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City of Buffalo, NY
Erie County
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Table of Contents
Table of Contents
[Derived from Art. I of Ch. XI of the Charter and Ordinances, 1974]
[Added 7-20-2004,[1] effective 8-2-2004]
The following words and terms shall, for the purposes of City building permits and building permit fees, have the meanings shown herein:
ACCESSIBILITY
Pertaining to or having to do with handicap access.
APPLICATION FEE
The first of two fees associated with obtaining a building permit, which fee is paid upon submission of construction documents to the permit office in the case of a permit requiring such documents, and in the case of simple permits not requiring any documentation other than a copy of the building contract is paid together with the second fee (permit fee) upon obtaining a permit. The application fee covers work associated with registration, application and plan review for a permit.
APPURTENANCE
A lesser part or component that is an appendage or accessory to a whole system, and whose function is incidental or accessory to the system to which it is connected.
A. 
With reference to materials assembly(ies) in a building, structure or lot: all the materials, parts, elements and components which once integrated by construction or fabrication comprise a physical unit or distinct entity within the constructed whole.
B. 
With reference to public assembly as one of the occupancy/use classifications as defined in Section 303.1 of the Building Code of New York State: Assembly Group A occupancy includes, among others, the use of a building or structure, or a portion thereof, for the gathering together of persons for purposes such as civic, social or religious functions, recreation, food or drink consumption or awaiting transportation. A room or space used for assembly purposes by less than 50 persons and accessory to another occupancy shall be included as a part of that occupancy.
A. 
A body of requirements and standards regulating the construction, maintenance, and demolition of buildings and structures. (The City of Buffalo administers the New York State family of codes, a collection of publications coauthored by the International Code Council and the New York State Department of State, legislated by the state, and implemented on July 3, 2002. Included in the New York State family of codes:
(1) 
The Building Code of New York State (BCNYS).
(2) 
The Energy Conservation Construction Code of New York State (ECCCNYS).
(3) 
The Fire Code of New York State (FCNYS).
(4) 
The Fuel Gas Code of New York State (FGCNYS).
(5) 
The Mechanical Code of New York State (MCNYS).
(6) 
The Plumbing Code of New York State (PCNYS).
(7) 
The Property Maintenance Code of New York State (PMCNYS).
(8) 
The Residential Code of New York State (RCNYS), for one- and two-family dwellings.
B. 
The building codes above each contain and/or refer to reference standards which are part of the codes; such reference standards include, but are not limited to, the following:
(1) 
The Accessibility and Usable Buildings and Facilities Standard ICC/ANSI A117.1-98.
(2) 
The American Society of Mechanical Engineers Standard ASME A17.1-2000, Safety Code for Elevators and Escalators.
(3) 
The National Fire Protection Association Standards NFPA 101-00 and NFPA 102-95.
(4) 
The National Fire Protection Association (NFPA) Standard NFPA 70-99.
BUILDING PERMIT
The instrument which allows and controls the erection of a building, addition to a building, moving a building, change of occupancy, reconstruction, alteration, renovation, repair, or demolition of a building, or portion of a building, accessory or incidental building or structure, or lot, according to the applicable Codes and Ordinances. The building permit describes and characterizes the work being done, is part of enforcing compliance with the appropriate Codes, and is part of the permanent record of the changes at the property and of the legal use(s) of the property. The following is a list of building permit Types used in the City of Buffalo:
A. 
Asbestos abatement permit;
B. 
Building permit;
C. 
Demolition permit;
D. 
Electrical permit;
E. 
Elevator permit;
F. 
Fuel devices permit; and
G. 
Plumbing permit.
BUILDING PERMIT FEE
The second of two fees associated with obtaining a building permit, which fee is paid upon completion of all plan review approvals and issuance of the permit, in the case of permits for which construction documents were submitted, and in the case of simple permits not requiring any documentation other than a copy of the building contract, is paid together with the first fee (application fee) at issuance of the permit. The permit fee covers work associated with inspections, closeout, and certification for a permit. The following is a list of building permit fee types used in the City of Buffalo:
A. 
Asbestos abatement permit fee;
B. 
Building permit fee;
C. 
Demolition permit fee;
D. 
Electrical permit fee;
E. 
Elevator permit fee;
F. 
Fuel devices permit fee; and
G. 
Plumbing permit fee.
BUILDING PERMIT PROCESS
The process which includes registration of a building project's particulars, the appropriate prior approvals, possible appeals for variances, application, construction document reviews, permit issuance, inspections of work and approvals, close-out, and appropriate certificates, and also accompanying paper and electronic documentation and record-keeping for the project.
CITY EMERGENCY DEMOLITION, DECLARATION OF
See Sections 14-10, Destroying Buildings, and 17-2, Commissioner of Permit and Inspection Services; Duties and Powers, of this Charter.
CLASSIFICATION OF WORK
The categorization of work, performed at and on existing and new buildings and structures and their lots, divided into different levels of complexity of work and of change resulting from that work. For example, the classification terms "repairs," "renovations," "alterations," "reconstruction," and "change of occupancy," respectively, reflect increasing changes to an existing building with respect to: rehabilitation, space layout, relationships between spaces, electrical, fuel devices and plumbing systems, overall safety design, and occupancy/use. (See the following terms and definitions.)
A. 
- Any enlargement of the floor area, volume, or covered area of an existing building or structure.
B. 
- The reconfiguration of any space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any system.
C. 
- A change of purpose or level of activity within a building that involves a change in application of the requirements of the Building Code of New York State.
D. 
- The construction of any new, stand-alone building or structure or addition to an existing building or structure.
E. 
- Any project where the reconfiguration of space, as indicated on the construction documents, is such that it adversely impacts the means of egress of spaces outside the work area; affects the entire occupancy; or the work area totals more than two-thirds of the building area. Reconstruction involves work not initially intended by the owner but specifically required by Appendix K, Rehabilitation of existing Structures, of the Building Code of New York State.
F. 
- The removal and replacement or the covering of existing materials, parts, elements, components, equipment and/or fixtures using new materials, parts, elements, components, equipment and/or fixtures that serve the same purpose, without reconfiguring the space.
G. 
- The patching or restoration of materials, parts, elements, components, equipment and/or fixtures for the purposes of maintaining such material, parts, elements, components, equipment and/or fixtures in good or sound condition.
COMMERCIAL
Multiple dwellings (3-family, 4-family, etc. dwellings), their accessory buildings and structures, and their lots; all mixed-use buildings containing three or more dwelling units and their accessory buildings and structures and their lots; and all other nonresidential buildings, structures, and uses, and their lots, other than utility/miscellaneous buildings and structures.
COMMON AREA
With reference to area-calculated permit fees: the public and service areas of a building or structure, such as halls, toilet rooms, janitorial rooms, equipment rooms, elevator shafts, mechanical shafts, lobbies, vestibules, atriums, stairs and like spaces which are for the use of the general public, occupants and service persons, and not for use by a single tenant or group of tenants exclusively.
CONVEYANCE
Any fixed mechanical means of transport within the scope of the most current NYS-adopted ASME ANSI A17.1 reference standard, for persons or materials located in or adjacent to any building or structure, such as but not limited to elevators, lifts, escalators, and moving walkways, including the equipment, its associated parts, and its hoistways.
