compliance and shall order the work completed in conformity with the building permit and in conformity with the Uniform Code and this chapter.

(2) A certificate of occupancy or certificate of compliance shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application, and the building or portion thereof may thereafter be occupied as though a certificate of occupancy or certificate of compliance has been issued.

(3) The certificate of occupancy or the certificate of compliance shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the Uniform Code and this chapter and shall specify the use or uses and the extent thereof to which the building or structure or it several parts may be put. In addition, the 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 building permit, if any;

(c) The name (if any), address and Tax Map number of the property;

(d) If the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued;

(e) The use and occupancy classification of the structure;

(f) The type of construction of the structure;

(g) The occupant load of the assembly areas in the structure, if any;

(h) If the 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 Code Enforcement Officer issuing the certificate of occupancy or certificate of compliance and the date of issuance.

E. Temporary certificate of occupancy. The Code Enforcement Officer shall be permitted to issue a temporary certificate of occupancy allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate of occupancy unless the Code Enforcement Officer determines i) that the building or structure, or the portion thereof covered by the temporary certificate of occupancy, may be occupied safely, ii) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms, are installed and operational, and iii) that all required means of egress from the structure have been provided. The Code Enforcement Officer may include in a temporary certificate of occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A temporary certificate of occupancy shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate of occupancy. During the specified period of effectiveness of the temporary certificate of occupancy, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.

F. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy, Certification of Compliance, or a temporary certificate of occupancy was issued in error or on the basis of incorrect information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.

G. Fee. The fee specified in or determined in accordance with the provisions set forth in § 80-30 (Fees) of this chapter must be paid at the time of submission of an application for a certificate of occupancy, certificate of compliance, or for temporary certificate of occupancy.