City of Schenectady, NY
Schenectady 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
[Amended 1-3-1983 by Ord. No. 82-109]
No person shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure or in preparation for construction any excavation which will change the natural drainage courses or watercourses or the removal of any topsoil, trees or groves or the alteration of any similar irreplaceable assets of the proposed site of construction or cause the same to be done without first obtaining a separate building permit from the Building Inspector for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature as determined by the Building Inspector.
[Added 3-25-2013 by Ord. No. 2013-11]
No person shall commence the erection, construction, or enlargement of a fence, as defined in § 264-2 of this Code, without first obtaining a separate building permit from the Building Inspector. All fences must conform to the regulations set forth in Chapter 264 of this Code. Fees for permits which are issued subject to this section shall be set from time to time by resolution.
[Added 2-19-1974 by Res. No. 10653]
A. 
The Building Inspector shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure; use construction materials and utility equipment that are resistant to flood damage; and use construction methods and practices that will minimize flood damage.
B. 
The Building Inspector shall review subdivision proposals and other proposed new developments to assure that all such proposals are consistent with the need to minimize flood damage; all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage; and adequate drainage is provided so as to reduce exposure to flood hazards.
C. 
The Building Inspector shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.
[1]
Editor's Note: See Ch. 158, Flood Damage Prevention.
Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information:
A. 
A description, as may be required by the Building Inspector, of the land on which the proposed work is to be done.
B. 
A statement of the use or occupancy of all parts of the land and of the building or structure.
C. 
The valuation of the proposed work as approved by the Building Inspector.
D. 
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, and the name and address of the person who is to do the work.
E. 
A brief description of the nature of the proposed work.
F. 
Duplicate sets of plans and specifications as set forth in Subsection C of this section.
G. 
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
Applications for building permits shall be made by the owner or lessee, or agent of either, or by the architect or engineer of building employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
A. 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan where required by the Building Inspector, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
[Amended 6-2-1986 by L.L. No. 3-1986]
B. 
Plans and specifications shall bear the signature of the person responsible for the design and drawings.
C. 
The Building Inspector may waive the requirement for filing plans.
[Amended 4-26-1982 by Ord. No. 82-42; 6-2-1986 by L.L. No. 3-1986]
An application to demolish a building or other structure shall, in addition to the requirements set forth in § 138-13 above, be accompanied by a tax search showing that all current taxes and water rents and tax and assessment liens have been paid, however, a tax search may be waived by the Building Inspector if the building is an accessory structure or if the demolition is being required by the City. Before any permit for demolition shall be granted, the applicant shall produce good and satisfactory proof to the Building Inspector that he has obtained public liability and owner's and contractor's protective insurance in an amount not less than $100,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person and an amount not less than $300,000 on account of one accident and property damage insurance in an amount not less than $25,000 for each accident; and for an aggregate limit of not less than $50,000. This insurance shall be written with an acceptable company authorized to do business in the State of New York, shall be taken out before any operations of the contractor are commenced and shall be kept in effect until all operations shall be satisfactorily completed. Copies of the originals, as the case may be, of such policies shall be furnished to the City and such policies shall be approved by the City before operations are commenced. The requirement for a tax search, public liability insurance and owner's and contractor's protective insurance set forth above shall not be applicable to demolition by owner-occupant of one story accessory buildings set back at least 25 feet from the street line and which do not exceed 900 square feet in floor area. The owner-occupant must show proof of a comprehensive personal liability insurance policy covering such property in the amount of $100,000.
A. 
An application to move a building or other structure to another location not on the same lot shall fulfill all of the requirements set forth in § 138-13 above. Upon payment of the fee as set forth in § 138-21, the Building Inspector shall direct the City Engineer to make or cause to be made a survey of the proposed route over which the building is to be moved. Upon the completion of said survey, the City Engineer shall report the results thereof to the Building Inspector, together with an estimate of the amount of the probable damage to public or private property and such other information as the City Engineer may deem necessary.
B. 