CURRENT LEGAL USE(S)
Any use/occupancy of a building, portion of a building, or a lot, which has been established by the proper completion of the appropriate use/occupancy permit and/or by the issuance of a certificate of occupancy or certificate of compliance, as appropriate, and which use has not become a discontinued nonconforming use, or which use has not been modified or replaced under a more current use/occupancy permit.
EQUIPMENT OR FIXTURE
Any plumbing, heating, electrical, ventilating, air handling, air conditioning, refrigeration and fire protection equipment, as well as elevators, dumbwaiters, escalators, fuel devices, boilers, pressure vessels, and other mechanical facilities or installations, which are related to building services. "Equipment" or "fixture" shall not include manufacturing, production or process equipment, but shall include connections from building service to process equipment.
FACTORY-CERTIFIED SERVICE TECHNICIAN
A person employed by a factory or plant which manufactures equipment, devices, fixtures, components, assemblies, controls, and other similar parts for the electrical, elevators, fuel devices or plumbing trades, who has the working knowledge of the trade manufactured for and of the equipment, etc., manufactured by such factory, and has been trained and certified by such manufacturer as being knowledgeable and capable of installing and servicing the equipment and components, etc., in the field wherever it is installed.
FRONT PARKING PAD
A paved area to the front of a building intended for parking, where any portion of any vehicle parked thereon would protrude into the minimum front yard or minimum side street side yard as required in this Charter according to the zoning district in which the property is located. Front parking pads are prohibited in both required front yards and required side street side yards.
GENERAL CONSTRUCTION
All construction work of any type which is not mechanical, plumbing, process piping, heating/ventilating/air conditioning, electrical, elevator, or demolition work.
LICENSED CONTRACTOR
With reference to the City of Buffalo: any contractor, having been duly tested and approved by the appropriate board as having the appropriate learning, knowledge, and certification in his/her field of work, who has paid the appropriate fees for a City license and now posts such license at his/her place of work, and furthermore, who has not had his/her license revoked or does not have his/her license currently under board review. Being licensed with the City of Buffalo is always irrespective of and unconnected to the possession of any currently valid license from any other municipality or state, or the federal government. The following is a list of license types used by the City of Buffalo:
A. 
Construction manager;
B. 
Demolition Grade 1;
C. 
Demolition Grade 2;
D. 
Demolition Grade 3;
E. 
Demolition Grade 4;
F. 
General contractor;
G. 
Handyman contractor;
H. 
Home improvement contractor;
I. 
Light commercial contractor;
J. 
New housing contractor;
K. 
Specialty contractor; and
L. 
Subcontractor;
LICENSED CONTRACTOR
With reference to the State of New York: any contractor, having been duly tested and approved by the appropriate state entity as to having the appropriate learning, knowledge, and certification in his/her field of work, who has paid any required fees, and who holds the appropriate currently valid state license. The following is the state license type recognized in the City of Buffalo and used for the appropriate City of Buffalo building permits:
A. 
Fire alarm and security installer.
LINE VOLTAGE
The voltage of any electrical system operating at 100 volts or more.
LOW VOLTAGE
The voltage of any electrical system operating at less than 100 volts.
MAINTENANCE PERSONNEL
For a commercial building, one of the following categories:
A. 
The individual property owner (or owners), who is capable and has a working knowledge of repairs and replacements in-kind in the fields of work called for in properly maintaining his/her building and site.
B. 
Any employee(s) in the direct employ of the owner(s), not as a contractor or subcontractor, but as an actual employee, whose job it is to maintain the property and who is capable and has a working knowledge of repairs and replacements in-kind in the fields of work called for in properly maintaining the building and site that he/she has been employed by the owner to maintain.
OCCUPANCY
The classification of the occupancy/use of a building, portion of a building, or a lot, as defined in Chapter 3, Use and Occupancy Classification, of the Building Code of New York State.
OWNER/OCCUPANT
Owner of a residential property which same person occupies as his/her primary or secondary residence.
PATIO
A paved area at grade which is accessory to a building and is used for recreation (such patio subject to any required permits and licenses). (See "terrace.")
POND
A structure or area on a lot that simulates or re-creates a body of water in its natural state with respect to the environment, and that contains water over 24 inches (610 mm) deep. (Ponds shall be considered as swimming pools for the purposes of codes or ordinances regulating fencing, distance from overhead wires, discharge of water affecting neighboring property, and any electrical components. See Section 403-9 C of this Charter.)
REHABILITATION
Any work, as described by the classifications of work defined in Chapter K3, Classification of Work, Appendix K, the Building Code of New York State, undertaken in an existing building.
REPLACEMENT DOORS
Complete door units or assemblies of door units that have been designed and constructed to be installed into existing openings without necessitating any change in size of the opening in order to accommodate the replacement, and which do not reduce existing light, ventilation, and required egress parameters by more than 5% and do not affect accessibility.
REPLACEMENT IN-KIND
The removal and replacement of existing materials, elements, equipment and/or fixtures using new materials, elements, equipment and/or fixtures of the same type that serve the same purpose and are located in the same physical location as the replaced materials. Reference the definition "renovation" under "classification of work" in this section, above. Replacement in-kind describes work creating less change than renovation work, in that it describes the use of "materials, etc., of the same type that serve the same purpose," whereas "renovation" describes only "materials, etc. that serve the same purpose" (where in both cases the "materials, etc.," and their uses and installations must be located in the same physical location as those being replaced, and must meet the requirements of all applicable codes).
REPLACEMENT WINDOWS
Complete window units or assemblies of window units that have been designed and constructed to be installed into existing openings without necessitating any change in size of the opening in order to accommodate the replacement, and which do not reduce existing light, ventilation, and required egress parameters by more than 5% and do not affect accessibility.
RESIDENTIAL
One- and two-family dwellings and their accessory buildings, structures and lots.
SIDEWALK
On City right-of-way (or mostly on City right-of-way): a public paved pathway at grade, for pedestrians which extends all along block frontage. (See "walkway.")
SITE
With reference to permit fees: that portion of a lot or property that is not covered by buildings, accessory or incidental buildings, building overhangs creating covered areas, or accessory or incidental structures. "Site" generally describes the locus of work beyond or outside the confines of the building or structure (i.e., the property and improvements such as sidewalks, parking lots, landscape areas and driveways, which surround a building or structure).
SWIMMING POOLS
From the Building Code of New York State, Section 3109 Swimming Pools, Paragraph 3109.2, Definition: "Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground pools; hot tubs; spas and fixed-in-place wading pools."
SYSTEM
All the materials, parts, elements, components, and assemblies which comprise an integrated installation and perform a specific function or service.
TERRACE
A level paved area on sloped grade which is accessory to a building, and which, singularly or in series, provides a level area or contiguous level areas, used for recreation and/or as a transition between grades (with or without intervening stairs). (See "patio.")
UNDERWRITERS' LABORATORY (U/L)
One of many testing agencies accredited by the Federal Department of Weights and Measures, which designs and performs tests of materials, assemblies, and products, according to standards regulated by the American Society for Testing and Materials (ASTM) to ascertain and certify such materials, assemblies, and products as uniformly and consistently capable of providing the safety, strength, durability, function, service, task, etc., that they have been designed to provide. The Underwriters' Laboratory also does periodic oversight of the quality control systems of manufacturing processes creating materials, assemblies, and products.
