City of Amsterdam, NY Administration and Enforcement

The Supervisor of Code Enforcement shall appoint the Building Inspector(s), Housing Inspector(s) and Plumbing Inspector(s) or any such Code inspector, who shall serve under the direction of the Supervisor of Code Enforcement. The inspector or inspector(s) of building, housing and plumbing whose duties, in addition to those prescribed by law, Charter or required by the Division, shall be to inspect or assist to inspect all buildings, building work, structures in the process of construction, alteration or repair for compliance to this chapter, in the City of Amsterdam, New York, and to report the results of those inspections to the Supervisor of Code Enforcement.

[Amended 2-2-2010 by L.L. No. 1-2010]

The Supervisor of Code Enforcement shall appoint an inspector from within the Division to act as the Zoning Officer, who shall then be charged with the administration and enforcement of all provisions of the Zoning Law[2] of the City of Amsterdam, New York, except where otherwise specifically provided therein. The Zoning Officer shall attend Zoning Board and Planning Commission meetings and provide technical assistance.

[Amended 2-2-2010 by L.L. No. 1-2010]

[2]

Editor's Note: See Ch. 250, Zoning.

In addition to all other authority conferred by law and within this chapter, and any other regulation, the inspector(s) shall have the following powers and duties with respect to this chapter:

Require the removal of illegal, unlawful or unsafe conditions and secure the necessary safeguards during construction. Orders unsafe conditions in existing structures to be removed and arrange for condemnation notices to owners and to builders of improper or hazardous structures and forward a report to the Fire Chief of any unsafe buildings which are found within the limits of the City of Amsterdam for condemnation and removal of said building and any persons as per local law.

Explain the requirements of the local building code, local zoning ordinances and other applicable laws to developers, building contractors, officials and to the general public.

The inspector(s) shall have the right to examine, inspect, investigate or cause to be examined and inspected any building or premises at a reasonable time for the purpose of carrying out their duties and to determine compliance with the provisions of this chapter.

Issuance of building permits. It shall be the duty of the Supervisor of Code Enforcement or the duly authorized inspector of the Division to review, check and pass on plans and specifications submitted with building permit applications for compliance with the Uniform Code, the Zoning Law and applicable laws prior to issuing permits.

[Amended 2-2-2010 by L.L. No. 1-2010]

(e)

Complaints: responsibility for review, registration and investigation of all bona fide residential, commercial, building construction, Energy Code, Zoning Law and property maintenance complaints that allege or assert the existence of conditions or activities that fail to comply with the Uniform Code; responsibility to perform an inspection of the conditions and/or activities alleged to be in violation and documenting the results of such inspection. If a violation is found to exist, provide the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation. If a violation is abated or corrected, perform an inspection to ensure that the violation has been abated or corrected. Prepare a final written report reflecting such abatement or correction, and file such report with the complaint. Otherwise assist the Corporation Counsel's Office in prosecuting violations of this section, if compliance has not been met.

(f)

Work closely with the Fire Division within the Amsterdam Fire Department.

§ 90-5 Permit required; application procedure.

No individual, corporation or firm shall start the erection, construction, enlargement, replacement, movement, removal, demolition, conversion, use, repair, equipment, occupancy or change in the nature of any occupancy or change a building or structure that must conform to the Uniform Code to be done without first obtaining a building permit from the Division for each such building or structure or any appurtenances connected or attached to such buildings or structures.

Application for a building permit shall be made to the Division on forms provided by the Division. The applicant will be required to give dimensions of the lot, the street and the ward location, statement of the use and occupancy anticipated, estimated duration of the construction, the valuation of the proposed work, the name and address of the owner or officers of the firm or corporation, a complete set of plans and specifications in double and any other required information necessary to substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code and ordinances or rules established by the duly authorized inspector of the Division. Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code.

Application shall be made by the owner, lessee, architect, engineer or contractor employed in connection with the proposed work.

Plans and specifications shall include a plot plan drawn to scale, Tax Map number, location of all utilities connected therewith and a description of the proposed work. Distances from lot lines, indication of structures and adjoining properties, finished grades, elevations, and location of streets, alleys and sidewalks, etc. shall be included. Drawings shall include floor plans, facilities, sections and other details as may be required and indicate with sufficient clarity and detail the nature and extent of the proposed work, including mechanical equipment, plumbing, electrical work, design of building envelopes, fire protection systems and any hazardous storage, if applicable. Plans and specifications shall bear the signature of the person responsible for the design and/or drawings.

Where the State Education Law requires the seal of the registered architect or licensed professional engineer, the Division shall require such seal on the drawings and specifications before they are submitted for approval.

Where the applicant requests approval of plans and specifications which comes under the jurisdiction of the State Labor Department, these plans must first be filed and approved by the State Labor Department before they can be received for consideration by the Division.

Amendments or revisions to plans and specifications may be made if such amendments are filed and approved prior to the completion of the work subject to the approval of the Division. The Division shall not approve plans which fail to comply with the Zoning Ordinance of the City of Amsterdam.[1]

[1]

Editor's Note: See Ch. 250, Zoning.

