A.
General. A building permit shall be required for any work which is
required to conform to the codes, 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 Town.
B.
Permits for buildings and/or structures not on improved mapped streets.
No building permit for the erection of any building and/or structure
shall be issued pursuant to this chapter unless the proposed action
complies with § 280-a of the Town Law of NYS as currently
in effect and as hereafter amended from time to time.
C.
Previous approvals. This chapter shall not require changes in the
construction documents, described work or designated occupancy of
a structure for which a building permit has been issued or otherwise
lawfully authorized, and the work of which has been pursued in good
faith and has not been abandoned or expired.
Exemptions from the requirement to obtain a building permit
shall not be deemed to grant authorization for any work to be done
in any manner in violation of the provisions of the codes. Building
permits shall not be required for work any of the following categories:
A.
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(aka townhouses) which are used for tool and storage sheds, playhouses,
or similar uses, provided the gross floor area does not exceed 144
square feet.
B.
Construction of temporary sets and scenery associated with motion
picture, television and theater uses.
C.
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses).
D.
Installation of partitions or movable cases less than five feet nine
inches in height.
E.
Painting, wallpapering, tiling, carpeting, or other similar finish
work.
F.
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances.
G.
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications.
I.
Any other occupancy, work and/or use classification exempt by the
codes and/or NYS from the requirement to obtain a building permit.
Except as otherwise prescribed by law, a building permit shall
not be required for the installation, alteration or repair of generation,
transmission, distribution or metering or other related equipment
that is under the ownership and control of a public utility company.
The application for a building permit shall be submitted within
a reasonable amount of time but no greater than five business days
to the Code Enforcement Officer for any work that must be performed
in an emergency.
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. The application shall include such
information as the Code Enforcement Officer deems sufficient to allow
a determination by this officer that the intended work complies with
all applicable requirements of the codes. The application shall include
or be accompanied by the following information and documentation:
A.
A description of the location, nature, extent and scope of the proposed
work; and
B.
The Tax Map identification numbers and the street address of any
affected building, land or structure; and
C.
The occupancy classification of any affected building or structure;
and
D.
Where applicable, a statement of special inspections prepared in
accordance with the codes; and
E.
Be accompanied by construction documents as prescribed herein; and
F.
Be accompanied by a site plan as prescribed herein; and
G.
Be signed by the owner; and
H.
Payment of the application fee; and
I.
An estimated permit value at the time of application. Permit valuations
shall include the total value of work, including materials and labor,
for which the permit is being issued, such as electrical, gas, mechanical,
plumbing equipment and permanent systems; and
J.
Give such other information as required by the Code Enforcement Officer.
A.
General. The Code Enforcement Officer shall examine an application
for a building permit and any amendments thereto within a reasonable
time after filing. If such application does not conform to the requirements
of the codes, the Code Enforcement Officer shall reject such application,
in writing, stating the reasons therefor. If the Code Enforcement
Officer is satisfied that the application conforms to the requirements
of the codes, the Code Enforcement Officer shall issue a building
permit therefor as soon as practicable.
B.
Third-party inspector. The Code Enforcement Officer has the right
to have a third-party inspector, Town Attorney and/or the Town Engineer
examine an application for a building permit and any amendments thereto
to ensure compliance with the codes.
C.
Multiple permits for the same location. When more than one building
permit is required for the same location, the Code Enforcement Officer
is authorized to consolidate such permits into a single building permit
if each provision is listed in such permit.
D.
Phased approval. The Code Enforcement Officer is authorized to issue
a building permit for work of part of a structure, system or use before
the submittal documents for the whole structure, system or use have
been submitted if adequate information and detailed statements have
been filed complying with pertinent requirements of the codes. The
owner granted a phased approval of a structure, system or use shall
proceed at his or her own risk without assurance that a building permit
for the entire structure, system or use will be granted.
E.
Time limitation of application. An application for a building permit
shall be deemed to have been abandoned six months after the date of
filing unless such application has been pursued in good faith, a building
permit has been issued or when such action is requested by the owner.
However, the Code Enforcement Officer is authorized to grant one or
more extensions of time for additional periods not exceeding six months
each. The extension shall be requested by the owner in writing and
justifiable cause demonstrated.
The Code Enforcement Officer may include in a building permit
such terms and conditions as he/she/they deems necessary or appropriate
to ensure safety or to further the purposes and intent of the codes.
The issuance or granting of a building permit shall not be construed
to be a permit for, or an approval of, any violation of any of the
provisions of the codes. A building permit presuming to give authority
to violate or cancel such provisions shall not be valid. The issuance
of a building permit based on construction documents and/or other
data shall not prevent the Code Enforcement Officer from requiring
the correction of errors in the construction documents and/or other
data. The Code Enforcement Officer is also authorized to prevent the
occupancy or use of a structure where it is in violation of the codes.
Lastly, the issuance of a building permit shall represent the issuance
of a floodplain development permit as prescribed in the Flood Damage
Prevention Law,[1] a steep slopes permit as prescribed in the Steep Slopes
Law,[2] as well as a certificate of zoning compliance as prescribed
in the Zoning Law.[3]
A.
A building permit shall expire one year after the date of issuance.
The Code Enforcement Officer is authorized to grant, in writing, one
or more extensions of time, for periods not more than one year each.
The extension shall be requested in writing by the owner and justifiable
cause demonstrated.
B.
Maximum extension. The Code Enforcement Officer shall not extend
any building permit beyond four years from the original issuance date
of such permit regardless if justifiable cause is demonstrated.
The Code Enforcement Officer is authorized to revoke a building
permit issued under the provisions of this chapter when it is found
by inspection or otherwise that there has been a false statement or
misrepresentation as to the material facts in the application or construction
documents on which the building permit or approval was based, including,
but not limited to, any one of the following:
A.
The building permit is used for a lot of record or establishment
other than that for which it was issued.
B.
The building permit is used for a condition or activity other than
that listed in the building permit.
C.
Conditions and limitations set forth in the building permit have
been violated.
D.
There have been any false statements or misrepresentations as to
the material fact in the application for building permit or the submittal
documents.
E.
The building permit is used by a different person than the name for
which it was issued.
F.
The owner failed, refused or neglected to comply with orders or notices
duly served in accordance with the provisions of this chapter within
the time provided therein.
G.
The building permit was issued in error or in violation of this chapter
or any applicable provision of the codes.
The building permit or a copy thereof shall be visibly displayed
at the work site and remain visible until the authorized work has
been completed.