USE PERMIT
Any permit describing a change of purpose or level of activity at, and the attendant physical changes at a property, which, when properly approved, issued, inspected, closed, and certified according to applicable codes, executes and legally effects a change of occupancy of a building, portion of a building, structure, or a lot.
UTILITY/MISCELLANEOUS BUILDINGS AND STRUCTURES
Buildings and structures of an accessory character and miscellaneous structures, any of which are not classified in any specific occupancy as defined in Chapter 3, Use and Occupancy Classification, of the Building Code of New York State (BCNYS). Such buildings and structures shall be constructed, equipped and maintained to conform to the requirements of the BCNYS commensurate with the fire and life hazard incidental to their occupancy.
WALKWAY
On private property: a paved pathway, at grade for pedestrians, whether level or sloped. "Walkway" does not include any accessible ramp. (See "sidewalk.")
A. 
With reference to buildings, covered open areas, accessory buildings, and accessory and incidental structures at properties: the square-foot area within which the work is to be done, as defined by the Building Code Of New York State.
B. 
With reference to sites, i.e., areas not built upon or over, at properties (see "site"): the square-foot area which will be serviced by the work to be done.
YARD, SIDE STREET SIDE
On a corner lot: a side yard of a corner lot which fronts on a street is called a "side street side yard;" any side street side yard is considered as an additional front yard for the purposes of yard requirements, fencing regulations, and any other zoning regulations in this Charter which control or affect front yards. (See § 511-115A.)
[1]
Editor's Note: This ordinance also renumbered former § 103-2, Permit required; exceptions, as § 103-2.1.
[Amended 6-8-1993, effective 6-21-1993; 7-20-2004, effective 8-2-2004]
No person, firm or corporation shall, within the City of Buffalo, renovate, alter, reconstruct, occupy or use for any purpose, extend or enlarge, move, erect, place, or demolish or remove any building, structure, or site until he shall have first procured a permit so to do; provided, however, that no permit shall be necessary where the work parameters fall completely and solely within work descriptions in § 103-2.3. Any person desiring permission to renovate, alter, reconstruct, occupy or use for any purpose, extend or enlarge, move, erect, place, demolish or remove such building, structure, or site or any part of such building, structure, or site in any portion of the City shall first present to the Commissioner the application required in § 103-3 of this article, and a signed copy of the contract between the homeowner and authorized agent, architect, engineer or contractor employed in connection with the proposed work when applicable, and, if the Commissioner shall approve the same, he shall attach his approval thereof and issue the permit within 60 days of such approval subject to all provisions of law and ordinance.
[Added 7-20-2004, effective 8-2-2004]
A. 
All work, materials, parts, elements, components, finishes, equipment and/or fixtures, assemblies and systems shall comply with the requirements of the Building Codes of New York State irrespective of the requirement for a building permit or payment of a building permit fee.
B. 
All work shall comply with the provisions of the codes and ordinances of this Charter irrespective of requirement for a building permit or payment of a building permit fee.
C. 
All work is subject to all other applicable approvals and reviews and their attendant fees irrespective of requirement for a building permit or payment of a building permit fee.
D. 
The owner of a building, structure or lot is the primary responsible party in building permit and building permit fee matters. The use or employment of any agent, a licensed architect or licensed structural engineer, or a licensed contractor, does not obviate the owner's responsibilities.
[Added 7-20-2004, effective 8-2-2004]
A. 
Demolition:
(1) 
Demolition at existing one- and two-family dwellings in conjunction with sanctioned repair work which is limited to:
(a) 
Removal of finishes and trims as well as carpeting, tiling, cabinets and countertops;
(b) 
Demolishing non-fire-rated, non-load-bearing or structural interior and exterior parts, elements and components, provided that such demolition does not affect exiting or egress;
(c) 
Demolishing equipment and/or fixtures, provided that they are not part of an in-service fire protection, detection or alarm system or they affect exiting or egress; and
(d) 
Demolishing single-story, detached sheds, storage buildings, playhouses, similar-sized buildings of utility/miscellaneous use of up to and including 144 square feet of ground surface coverage or playground equipment. However, if such a single-story, detached shed, storage building, playhouse, similar-sized building of utility/miscellaneous use of up to and including 144 square feet of ground surface coverage or playground equipment has any perimeter wall or any part, element, component, assembly or system which is on a property line, or shares or is part of a common wall with another building or structure, a demolition permit is required.
(2) 
Also, if a demolition involves any part of a fence around a swimming pool, a fencing permit is required.
(3) 
Homeowners and appropriately licensed handymen, contractors, and construction managers may perform such demolitions without applying for and obtaining a demolition permit and paying demolition permit fees.
(4) 
All other demolitions require a demolition permit and the payment of a demolition permit fee. See flat fee and area-calculated fee schedules.
(5) 
No work involving the removal or containment of asbestos-containing materials (ACM's) may be done without first obtaining an asbestos abatement permit and paying asbestos abatement permit fees.
B. 
General construction:
(1) 
Repairs to the exteriors and interiors of existing one- and two-family dwellings which do not involve or affect:
(a) 
Damage resulting from a fire;
(b) 
Load-bearing and structural parts, elements, components, assemblies or systems;
(c) 
Removal or cutting away of a wall, partition, or portion thereof;
(d) 
Exiting;
(e) 
Tenant separations;
(f) 
Fire separations;
(g) 
The removal from service of fire protection systems, or portions of fire protection systems, for any period of time;
(h) 
Enlargement, alteration, replacement, or relocation of any building system; and
(i) 
Fences surrounding a swimming pool or a pond, either of which is over two feet deep.
Homeowners and appropriately licensed handymen, contractors, and construction managers may make such general construction repairs, consistent with the definition of "repairs," without applying for and obtaining a building permit and paying building permit fees.
(2) 
Repairs to the exteriors and interiors of existing commercial buildings which do not involve or affect:
(a) 
Damage resulting from a fire;
(b) 
Load-bearing and structural parts, elements, components, assemblies or systems;
(c) 
Removal or cutting away of a wall, partition, or portion thereof;
(d) 
Exiting;
(e) 
Tenant separations;
(f) 
Fire separations;
(g) 
The removal from service of fire protection systems, or portions of fire protection systems, for any period of time;
(h) 
Enlargement, alteration, replacement, or relocation of any building system; and
(i) 
Fences surrounding a swimming pool or a pond, either of which is over two feet deep.
Appropriately licensed contractors and construction managers may make such general construction repairs, consistent with the definition of "repairs," without applying for and obtaining a building permit and paying building permit fees.
(3) 
Renovations to the interiors of existing one- and two-family dwellings which do not involve or affect:
(a) 
Damage resulting from a fire;
(b) 
Structural parts, elements, components, systems, assemblies or systems;
(c) 
Removal or cutting away of a wall, partition, or portion thereof;
(d) 
Exiting;
(e) 
Tenant separations;
(f) 
Fire separations;
(g) 
The removal from service of fire protection systems, or portions of fire protection systems, for any period of time;
(h) 
Enlargement, alteration, complete replacement, or relocation of any building system;
(i) 
Fences surrounding a swimming pool or a pond, either of which is over two feet deep; and
(j) 
Any current legal use or occupancy.
