A.
General. Building permits shall be required for all work
which must conform to the Uniform Code. Exceptions to the requirement for
building permits may be allowed for the performance of necessary repairs and
alterations to existing buildings, provided that the necessary repairs and/or
alterations do not:
B.
New construction. No construction which requires a permit
may begin until a building permit has been issued by the Code Enforcement
Officer or other enforcement official which covers the particular construction
project.
C.
Existing buildings. No building or structure shall be
added to, converted, enlarged, removed or demolished until a building permit
has been issued by the Code Enforcement Officer or other enforcement official.
A.
The Code Enforcement Officer or other enforcement official
shall examine or cause to be examined, all applications for building permits
and the plans, specifications and documents filed therewith.
B.
Applications for a building permit must be made by the
property owner or lessee, or agent of either, or by the architect, engineer
or contractor employed in connection with the proposed work. Where such application
is made by a person other than the owner, the application shall be accompanied
by an affidavit of the owner stating that the applicant is authorized to make
such application, and the affidavit shall contain a statement that the owner
authorizes the Code Enforcement Officer or any enforcement official to enter
upon premises without a search warrant for building inspection purposes.
C.
Applications for a building permit shall be made to the
Code Enforcement Officer or other enforcement official on forms provided by
said enforcement official. The applicant shall provide sufficient information
to permit the determination that the intended work accords with the requirements
of the Uniform Code, applicable laws, ordinances, rules and regulations, including
but not limited to the following information:
(1)
The full name, address and phone number of the owner.
(2)
The address of the site.
(3)
The tax map identification number of the premises.
(4)
The contractors' names, addresses and phone numbers.
(5)
The zone district in which the property is located.
(6)
The nature of the proposed work.
(7)
The existing and post-construction occupancy.
(8)
Applicable zoning district specifications.
(9)
The valuation of the proposed work.
(10)
Start date and completion date.
(11)
Where applicable, a statement of special inspections prepared
in accordance with the provisions of the Uniform Code.
[Added 7-5-2006]
D.
Each application for a building permit shall be accompanied by a copy of plans and specifications, including a plot plan as specified in §§ 240-55 and 240-57 of Chapter 240, Zoning, of the Code of the City of Corning and, where required by the Code Enforcement Officer and other enforcement officials, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential data.
E.
Plans and specifications shall bear the signature of
the person responsible for the design and drawings, and where required by
§§ 7202, 7209 and 7302, as amended, of Articles 145 or 147
of the Education Law of the State of New York, the seal of a licensed architect
or a licensed professional engineer. The Code Enforcement Officer and other
enforcement officials may waive the requirements for filing plans and specifications
for minor construction and issue a building permit so stating.
[Amended 10-5-1998 by L.L. No. 32-1998]
F.
Amendments, if any, to the application or the plans and
specifications accompanying the same must be filed with the Code Enforcement
Officer or other enforcement official and approval received from said enforcement
official prior to the commencement of such change of work.
G.
If the Code Enforcement Officer believes the valuation
listed on the building permit application for the proposed work is not consistent
with industry norms for similar work, the Code Enforcement Officer may require
proof of the valuation by affidavit or otherwise. The Code Enforcement Officer
shall not issue a building permit until acceptable proof has been presented.
A.
Whenever the plans accompanying an application are, in
the opinion of the Code Enforcement Officer or other enforcement official,
of complex design, the Code Enforcement Officer or enforcement official shall
employ a licensed architect or a licensed professional engineer to examine
the plans and specifications, in which event the Code Enforcement Officer
shall provide notice to the property owner or applicant of the intention to
employ a professional and the estimated cost. The cost of examination shall
be added to such permit fee and paid by the applicant before the permit shall
be issued. In the event that the Code Enforcement Officer or other enforcement
official employs said architect or engineer, the enforcement official may
rely upon the advice of such architect or engineer as to whether such plans
and specifications comply with this chapter and other applicable laws, ordinances,
rules and regulations.
B.
