Except as otherwise provided in Subsection A(2) of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure 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 Code Enforcement Officer.
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;
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
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; or the removal from service of all or
part of a fire protection system for any period of time.
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 A(2) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
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:
At least two sets of construction documents (drawings
and/or specifications) which define the scope of the proposed work; are prepared
by a New York State registered architect or licensed professional engineer
where so required by the Education Law; indicate with sufficient clarity and
detail the nature and extent of the work proposed; substantiate that the proposed
work will comply with the Uniform Code and the Energy Code; and where applicable,
include a site plan that shows any existing and proposed buildings and structures
on the site, the location of any existing or proposed well or septic system,
the location of the intended work, and the distances between the buildings
and structures and the lot lines.
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 C(5) 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. 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.
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. 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.
Building permits to be displayed. Building permits shall
be visibly displayed at the work site and shall remain visible until the authorized
work has been completed.
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.
Time limits. building permits shall become invalid unless
the authorized work is commenced within six months following the date of issuance.
building permits shall expire 12 months after the date of issuance. A building
permit which has become invalid or which has expired pursuant to this subdivision
may be renewed upon application by the permit holder, payment of the applicable
fee, and approval of the application by the Code Enforcement Officer in his
or her sole discretion for good cause shown; provided, a maximum of only two
such extensions may be granted for periods not exceeding three months each.
Revocation or suspension of building permits. If the
Code Enforcement Officer determines that a building permit was issued in error
because of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or the Energy
Code, the Code Enforcement Officer shall revoke the building permit or suspend
the building permit until such a time as the permit holder demonstrates that
all work then completed is in compliance with all applicable provisions of
the Uniform Code and the Energy Code and all work then proposed to be performed
shall be in compliance with all applicable provisions of the Uniform Code
and the Energy Code.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 51-18, 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.
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 B of this section is ready for inspection.
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 where the work fails to comply with the Uniform Code
or Energy Code. 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.
Fee. The fees specified in or determined in accordance with the provisions set forth in § 51-18, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.
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:
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;
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
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.
Content of stop-work orders. Stop-work orders shall be
in writing, be dated and signed by the Code Enforcement Officer, state the
reason or reasons for issuance, and if applicable, state the conditions which
must be satisfied before work will be permitted to resume.
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 registered or 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 registered or certified mail; provided, however, that failure to serve
any person mentioned in this sentence shall not affect the efficacy of the
stop-work order.
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.
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 § 51-17, 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.