Homeowners and appropriately licensed handymen, contractors, and construction managers may make such general construction renovations, consistent with the definition of "renovations," without applying for and obtaining a building permit and paying building permit fees.
(4) 
Renovations to the interiors of existing commercial buildings which do not involve or affect:
(a) 
Damage resulting from a fire;
(b) 
Structural components, systems, assemblies or systems;
(c) 
Removal or cutting away of a wall, partition, or portion thereof;
(d) 
Exiting;
(e) 
Tenant separations;
(f) 
Fire separations;
(g) 
The removal from service of fire protection systems, or portions of fire protection systems, for any period of time;
(h) 
Enlargement, alteration, complete replacement, or relocation of any building system;
(i) 
Fences surrounding a swimming pool or a pond, either of which is over two feet deep; and
(j) 
Any current legal use or occupancy.
Appropriately licensed contractors and construction managers may make such general construction renovations, consistent with the definition "renovations," without applying for and obtaining a building permit and paying building permit fees.
(5) 
New installations at existing one- and two-family dwellings which are limited to:
(a) 
Manufactured awnings;
(b) 
Above-ground pools which are under two feet deep;
(c) 
Ponds which are under two feet deep; and
(d) 
Movable partitions under five feet nine inches in height or movable cases under five feet nine inches in height.
Homeowners and appropriately licensed handymen, contractors, and construction managers may make such new installations at one- and two-family dwellings without applying for and obtaining a building permit and paying building permit fees, provided that such installation does not affect exiting, provided that the construction, materials, parts, elements, components, finishes, assemblies and systems comply with the applicable provisions of the building, fire and life safety codes, and provided that the capacity of the existing floor structure and related parts, elements, components, assemblies and systems can support the additional load imposed by such installation.
(6) 
New installations at existing commercial buildings which are limited to:
(a) 
Movable partitions under five feet nine inches in height or movable cases under five feet nine inches in height.
Maintenance personnel, appropriately licensed contractors, and construction managers may make such new installations in existing commercial buildings without applying for and obtaining a building permit and paying building permit fees, provided that such installation does not affect exiting, provided that the construction, materials, parts, elements, components, finishes, assemblies and systems comply with the applicable provisions of the building, fire and life safety codes, and provided that the capacity of the existing floor structure and related parts, elements, components, assemblies and systems can support the additional load imposed by such installation.
(7) 
Exterior or interior surface painting and coating at existing one- and two-family dwellings. Homeowners and appropriately licensed handymen, contractors, and construction managers may paint or coat existing surfaces at existing one- and two-family dwellings without applying for and obtaining a building permit and paying building permit fees, provided that the applied finishes comply with the applicable building, fire and life safety code provisions.
(8) 
Exterior or interior surface painting and coating at existing commercial buildings.
(a) 
Appropriately licensed contractors and construction managers may paint or coat existing surfaces at existing commercial buildings without applying for and obtaining a building permit and paying a building permit fee, provided that the applied finishes comply with the applicable building, fire and life safety code provisions.
(b) 
All work involving fireproofing repair, renovation, or application requires a building permit and the payment of building permit fees.
(9) 
Repair, renovation or installation of flooring material in existing one- and two-family dwellings which is limited to:
(a) 
Pad and carpet;
(b) 
Vinyl sheet goods;
(c) 
Vinyl tile;
(d) 
Ceramic tile;
(e) 
Quarry tile;
(f) 
Porcelain tile;
(g) 
Stone tile;
(h) 
Stone slabs;
(i) 
Wood tile; and
(j) 
Wood strip plank.
Homeowners and appropriately licensed handymen, contractors, and construction managers may repair, renovate, or install such flooring material in existing one- and two-family dwellings without applying for and obtaining a building permit and paying building permit fees, provided that the capacity of the existing floor structure and related parts, elements, components, assemblies and systems can support the additional load imposed by such flooring and its related parts, elements, components, assemblies and systems, and provided that such flooring, its finish and related parts, elements, components, assemblies and systems comply with applicable building, fire and life safety code provisions.
(10) 
Repair, renovation or installation of flooring material in existing commercial buildings which is limited to:
(a) 
Pad and carpet;
(b) 
Vinyl sheet goods;
(c) 
Vinyl tile;
(d) 
Ceramic tile;
(e) 
Quarry tile;
(f) 
Porcelain tile;
(g) 
Stone tile;
(h) 
Stone slabs;
(i) 
Wood tile; and
(j) 
Wood strip plank.
Appropriately licensed contractors and construction managers may repair, renovate, or install such flooring material in existing commercial buildings without applying for and obtaining a building permit and paying building permit fees, provided that the capacity of the existing floor structure and related parts, elements, components, assemblies and systems can support the additional load imposed by such flooring and its related parts, elements, components, assemblies and systems, and provided that such flooring, its finish and related parts, elements, components, assemblies and systems comply with applicable building, fire and life safety code provisions.
(11) 
Repair, renovation or installation of wall finish material at existing one- and two-family dwellings which is limited to:
(a) 
Wall covering and wall paper;
(b) 
Ceramic tile;
(c) 
Quarry tile;
(d) 
Porcelain tile;
(e) 
Stone tile;
(f) 
Stone slabs;
(g) 
Wood tile;
(h) 
Wood strip plank;
(i) 
Metal tile or sheeting; and
(j) 
Plaster or drywall.
Homeowners and appropriately licensed handymen, contractors, and construction managers may repair, renovate, or install such wall finish material in existing one- and two-family dwellings without applying for and obtaining a building permit and paying building permit fees provided that renovation or installation of such finishes does not affect fire separations, provided that the capacity of the existing structure and related parts, elements, components, assemblies and systems can support the additional load imposed by such wall finish material and its related parts, elements, components, assemblies and systems, and provided that such wall finish material, its finish and related parts, elements, components, assemblies and systems comply with applicable building, fire and life safety code provisions.
(12) 
Repair, renovation or installation of wall finish material in existing commercial buildings which is limited to:
(a) 
Wall covering and wallpaper;
(b) 
Ceramic tile;
(c) 
Quarry tile;
(d) 
Porcelain tile;
(e) 
Stone tile;
(f) 
Stone slabs;
(g) 
Wood tile;
(h) 
Wood strip plank;
(i) 
Metal tile or sheeting; and
(j) 
Plaster or drywall.
Appropriately licensed contractors and construction managers may repair, renovate, or install such wall finish material in existing commercial buildings without applying for and obtaining a building permit and paying building permit fees, provided that renovation or installation of such finishes does not affect fire separations, provided that the capacity of the existing structure and related parts, elements, components, assemblies and systems can support the additional load imposed by such wall finish material and its related parts, elements, components, assemblies and systems, and provided that such wall finish material, its finish and related parts, elements, components, assemblies and systems comply with applicable building, fire and life safety code provisions.