An exemption from the requirement to obtain a permit shall not be deemed an authorization for work to be performed in violation of the 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 80 square feet (7.43 square meters);

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 above ground;

(4)

Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;

(5)

Construction of temporary motion picture, television and theater stage sets and scenery;

(6)

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

(7)

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

(8)

Painting, wall papering, tiling, carpeting or other similar finish work;

(9)

Installation of listed portable electrical equipment or appliances;

(10)

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.

§ 90-6 Examination of application; approval or disapproval.

Upon completion of the appropriate application form and submittal of the necessary plans and specifications, the duly authorized inspector of the Division shall examine or cause to be examined all plans, specifications, permits and other documents filed therewith. He or she shall approve or disapprove the applications within a reasonable time. Upon approval of the application and receipt of the legal fees thereof, he or she shall issue a building permit to the applicant upon the form prescribed by the City and he or she shall affix his signature or cause his or her signature to be affixed thereto.

Upon approval of the application, both sets of plans and specifications shall be endorsed with the words: "Approved, Inspector, Amsterdam, New York." One set of plans and specifications shall be retained in the files of the Division and the other set shall be returned to the applicant, together with the building permit placard. The plans shall be kept at the building site open to inspection by the duly authorized inspector at all reasonable times. The permit placard shall be placed in the center of the front window on the lowest floor of which adjoins the street.

If the application, together with the plans and specifications and other required documents filed, does not conform to all requirements of the applicable Building Code regulations and zoning requirements, the Division shall disapprove the same and shall return said plans and specifications to the applicant. Upon request of the applicant within five calendar days, the Division shall cause such refusal, together with the reasons for the same, to be transmitted to the applicant in writing.

§ 90-7 Conditions of issuance.

A building permit shall not be issued unless public water supply and public sewerage are available to the lot where the erection of a building is proposed.

§ 90-8 Duration of permit; renewal.

Any building permit shall be valid to authorize the beginning of work in accordance with the application and the approved plans and specifications on which it is based for a period of 12 months after the date of its issuance. For good cause and special circumstances, the duly authorized inspector, upon the City receiving the renewal fee, may grant one three-month extension of this permit.

Any demolition permit shall be valid to authorize the beginning of work in accordance with this chapter, application and the approved plans and specifications on which it is based for a period of 60 days after the date of its issuance. For good cause and special circumstances, the duly authorized inspector, upon the City receiving the renewal fee, may grant a thirty-day extension of this permit.

Renewal fees will be set by resolution titled "Schedule of Fees," and set by the Common Council, and forwarded to the Division.

§ 90-9 Compliance required.

The issuance of a building permit constitutes authority to the applicant to proceed with the work, but only in accordance with the approved plans, specifications and construction documents submitted and accepted as part of the application in accordance with all applicable building laws, codes and regulations and Zoning ordinances. Any change to be made to the building shall first be made in writing to the Division and approved by the duly authorized inspector.

§ 90-10 Construction inspections.

Permitted work shall be required to remain accessible and exposed until inspected and accepted by the Division. Permit holders are required to notify the inspector at least 48 hours prior to when construction work is ready for inspection as set forth in this article.

Provisions shall be made for inspection of the following elements of construction process, where applicable:

Work site prior to the issuance of a permit;

Footing and foundation;

Preparation for concrete slab;

(4)

Framing;

(5)

Building systems, including underground and rough-in;

(6)

Fire-resistant construction;

(7)

Fire-resistant penetrations;

(8)

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.

After inspection, the work or a portion thereof shall be noted as satisfactory as completed by the duly authorized inspector, 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 the Code provisions shall be required to remain exposed until it has been brought into compliance with the code, been reinspected by the Division, and been found satisfactory as completed.

§ 90-11 Fees and charges; estimates.

An approved permit for construction shall not be issued to the applicant until a fee based on the following has been paid to the City of Amsterdam:

Permit fees will be set by the Common Council by resolution titled "Schedule of Fees," and forwarded to the Division.

Permits will be required for all work under the jurisdiction of the Division. Cost of the construction of a building shall be secured from the architect, engineer or contractor in charge of the work. Applicant for the permit shall present bid sheets, proposal sheets or contract documents to substantiate the building cost. If no bona fide certificate of cost by the above methods is available, then the Division will establish the cost by using a square-foot, cubic-foot or by an acceptable estimate method, whichever will produce a fair price for the project. In case of a dispute, the Division is empowered to employ the services of an architect, engineer or contractor to make an estimate of said cost, at the applicant's expense.

The cost of a building shall include the general construction, plumbing, mechanical equipment, electrical work and fire protection equipment but shall not include the cost of land, landscaping, sidewalks, driveways, appliances, etc.

Permits required for mechanical, underground tanks, plumbing, electrical and sprinklers or other separate contracts included or not included in the architect's or general contractor's estimate shall be paid for by each of the various separate contractors doing work in accordance with the Schedule of Fees set forth by resolution and by the Common Council.

No fee will be required for permits issued for work performed on behalf of the City of Amsterdam on municipally owned buildings, structures or other property.

