A.
No person, firm, corporation, association or other
organization shall commence construction, enlargement, alteration,
improvement, removal, demolition, conversion or installation therein
of any building or structure or change in use of the occupancy of
any building or structure without first having applied for and obtained
a permit from the Building Inspector. No permit shall be required
for construction work that is not structural in nature and does not
entail installation of plumbing, electrical, heating or ventilation
systems or components in addition to such systems already in use.
No permit shall be required for work of an ordinary or maintenance
nature, except as otherwise stated in this chapter.
B.
No permit shall be required for:
(1)
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 144 square feet (13.38 m2);
(3)
Construction of retaining walls unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(4)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(5)
Installation of partitions or movable cases less than
five feet nine inches in height;
(6)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(7)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(8)
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
(9)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
(b)
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system;
(d)
The removal from service all or part of a fire
protection system for a period of time.
A.
Application for a permit shall be made, on forms provided
by the Town, by the owner or lessee or the agent of either or by the
architect, engineer or builder employed in connection with the proposed
work.
B.
Each application for a permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale, showing location and size of all proposed new
construction, as well as the location of all existing structures on
the site, distances from lot lines, the relationship of structures
on adjacent property, widths and grades of adjoining streets, walks
and alleys, watercourses, easements and utilities on the property.
Said plans and specifications shall show the size of all proposed
new construction, describe the nature and character of the work to
be performed and all materials to be incorporated, and, where required
by the Building Inspector, the details of structural, plumbing, mechanical
and electrical work, including computations, stress diagrams and other
essential data.
C.
The requirements of Subsection B may be waived by the Building Inspector where it appears that strict application of this section would create an undue hardship and where it further appears that such waiver would not result in a violation by the applicant of any of the other sections of this chapter or of any other law, code, rule, regulation or order.
D.
The application for a building permit shall contain
a statement that the proposed work shall be performed in compliance
with the Uniform Code and applicable state and local laws. The plans
and specifications shall contain sufficient information to permit
a determination that the intended work accords with the requirements
of the plans and shall bear the signature of the person responsible
for the design and drawings, and, where required by § 7302,
as amended, of Article 147 of the Education Law of the State of New
York, the seal of a licensed architect or a licensed professional
engineer.
E.
Amendments to any application, plan or specification
may be filed at any time prior to commencement of work on the requested
change. Such amendments shall likewise be subject to the approval
of the Building Inspector.
A.
The Building Inspector shall review or cause to be
reviewed applications for permits, together with the plans, specifications
and documents filed therewith.
B.
Upon the payment of the required fee and upon satisfactory
proof being given that the applicant is in compliance with this chapter
and all other rules and regulations, a permit may be issued as and
bear the name and signature of the Building Inspector. Absent payment
of the required fee and satisfactory proof of compliance, the application
shall be denied.
C.
Any permit granted hereunder shall be limited only
to the activity authorized on said permit, and its continued validity
shall be subject to the conditions set forth on said permit.
D.
Any permit granted hereunder shall not be transferable,
except when transfer is approved by the Building Inspector, and any
change in the activity, extent or type of operation, location, ownership
or use shall require a new permit.
E.
Permits shall continue for the period designated in
§ 63-18 of this chapter or until revoked or suspended as
provided in § 63-19 of this chapter.
F.
Any application for or acceptance of any permit issued
or requested pursuant to this chapter constitutes agreement and consent
by the person making the application or accepting the permit to allow
the Building Inspector to enter upon the premises at any time to conduct
inspections as required by this chapter. Refusal to allow the Building
Inspector to conduct said inspections of the premises and their records
related to such permit or required to be maintained by this chapter
shall constitute sufficient justification for the summary and immediate
revocation or suspension of said permit. In addition, should the Building
Inspector deem it necessary, he may make an application to any court
of competent jurisdiction to obtain a warrant authorizing an inspection
of the premises in question.
A schedule of fees shall be adopted by the Town
Board and shall be available in the Department of Building and Zoning
and in the office of the Town Clerk.
A.
A building permit shall be null and void unless construction
has been started within six months of the date of issuance, except
that construction shall be completed within 15 months from the date
of issuance. When the time of starting construction exceeds the above
periods, application may be made for a new permit, which shall be
issued upon payment of the established fee and which shall be valid
for a period of six months from the date of issuance.
B.
A building permit shall be effective to authorize
the commencing of work in accordance with the application plans and
specifications on which it is based for a period of six months after
the date of issuance. For good cause, the Building Inspector may allow
a minimum of two extensions for periods not exceeding three months
each.
C.
A building permit shall be kept posted in a conspicuous
place on the property or premises covered by the permit period. Posting
shall occur within five days of permit issuance and shall continue
as long as the permitted activity continues.
A.
The Building Inspector shall have the authority to
revoke permits issued by him as follows:
(1)
Where it is found that there have been false statements
or misrepresentations as to a material fact in the application, plans
or specifications upon which the permit was granted.
(2)
Where it is found that the permit was issued in error
and should not have been issued in accordance with the applicable
laws, codes, rules, regulations or orders.
(3)
Where the person to whom the permit has been issued
fails or refuses to comply with a stop-work order duly issued by the
Building Inspector.
(4)
In the event of a violation of this chapter, the Building
Inspector may in addition to the other penalties provided for herein,
suspend said permit until such time as the violation is corrected.
Should the Building Inspector determine that the violation constitutes
a distinct hazard to life or public safety, he may order the premises
secured immediately until said violation is abated.
A.
Whenever the Building Inspector has reasonable grounds
to believe that the work on any building or structure is proceeding
without permit or is otherwise in violation of the provisions of any
applicable law, code, ordinance, rule or regulation or is not in conformity
with any of the provisions of the application, plans or specifications
on the basis of which a permit was issued or is being conducted in
an unsafe or dangerous manner, he shall notify either the owner of
the property or the owner's agent or the person, firm or corporation
performing the work to immediately suspend all work. In such instance,
any and all persons shall immediately suspend all related activities
until the stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form
prescribed by the Building Inspector and shall state the reason for
the stop-work order, together with the date of issuance. The stop-work
order shall bear the signature of the Building Inspector or that of
an assistant and shall be prominently posted at the work site.