(13) 
Repair, renovation, or installation of cabinetry and trim at existing one- and two-family dwellings which is limited to:
(a) 
Cabinets and soffits;
(b) 
Countertops;
(c) 
Shelving;
(d) 
Work surfaces;
(e) 
Moldings; and
(f) 
Closets.
Homeowners and appropriately licensed handymen, contractors, and construction managers may repair, renovate, or install such cabinetry and trim in existing one- and two-family dwellings without applying for and obtaining a building permit and paying building permit fees, provided that: repair, renovation or installation of such cabinetry and trim does not affect fire separations; provided that the capacity of the existing structure and related parts, elements, components, assemblies and systems can support the additional load imposed by such cabinetry and trim and its related parts, elements, components, assemblies and systems; and provided that such cabinetry and trim, its finish and related parts, elements, components, assemblies and systems comply with applicable building, fire and life safety code provisions.
(14) 
Repair, renovation, or installation of cabinetry and trim at existing commercial buildings which is limited to:
(a) 
Cabinets and soffits;
(b) 
Countertops;
(c) 
Shelving;
(d) 
Work surfaces;
(e) 
Moldings; and
(f) 
Closets.
Appropriately licensed contractors and construction managers may repair, renovate, or install such cabinetry and trim in existing commercial buildings without applying for and obtaining a building permit and paying building permit fees provided that: repair, renovation or installation of such cabinetry and trim does not affect fire separations; provided that the capacity of the existing structure and related parts, elements, components, assemblies and systems can support the additional load imposed by such cabinetry and trim and its related parts, elements, components, assemblies and systems; and provided that such cabinetry and trim, its finish and related parts, elements, components, assemblies and systems comply with applicable building, fire and life safety code provisions.
(15) 
Repair, renovation or installation of landscaping at existing one- and two-family dwelling sites which is limited to:
(a) 
Plant materials, including seeds, bulbs, flowers, shrubs and trees;
(b) 
Ground covers;
(c) 
Grass or sod;
(d) 
Precast concrete, masonry or masonry or stone units used in assemblies and systems less than two feet in height for incidental retention of landscaping beds; and
(e) 
Fences (except any fences which surround a pool or a pond, either of which is over two feet deep; such fences require a permit).
Homeowners and appropriately licensed handymen, contractors, and construction managers may repair, renovate, or install such landscaping at existing one- and two-family dwelling sites without applying for and obtaining a building permit and paying building permit fees. However, no such repairs, renovation or installation shall adversely alter drainage patterns to the detriment of adjoining properties, obstruct exiting or egress, violate local ordinances or codes, create a nuisance, create a fire or other hazard, or create a dangerous condition.
(16) 
Repair, renovation or installation of landscaping at existing commercial building sites which is limited to:
(a) 
Plant materials, including seeds, bulbs, flowers, shrubs and trees;
(b) 
Ground covers;
(c) 
Grass or sod;
(d) 
Precast concrete, masonry or masonry or stone units used in assemblies and systems less than two feet in height for incidental retention of landscaping beds; and
(e) 
Fences (except any fences which surround a pool or a pond, either of which is over two feet deep; such fences require a permit).
Appropriately licensed contractors and construction managers may repair, renovate, or install such landscaping at existing commercial building sites without applying for and obtaining a building permit and paying building permit fees. However, no such repairs, renovation or installation shall adversely alter drainage patterns to the detriment of adjoining properties, obstruct exiting or egress, violate local ordinances or codes, create a nuisance, create a fire or other hazard, or create a dangerous condition.
(17) 
Repair, renovation or installation of cast-in-place concrete flatwork, asphalt paving, precast paving units, brick paving units and stone paving units at existing grades at existing one- and two-family dwelling sites which is limited to:
(a) 
Walkways;
(b) 
Terraces;
(c) 
Patios;
(d) 
Driveways; and
(e) 
Parking areas (except front parking pads, which are not permitted).
Homeowners and appropriately licensed handymen, contractors, and construction managers may repair, renovate, or install such flatwork or paving at existing one- and two-family dwelling sites without applying for and obtaining a building permit and paying building permit fees. However, no such repairs, renovation or installation shall adversely alter drainage patterns to the detriment of adjoining properties, violate local ordinances or codes, create a nuisance, create a fire or other hazard or create a dangerous condition.
(18) 
Repair, renovation or installation of cast-in-place concrete flatwork, asphalt paving, precast paving units, brick paving units and stone paving units at existing grades at existing commercial building sites for work that is limited to:
(a) 
Walkways;
(b) 
Terraces; and
(c) 
Patios.
Appropriately licensed contractors and construction managers may repair, renovate, or install such flatwork or paving at existing commercial building sites without applying for and obtaining a building permit and paying building permit fees. However, no such repair, renovation or installation shall adversely alter drainage patterns to the detriment of adjoining properties, violate local ordinances or codes, create a nuisance, create a fire or other hazard or create a dangerous condition.
(19) 
Repair, renovation or construction of storage sheds, playhouses, similar utility/miscellaneous buildings and playground equipment at existing one- and two-family dwellings. Homeowners and appropriately licensed handymen, contractors, and construction managers may repair, renovate, or construct such a single story, detached storage shed of up to 144 square feet of ground surface coverage, similar-sized and configured buildings of utility/miscellaneous use or playground equipment without applying for and obtaining a building permit and paying building permit fees. However, no such shed, similar-sized building of utility/miscellaneous use or playground equipment shall adversely alter drainage patterns to the detriment of adjoining properties, be in violation of the building or other applicable code, be in violation of the zoning ordinances, create a fire or other hazard, create a dangerous condition or create a nuisance.
(20) 
Construction of temporary motion-picture, television, and theater stage sets and scenery at existing commercial buildings or sites.
(a) 
Appropriately licensed contractors and construction managers may construct temporary motion-picture, television, and theater stage sets and scenery at existing commercial buildings without applying for and obtaining a building permit and paying building permit fees. However, no such temporary motion-picture, television, and theater stage sets and scenery at existing commercial buildings shall adversely alter drainage patterns to the detriment of adjoining properties, be in violation of the building or other applicable code, be in violation of the zoning ordinances, create a fire or other hazard, create a dangerous condition or create a nuisance.
(b) 
All nonexempted electrical, plumbing and fuel devices work associated with the renovation or construction of such temporary motion-picture, television, and theater stage sets and scenery requires a building permit(s) and the payment of a building permit fee(s).
C. 
Even when general construction building permits are not required, all parts, elements, components, assemblies and systems parts used for general construction repairs, renovations, and Construction must conform to current BCNYS building and fire prevention code requirements and City Charter, codes and ordinances.
D. 
All other general construction work requires a building permit and the payment of building permit fees. See Flat Fee and Area-Calculated Fee Schedules.[1]
[1]
Editor's Note: See Ch. 175, Fees.
[Added 7-20-2004, effective 8-2-2004]
Building permits shall be required for all work done in the City that is not exempted in § 103-2.3, Terms and conditions under which building permits and building permit fees are not required, above.
[Added 7-20-2004, effective 8-2-2004]
A. 
Building permit fees shall be charged for all building and related work done in the City that is not exempted from such fees in § 103-2.3.
B. 