§ 90-12 Grounds for revocation; stop-work orders.

The Division may revoke a building permit issued in the following instances:

If they find that any permits have been issued in error and are not in accordance with the applicable law.

If they find a false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

If they find work is being performed without first obtaining a required permit.

(4)

If they find work performed or to be performed is determined to be contrary to provisions of the Uniform Code, application, plans or specifications, or the building regulations or zoning laws.

(5)

Where the person to whom the building permit is issued fails or refuses to comply with a stop-work order issued by the Division.

Wherever the Division or the duly authorized inspector has reasonable grounds to believe that the work on any building or structure is being constructed in violation of the provisions of any of the applicable building laws, ordinances or zoning regulations, or are not in conformity with the plans and specifications on which the permit was based or the construction is being done in an unsafe and dangerous manner, he shall notify the owner of the property and/or building, or the owner's agent or the contractor or the person performing the work, to suspend all operations. All building activities shall cease until the stop-work order has been rescinded by the duly authorized inspector. The Division or the duly authorized inspector shall follow up with the reason for the issuance and the conditions, which must be satisfied before work will be permitted to resume. Prior work before the issuance of a stop-work order shall not resume until the owner and/or his representative is notified in writing by the Division that the stop-work order has been rescinded.

§ 90-13 Appeals.

Whenever the Division rejects any plan or specifications for the erection or alteration of any building or structure, or where he or she claims that plans violate part or parts of the Uniform Code or the Zoning Ordinance or any other building regulations or where he or she disallows a permit because in his or her interpretation of this chapter a violation will result, then the owner or applicant may appeal as follows:

An appeal involving a question under the Uniform Code shall be taken within six days from the date of the decision of the Division to the New York State Building Code, Board of Review. A copy of such notice of appeal shall be filed with the Division at that same time.

An appeal involving a question which pertains to the zoning or local building regulations of the City shall be taken within six days from the date of decision of the Zoning Officer to the Zoning Board of Appeals of the City of Amsterdam, in accordance with the provisions of the Zoning Ordinance of the City of Amsterdam.

If the decision of the reviewing Board is favorable to the applicant, the Division shall issue a building permit in accordance therewith. If the decision of the reviewing board is not favorable to the applicant, compliance shall be met forthwith.

§ 90-14 Certificates of compliance; certificates of occupancy.

No building hereinafter erected shall be occupied or used in whole or in part until completed in accordance with the plans and specifications filed with the building permit application and the Division has issued a certificate of occupancy or temporary certificate of occupancy. A certification 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.

[Amended 2-2-2010 by L.L. No. 1-2010]

It is the Division's duty to make an examination and inspection of the building in question during the work in progress and, at its completion, so as to be satisfied that the work has been done in a safe manner and in conformity with the plans and specifications submitted and accepted as part of the application.

No building hereinafter altered, extended, enlarged, conversion from one use or occupancy classification or subclassification to another or worked upon requiring the issuance of a building permit where the alterations, extensions, enlargement, conversion from one use or occupancy classification or subclassification to another or work shall be of such a nature as to constitute, before its completion, a hazardous condition which shall endanger the lives or persons of the occupants, shall be used or occupied until the Division has issued a certificate of compliance.

When the final inspection has been made and the Division is satisfied that the work has been completed in accordance with the Uniform Code, local laws and all applicable standards, then he or she shall issue an Official City of Amsterdam certificate of occupancy within 10 days of such application. This official certificate shall be dated; give the building permit number; give the date of issuance of the permit; 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 required; any special conditions imposed in connection with the issuance of the building permit; the signature of the official issuing the certificate and the date of issuance and certify that the work has been done in conformity with the applicable Uniform Code, the State Energy Conservation Construction Code and local regulations.

Where the Division has reasonable doubt as to the safety of the structure or part or equipment, or any premises thereof, then he/she may require that the same be subjected to reasonable tests or investigation to make sure of the structural safety or compliance with the Uniform Code. He or she may require documentary proof of strength of certain materials or require the registered architect or professional engineer in charge of the job to provide affidavits concerning the workmanship or materials or design of any or all parts of the building. No certificate shall be issued until all work is in conformity.

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 temporary certificate of occupancy may be issued when temporary occupancy of a building is requested before all of the work covered by the building permit has been completed.

[Added 2-2-2010 by L.L. No. 1-2010]

A temporary certificate may be issued, provided the following conditions are met:

The building or portion thereof that is sought to be occupied or used is near substantial compliance with applicable regulations.

The building and proposed use is in compliance with the Zoning Code[1] and any applicable variances.

[1]

Editor's Note: See Ch. 250, Zoning.

Any work required to bring the building or site into substantial compliance is not essential to making the building or site usable.

Temporary occupancy would not endanger life or the public health or welfare; specifically, all fire safety codes must be in compliance.

Contents of temporary certificate of occupancy. In addition to the contents required for a certificate of occupancy, a temporary certificate of occupancy shall state:

The location and extent of occupancy to be permitted.

Specific work remaining to correct all violations or remaining work.

The date by which remaining work shall be completed.