Upon the approval of the application and upon the receipt
of the legal fees therefor, the Code Enforcement Officer or other enforcement
official shall issue a building permit to the applicant upon the form prescribed
by him/her and shall affix his/her signature or cause his/her signature to
be affixed thereto.
A.
A building permit shall become void if the proposed work
does not commence within six months after the date of its issuance.
B.
Unless a time is specifically stated on the building
permit, a building permit shall be effective, to authorize the continuation
of work in accordance with the application, plans and specifications on which
it is based, for a period of one year after the date of its issuance. For
good cause, and upon written application to the Code Enforcement Officer or
other enforcement official, the Code Enforcement Officer or other enforcement
official may allow a maximum of two extensions for periods not exceeding two
months each in order to permit the applicant to complete the work under the
permit.
C.
Building permits shall be prominently displayed on the
job site at all times during the course of construction, so as to be readily
seen from adjacent thoroughfares.
A.
The Code Enforcement Officer and other enforcement officials
shall be authorized to make or cause to be made inspections to determine the
condition of premises in order to safeguard the health, safety and welfare
of the public. The Code Enforcement Officer and other enforcement officials
shall be authorized to enter any premises at any reasonable time during normal
business hours or at such time as may be necessary in an emergency for the
purpose of performing their duties under this chapter. Inspections herein
authorized shall be limited to the provisions of this chapter.
B.
The Code Enforcement Officer and other enforcement officials
shall be supplied with official identification and, upon request, shall exhibit
such identification when entering any premises and all parts thereof.
C.
Access to all parts of any building, premises and parts thereof shall be provided by the owner, operator, agent or occupant thereof to personnel herein for the purpose of making such inspections at any reasonable time during normal business hours or at such other times as may be necessary in an emergency. Whenever the Code Enforcement Officer or enforcement official shall be unable to obtain access to premises for the purpose of making an inspection as herein provided, a demand for access to such premises shall be served upon the owner and/or occupants in accordance with the provisions of § 76-26 of this chapter. The time period may be shortened by means of a search warrant, court order or other legal procedure.
D.
If the person entitled to possession of any building,
premises or part thereof refuses admittance thereto of the Code Enforcement
Officer or enforcement official for the purpose of making an examination or
inspection of the premises, the Code Enforcement Officer or other enforcement
officials shall seek authorization, by use of an order to show just cause
or any other prompt legal means, from any court of competent jurisdiction.
The moving papers shall recite that the Enforcement Official believes, or
has probable cause justified by a valid public interest to believe, that by
an inspection of certain premises designated in his/her affidavit, the Enforcement
Official will obtain evidence leading to reveal the existence of violations
of this chapter or the Uniform Code. If such probable cause shall appear,
the judge shall issue a warrant or order authorizing the Code Enforcement
Officer or enforcement official to inspect the premises named in the affidavit
and designated in the warrant to obtain evidence tending to reveal the existence
of violations of this chapter or the Uniform Code.
E.
Work covered under a permit shall be required to remain accessible
and exposed until inspected, accepted and approved by the Code Enforcement
Officer. Permit holders shall be required to notify the Code Enforcement Office
when construction work is ready for inspection
[Added 7-5-2006]
The Code Enforcement Officer or other enforcement official may revoke
a building permit theretofore issued and approved in the following instances:
A.
Where it is found that there has been false statement
or misrepresentation as to the material fact in the application, plans or
specifications on which the approval of the permit was based.
B.
Where it is found that the building permit was issued
in error and should not have been issued, in accordance with the applicable
laws.
C.
Where the person to whom a building permit has been issued
fails or refuses to comply with a stop-work order issued by the Code Enforcement
Officer or other enforcement official of the City of Corning.
D.
Where it is found that the work performed under the building
permit is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
E.
Where it is found that the construction is proceeding
in an unsafe manner.
F.
Where it is determined by the Code Enforcement Official
that the construction is not proceeding in a timely manner.
[Added 8-7-2000]
G.
Effect of revocation. Upon the revocation of a building permit,
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.
[Added 7-5-2006]