A fee as provided in Chapter 175, Fees, shall be collected with each application, for application and examination of plans and specifications, and such fee shall not be returned to the applicant. In addition to the above application fee, a permit fee, to be paid for the issuance of the permit, inspection of work, and closeout, shall be collected as provided in Chapter 175, Fees.
C. 
For purposes of determining the proper fee for area-calculated fees, the work area is the square-foot area within which the work is to be done, as defined by the Building Code of New York State. The use or occupancy is such legally created as use or occupancy as defined in the Building Code of New York State, Chapter 3, Use and Occupancy Classification.
A. 
Application for a building permit shall be made to the Commissioner in such form as the Commissioner shall prescribe.
B. 
The application must be made by an authorized agent, architect, engineer, licensed home improvement salesman, construction manager, or contractor employed in connection with any or part of the proposed work. Note: The owner of a building, structure or lot is the primary responsible party in building permit and building permit fee matters. The use or employment of any agent, licensed architect or engineer, or a licensed contractor does not obviate the owner's responsibilities.
[Amended 2-21-1995, effective 3-2-1995; 7-20-2004, effective 8-2-2004]
C. 
The application must be made by the owner when the work is being performed solely by the owner.
[Added 2-21-1995, effective 3-2-1995]
A. 
The application shall contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building or structure; the names, addresses, phone numbers, and fax numbers of the owner and the applicant, agent, contractor, construction manager, site contact, architect, structural engineer, principal for a design professional, and tenant agent, if applicable; and those of the responsible employees if the owner is a corporate body.
[Amended 7-20-2004, effective 8-2-2004]
B. 
The application shall contain the estimated cost of the proposed work.
C. 
The application may also contain such other information as may reasonably be required by the Commissioner to establish the compliance of the proposed work with the requirements of the International Family of Building Codes of New York State, the requirements of this Charter, and the requirements of other applicable building laws, ordinances and regulations.
[Amended 7-20-2004, effective 8-2-2004]
D. 
Construction documents submitted and/or required under the Building Code of New York State shall have included an affidavit as part of the construction documents submission in such form as the Commissioner of the Department of Permits and Inspection Services shall prescribe. Such affidavit shall have the following minimum information thereon, as applicable:
[Added 7-20-2004,[1] effective 8-2-2004]
(1) 
Project address, including assessed address, also-known-as addresses and zip code;
(2) 
Location of building on lot;
(3) 
Brief description of project, and code approach taken;
(4) 
Seismic category;
(5) 
Total building area;
(6) 
Number of stories (including basements and cellars used as a story);
(7) 
Building construction type(s);
(8) 
Location of project by floor and key plan;
(9) 
Adjacent occupancies;
(10) 
Affected fire separations;
(11) 
Occupancy/use category(ies) in building or structure;
(12) 
Square foot totals of work area(s) for each use/occupancy classification;
(13) 
Square foot work area total for site work;
(14) 
Square foot total of all areas serviced by plumbing storm drainage site work;
(15) 
Classification(s) of work being done;
(16) 
Exiting diagram;
(17) 
Structural loads; and
(18) 
The names, addresses, phone numbers, and fax numbers of the owner, of the architect or structural engineer, and those of the responsible employees if the owner is a corporate body.
[1]
Editor's Note: This ordinance also redesignated former Subsection D as Subsection H.
E. 
Construction documents submitted and/or required under the Building Code of New York State shall include a Code Review Checklist, as applicable.
[Added 7-20-2004, effective 8-2-2004]
F. 
Construction documents submitted and/or required under the Building Code of New York State shall contain a list special inspections, as applicable, required by the Code for the project, and a corresponding list of inspectors qualified to do the special inspections.
[Added 7-20-2004, effective 8-2-2004]
G. 
Construction documents submitted and/or required under the Building Code of New York State shall contain Energy Code Calculations, as applicable, required by the code.
[Added 7-20-2004, effective 8-2-2004]
H. 
The application shall indicate whether the proposed work will cause the removal of or damage to any existing trees over four inches in diameter when measured at a point of four feet in height on the site of work or improvement. If such removal or damage is indicated, then the application shall include a list of all existing trees over four inches in diameter when measured at a point of four feet in height, with the type and dimensions of each, and replacement shall be mandated in accordance with § 421-26A(9) of this Code.
[Added 6-19-1990, effective 7-2-1990; amended 7-20-2004, effective 8-2-2004]
A permit application shall be deemed to be abandoned and may be destroyed three months after date of filing unless a permit shall have been issued or an extension granted by the Commissioner for reasonable cause.
A. 
The Commissioner shall examine or cause to be examined all completed applications for permits and the plans, specifications, documents and any amendments filed therewith and shall accept, in whole or in part, or reject the completed application within 60 days after filing.
B. 
Upon acceptance of the application and receipt of required fees and any required insurance or bonds, the Commissioner shall issue a building permit. The building permit shall be a form prescribed by the Commissioner and shall be signed by the Commissioner.
(1) 
The building permit may only be issued to either an appropriately City-licensed contractor, in the case of work done by a contractor, to an appropriately City-licensed primary contractor, in the case of work being done on a project by two or more appropriately City-licensed contractors, or to an owner, in the case of work being done by the owner.
[Added 7-20-2004, effective 8-2-2004]
C. 
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 laws, ordinances and regulations, the Commissioner shall reject the same and shall return the plans and specifications to the applicant with written notice of the reasons for rejection.
D. 
Partial permit. The Commissioner may issue a permit for the construction of a part of a building or structure before the plans and specifications for the entire building or structure have been submitted or accepted, provided that adequate information and detailed statements have been filed. The granting of a partial permit shall not relieve the applicant of the requirement to submit a complete set of plans and specifications to obtain a final building permit. Construction shall not proceed beyond the scope of the partial permit until a permit is issued for the remainder of the work.
E. 
The Commissioner may attach conditions to the issuance of the permit to assure compliance with applicable building regulations.
F. 
The Commissioner may require the approval of other departments or agencies prior to the issuance of a building permit.
G. 
No demolition permit may be issued for any premises until such premises have been inspected by the Superintendent of Rodent Control, or his agents, and a written report filed with the Commissioner of Inspections and Licenses that the particular premises are free of rat infestation.
H. 
Applications for demolition, partial demolitions that may affect the exterior of the property and asbestos abatement shall be subject to Office of Strategic Planning and Preservation Board review. The review will require additional documentation and information to be supplied by the applicant.
[Added 7-22-2003, effective 8-4-2003]
(1) 
To facilitate public awareness, a sign shall be hung in a conspicuous location clearly visible from the street. In the event that the building is located on a corner or has two frontages, two signs shall be placed in clearly visible locations on each side of the building facing the street. The signs shall identify the building as being the subject of a pending demolition. The signs shall identify the Office of Strategic Planning/Preservation Board, its address and telephone number as a source of additional information. The signs should also contain the name and telephone number of an authorized representative of the applicant who can provide basic information about the proposed demolition. The signs are to be in place for a period of 10 business days.
(a) 
The signs will be provided by the Commissioner of Permit and Inspection Services in a size and format to be determined by the Commissioner.
(2) 
The applicant should provide two photographs of each building located on the parcel with the structure to be demolished, indicating the buildings to be demolished and the assessed address of any additional building.