Upon the written approval of the City Engineer, the Building Inspector, at his discretion, may grant the permit for which the application is made. However, before any permit to move shall be granted, the applicant shall produce good and satisfactory proof to the Building Inspector that he has obtained public liability and owner's and contractor's protective insurance in an amount not less than $100,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person and an amount not less than $300,000 on account of one accident, and property damage insurance in an amount not less than $25,000 for each accident; and for an aggregate limit of not less than $50,000. This insurance shall be written with an acceptable company authorized to do business in the State of New York, shall be taken out before any operations of the contractor are commenced and shall be kept in effect until all operations shall be satisfactorily completed. Copies of the originals, as the case may be, of such policies shall be furnished to the City, and such policies shall be approved by the City before operations are commenced. The application shall also be accompanied by a tax search as set forth in § 138-16 above.
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 Building Inspector.
A. 
The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. Such examination may include circulation for review by the Departments of Fire, Engineering, Health, Water and Wastewater, Development and others as necessary. He shall approve or disapprove the application within a reasonable time.
[Amended 6-2-1986 by L.L. No. 3-1986]
B. 
Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
C. 
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 Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
D. 
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant, and no permit shall be issued until they have been revised to comply with this Code. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
E. 
The Building Inspector shall not issue a permit for the erection of a building where a sewer connection is required and where no existing sewer is available thereto unless the Health Department grants permission for the construction of an approved septic tank system.
F. 
With every permit issued, the office of the Building Inspector shall issue to the applicant a card not less than 8 1/2 inches by 11 inches in size, properly filled out and bearing the permit number and signature of the Building Inspector. It shall be the duty of such applicant to display such card conspicuously on the premises where the work is being done so as to be easily seen and read from the ground.
A. 
The activities authorized by the issuance of a building permit shall be commenced within 30 days following the date of issuance. All activities authorized by said permit shall in any event be completed within one year of the date of issuance of the permit unless an extension, for good cause shown, has been granted in writing by the Building Inspector.
[Amended 5-20-1985 by Ord. No. 85-50]
B. 
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 applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.
[Amended 1-5-1976 by Ord. No. 16946; 1-19-1976 by Ord. No. 16960; 8-1-1977 by Ord. No. 77-56; 6-2-1986 by L.L. No. 3-1986; 11-30-1987 by Ord. No. 87-75; 4-29-1991 by L.L. No. 91-19; 1-16-1996 by Ord. No. 95-38; 3-10-2003 by Ord. No. 2003-5; 4-11-2011 by Ord. No. 2011-09; 9-14-2015 by Ord. No. 2015-14; 5-9-2016 by Ord. No. 2016-09; 6-12-2017 by Ord. No. 2017-06]
A. 
Fees for the issuance of permits related to this chapter shall be set from time to time by resolution.
B. 
No fee is to be charged for the issuance of a permit for work undertaken by a local, state or federal agency on publicly owned property.
C. 
A fee of $0.50 a page will be charged for photocopying public records of the office of the Building Inspector.
D. 
All fees as required by this section shall be doubled whenever the work which is subject to a fee is commenced prior to the issuance of the appropriate permit.
E. 
The fees in this chapter shall not be charged if, in the opinion of the Corporation Counsel, the underlying issue which created the necessity for the permit has been caused solely by the City of Schenectady and the waiver of such fee would not materially impact any ongoing or potential litigation stemming from that underlying issue.
The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
E. 
When the work is suspended or abandoned for a period of 12 months or when the walls or structural members are left uncovered or unprotected so that severe or freezing weather may weaken or damage such walls or structural members in the opinion of the Building Inspector.
A. 
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
B. 
In addition to a doubling of the fees as required by this chapter, whenever the work which is subject to a fee is commenced prior to the issuance of the appropriate permit, an administrative fee of $500 shall be added to the tax roll as an assessment.
[Added 4-11-2011 by Ord. No. 2011-09]
The Building Inspector or his representative or any duly authorized City representative, 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 or, in an emergency, at any hour whatsoever, and no person shall interfere with or prevent such entry.