(3) 
The applicant should provide two photographs of buildings on each adjacent parcel and indicate their assessed addresses.
(4) 
The applicant should complete and submit Part I of the short environmental assessment form. As part of the review by the Office of Strategic Planning, a proposed demolition application may require the submission of a full environmental assessment form.
(5) 
The Office of Strategic Planning/Preservation Board shall consider every application for demolition and or asbestos removal within 30 days. This applies only for those properties not under the jurisdiction of the Buffalo Preservation Board. A longer period may apply for applications within the jurisdiction of the Buffalo Preservation Board or if the time is extended by court order.
(6) 
The review process may be waived by the Commissioner of Permit and Inspection Services in the event the application is for home remodeling and or reconstruction as long as the exterior of the property is unaffected.
(7) 
Except for designated landmarks or buildings within preservation districts, single-story garages which are designed for up to three cars and which are designed expressly for use as automobile storage shall be exempt from the review process.
I. 
No demolition permit may be issued for any premises until a sidewalk survey inspection has been done and included as part of the demolition permit paperwork submission. The sidewalk survey shall include a drawing of the site and any adjacent City rights-of-way, and shall include the address, the date, the inspector, and a verbal description and photographs of the condition of all affected sidewalks, aprons, and other paved flatwork on the City right-of-way adjacent to the site or potentially affected by the project. A follow-up inspection, including new photos, drawings, and verbal description, shall be done at the completion of all work, and shall be compared to the results from the initial sidewalk inspection to determine what damages, if any, have occurred.
[Added 7-20-2004, effective 8-2-2004]
(1) 
Any damage to existing sidewalks, curbs or streets caused in the performance of demolition work shall be replaced in kind and/or repaired in accordance with the City of Buffalo specifications on file with the office of the Commissioner of Public Works. All remedial work shall be done by the contractor (or owner, in the case of work done by owner) at his own expense, bearing the cost of restoring affected streets and curbs to a good and satisfactory condition.
A. 
All work performed and all materials, parts, elements, components, finishes, equipment and/or fixtures, assemblies and systems used under a permit issued by the Commissioner shall conform to the application, plans and specifications and shall be in accordance with the requirements of the collection of codes of New York State, the requirements of this Charter, and the requirements of any other applicable building laws, ordinances and regulations.
[Amended 7-20-2004, effective 8-2-2004]
B. 
Building permits or copies thereof shall be visibly displayed at the work site and remain visible until the project has been completed.
[Amended 7-20-2004, effective 8-2-2004]
C. 
The Commissioner shall be given at least 24 hours' notice of the start of work under a permit by the applicant.
D. 
All new work shall be located in accordance with the accepted site plan. The owner or applicant shall not change, increase or diminish in area the lot shown on the approved site plan, unless a revised plan showing such changes shall have been filed and accepted by the Commissioner.
E. 
Any permit issued shall expire if the authorized work is not commenced within six months after issuance of the permit or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work. Work shall be considered to be suspended or abandoned if it has not progressed to the extent of at least 5% of the total construction within any one period of three consecutive months.
F. 
For good cause, the Commissioner may extend for a three-month period an expired permit if the applicant or owner makes written request to the Commissioner within one month after the expiration of the permit. Subsequent extensions of three months as may be required may be processed in a like manner.
The Commissioner may revoke a building permit theretofore issued in any of the following instances:
A. 
Where the Commissioner finds that there has been any false statement or misrepresentation as to a material fact in the accepted application, plans or specifications.
B. 
Where the Commissioner finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
C. 
Where the Commissioner finds that the work performed under the permit is not being performed in accordance with the provisions of the accepted application, plans or specifications.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Commissioner.
[Added 7-20-2004, effective 8-2-2004]
Whenever the Commissioner has reasonable grounds to believe that work on any building, structure, or lot is being performed in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of the accepted permit application, plans or specifications and revisions thereof or in an unsafe and dangerous manner or without a required permit, the Commissioner shall notify the owner of the property or the owner's agent to suspend all work, and any such persons shall forthwith stop work and suspend all building activities until the stop-work 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 either by delivering it personally or by posting it conspicuously where the work is being performed and sending a copy of it by mail to the address set forth in the permit application.
[Added 7-20-2004, effective 8-2-2004]
In the event that any work or installation requiring a permit under this or any other chapter is commenced prior to the issuance of the required permit, or if the permit is not posted in conformance with this and other section of this or any other chapter, the fees for the permit shall be double the fees stated in Chapter 175 of the Ordinances of the City of Buffalo. In addition, for residential work, there shall be a fine of $100 for each day for which the permit is not issued or displayed. For commercial work, there shall be in addition to the doubling a fine of $500 for each day for which the permit is not issued or displayed.
[Added 7-20-2004, effective 8-2-2004]
Revenues from the nonpayment of any fee, fine, or cost of service performed by the City of Buffalo Department of Permit and Inspection Services and related departments, such as but not limited to revenues from ordinance violation summonses, $75 reinspection fees, board-up costs, demolition costs, permit fees, and fines, shall be collected as follows: such fees, fines, and services costs for a property which are not paid by May 15 of the current tax year shall be assigned in aggregate to the tax bill for the next tax year for such property.
A. 
Workmens' compensation insurance. Prior to the issuance of any permit under this article, the contractor, or the owner if the owner is the employer of individuals engaged in the construction or renovation work, must provide to the City a certificate of workmen's compensation insurance satisfactory to the Commissioner.
B. 
Disability benefits coverage. Prior to the issuance of any permit under this article, the contractor, or the owner if the owner is the employer of individuals engaged in the construction or renovation work, must provide to the City in a form satisfactory to the Commissioner a certificate showing that payment of disability benefits for employees has been secured.
A. 
Prior to the issuance of any building permit for demolition, the applicant shall provide proof satisfactory to the Commissioner that a comprehensive liability policy exists which covers the demolition work. The Commissioner shall establish minimum limits of insurance. The Commissioner may require that the City be a named or additional insured.
B. 
The Commissioner shall require applicants for a building permit for demolition to provide a performance bond to the City of Buffalo which shall insure completion of the demolition work to the standards established by the City. The value of the performance bond shall be equal to the full demolition cost. The Commissioner may accept a letter of credit or a certified check in substitution for the performance bond. The Commissioner may accept such bond, letter or check from an applicant to cover all work to be done by the contractor within a twelve-month period. The Commissioner may waive such bond, letter or check when there is no material need for such security.
[Amended 7-20-2004, effective 8-2-2004]
C. 
Before the permit is issued, the applicant shall file evidence that the owner or contractor is insured against public liability and property damage in connection with such work of demolition, in the sum of at least $2,000,000 per occurrence for public liability and $1,000,000 per occurrence for property damage.
[Amended 7-20-2004, effective 8-2-2004]
D. 
In addition to the foregoing evidence of insurance, the applicant shall, before any such permit is issued, file a bond with the City of Buffalo guaranteeing the City against any loss or damage by reason of such demolition work. The bond shall be in the amount of $100,000.
E. 
In lieu of the bond required in Subsection D above, the applicant may file with the City a policy of public liability and property damage insurance, in which policy the City of Buffalo is named as an assured. Said policy of insurance shall protect the City against any loss or damage by reason of the work of demolition in the sum of at least $2,000,000 per occurrence for public liability and $1,000,000 per occurrence for damage to property. The aforesaid provisions regarding bond or insurance may be increased on very large or complex projects where the risk is felt to be greater by the Commissioner.
[Amended 7-20-2004, effective 8-2-2004]
F. 
No bond or liability policy shall be required to be filed with the City before the permit is issued to tear down, demolish, wreck or dismantle, in whole or in part, any building not more than 1 1/2 stories in height and with no basement or cellar, provided that the work is done by the individual owner of the building without assistance, and provided that the building is not located within 10 feet of any street line.
[Amended 7-20-2004, effective 8-2-2004]
G. 
Where the owner of a building of not more than 2 1/2 stories in height, or his agent, privately engages any person, firm or corporation to demolish, dismantle, wreck or tear down any building in whole or in part or to assist therein, the person, firm or corporation shall, prior to the issuance of a permit therefor, furnish to the Commissioner of Inspections and Licenses a copy of the contract or agreement therefor, which contract shall clearly state the work to be performed, the total cost thereof to the owner, the time of commencement of the work and the date of completion thereof. The contract shall also contain a clause providing for the rescission of the contract, at the option of the owner, within three days of receipt of an executed copy of the contract by the owner. No permit shall be issued to a contractor in the absence of a written executed agreement between the owner and the contractor.
H. 
The applicant, shall before a permit is issued, provide a bond equal to the full demolition cost, providing that the demolition work shall be completed within 60 days (unless additional time is given by the Commissioner in writing) from the granting of the permit; provided, however, that this bond shall not be required for demolition work ordered by the City of Buffalo unless the specifications upon which bids are taken for such work require the same. Said bond shall be further conditioned for the faithful and complete performance of the contract for the work in strict compliance with the contract. All other provisions of the Code of the City of Buffalo relating to demolitions, including the provisions for various forms of insurance, shall also be applicable in the case of an owner of a building of not more than 2 1/2 stories in height who privately engages any person, firm or corporation to demolish, dismantle, wreck or tear down a building or any part thereof or to assist in its demolition, dismantling, wrecking or tearing down.
[Amended 7-20-2004, effective 8-2-2004]
A. 
No building or structure of any size or character hereinafter referred to in this section shall be erected, placed, enlarged, altered, repaired or rebuilt until an application is filed with the Commissioner and until two sets of plans and specifications therefor have been filed with the Commissioner and approved by the Director of Buildings. A permit issued by the Commissioner and an approved set of plans shall be kept on file with the Commissioner, and one approved set shall be kept on the job until the work is completed.
B. 
Plans must be filed for any reconstruction, alteration, renovation, repair to, or work upon any building or structure which involves changes affecting the size, structural safety and/or public safety thereof. Plans and specifications filed for any and all work involving structural changes and all plans and specifications for new buildings or structures of whatever cost (except residence buildings of gross area of 1,500 square feet or less, not including garages, carports, porches, cellars, uninhabitable basements or uninhabitable attics) and reconstruction, alteration, or renovation to buildings or structures where the cost of such reconstruction, alteration, or renovation exceeds $25,000 must bear the original seal and signature of an architect or engineer licensed to practice in the State of New York. At his discretion, the Commissioner or his designee may require plans with an original seal and signature regardless of the project cost in any instance where there may be structural, engineering, or safety issues.
[Amended 7-20-2004, effective 8-2-2004]
C. 
The Director of Buildings is hereby authorized to prescribe the form and character of the plans and specifications to be filed and the details of the materials and construction to be shown thereon.
D. 
A property survey shall be required for new structures, changes of occupancy/use, additions, enlargements, relocations, fences around pools/ponds over two feet deep, commercial parking lots, front parking pads, commercial driveways, dormers, porches, and decks.
[Amended 7-20-2004, effective 8-2-2004]
[Amended 7-2-2001, effective 7-2-2001; 7-20-2004, effective 8-2-2004]
A. 
A fee as provided in Chapter 175, Fees, shall be collected with each application, and such fee shall not be returned to the applicant. In addition to the above application fee, the fees to be paid for the examination for plans and specifications, issuance of permit and inspection of construction, alterations or repairs shall be as provided in Chapter 175, Fees.
B. 
For purposes of determining the proper fee for area-calculated fees, the work area is the square-foot area within which the work is to be done, as defined by the Building Code of New York State. The use or occupancy is such legally created as use or occupancy as defined in the Building Code of New York State, Chapter 3, Use and Occupancy Classification.
[Amended 5-22-1995, effective 6-2-1995]
A. 
The fees for demolition permits shall be a flat fee or shall be based upon the square foot of the work area(s) of demolition or removal of any building or structure. The fee shall be as provided in Chapter 175, Fees.
[Amended 7-20-2004, effective 8-2-2004]
B. 
The Commissioner shall require an administrative fee for demolitions performed by or on behalf of the City to benefit a property owner. The fee shall be based upon the fair market value of the demolition or the amount charged to the City for such demolition. The fee shall be as provided in Chapter 175, Fees.
C. 
Any individual, corporation or other entity that performs a demolition without first obtaining the proper permit will be assessed a fine in the amount of $1,500, as outlined in Chapter 175, Fees.
[Added 2-22-2005, effective 3-7-2005]
[Added 7-20-2004, effective 8-2-2004]
A. 
Property records research and copying fees:
(1) 
There shall be a fee charged for all copies of City documents requested by persons as part of a project or as part of research for a proposed project. Such requested copies include, but are not limited to, records copies, certified copies, certified copies of certificates, copies of licenses, and duplicates of licenses. There will be a fee charged in addition to the copies fees for research required, if any, to find and assemble the documents to be copied. Fees for property records research and copying are as provided in Chapter 175, Fees.
(2) 
Separate research fees may apply for projects which involve having City staff conduct complete property records research and/or annotation, the application of which fees shall be decided at the direction of the Commissioner of the Department of Permit and Inspection Services or his designee. Such fees shall cover making uncertified or certified copies of pertinent materials requested. Certified copies will be provided upon request. Fees for complete property records research and copying are as provided in Chapter 175, Fees.
B. 
Express plan review: At the direction of the Commissioner of the Department of Permit and Inspection Services or his designee, and depending upon staff availability, the Department may offer the service of express plan review for projects, for a fee. Such express review shall be accomplished after regular working hours or during weekends. Those fees shall be calculated as provided in Chapter 175, Fees.
C. 
Off-hours inspections: At the direction of the Commissioner of the Department of Permit and Inspection Services or his designee, and depending upon staff availability, the Department may offer the service of off-hours inspections for projects, for a fee. Such off-hours inspections shall be accomplished after regular working hours or during weekends. Those fees shall be calculated as provided in Chapter 175, Fees.
D. 
Excessive submissions of plans; re-review charge: When it becomes necessary as a function of the plan review process to review a submitted set of building, electrical, HVAC, or plumbing plans more than the initial review and one follow-up review, the applicant, at the direction of the Commissioner of the Department of Permit and Inspection Services or his designee, shall be assessed a re-review fee for each excessive plan review, which fee is in addition to regular plan review fees, as provided in Chapter 175, Fees.