1-1.
Requirement for building permits.
1-1.1.
Permits required prior to commencement of work.
1-1.1.1.
No person, firm or corporation shall commence the relocation, replacement,
demolition, erection, construction, enlargement, alteration, improvement,
removal or change of any required means of egress, rearrangement of
parts of a structure in a manner that affects egress, the removal
from service of all or part of a fire protection system for any period
of time, or conversion of any building, structure or parking lot,
or cause the same to be done, without first obtaining a separate building
permit or quick permit from the Commissioner of Building for each
such building, structure or parking lot, except that no permit shall
be required for work in any of the following exempt categories:
(a)
The installation of swings, playhouses under 144 square feet
in floor area and other playground equipment associated with a one-
or two-family dwelling or multiple single-family dwellings (townhouses);
(b)
The installation of swimming pools associated with a one- or
two-family dwelling or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth of less than 24 inches
and are installed entirely above ground;
(c)
The installation of fences which are not part of an enclosure
surrounding a swimming pool;
(d)
The construction of retaining walls unless such walls support
a surcharge or impound Class I, II or IIIA liquids;
(e)
The construction of temporary motion-picture, television and
theater stage sets and scenery;
(f)
The installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(g)
The installation of partitions or movable cases less than five
feet nine inches in height;
(h)
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(i)
The installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
(j)
The replacement of components of any equipment, provided that
the replacement does not alter the equipment's listing or render it
inconsistent with the equipment's original specifications;
(k)
Repairs, provided that such repairs do not involve (i) the removal
or cutting away of a load-bearing wall, partition, or portion thereof,
or of any structural beam or load-bearing component; (ii) the removal
or change of any required means of egress, or the rearrangement of
parts of a structure in a manner which affects egress; (iii) the enlargement,
alteration, replacement or relocation of any building system; or (iv)
the removal from service of all or part of a fire protection system
for any period of time.
|
The exemption from the requirement to obtain a building permit
for work in any category set forth in this section shall not be deemed
an authorization for work to be performed in violation of the Uniform
Code, the Energy Code or other applicable laws, rules, ordinances
or regulations.
| |
|
New construction will be deemed to have commenced upon the commencement
of the excavation for any foundation or part thereof or the grading
of any land in preparation for authorized work or as determined by
the Commissioner of Building.
| |
|
When authorized by the Commissioner of Building, a quick permit
application may be filed in the Building Department in accordance
with procedures established by the Commissioner of Building.
|
1-1.1.2.
No person, firm or corporation shall commence the installation,
enlargement, relocation, replacement or alteration of any mechanical
equipment, system or component or solid-fuel-burning appliance and
related chimneys, flues, vents and connectors without first obtaining
a separate building permit or quick permit from the Commissioner of
Building for each such equipment, system, system component, solid-fuel-burning
appliance and related chimney, flue, vent or connector.
1-1.2.
Unless actual construction work is begun within six months of
the date of any permit, or in the case of any demolition within two
months, then such permit shall expire by limitation, except that the
Commissioner of Building may postpone such expiration date not more
than six months at his discretion.
1-1.2.1.
Unless work, commenced pursuant to a valid permit, is completed within two years of the commencement of such work, either the permit shall expire and all work completed shall be removed and the premises returned to its original condition, or the permit shall expire and a new permit shall be obtained upon submittal of a new permit application and fees subject to the codes in effect at the time of submittal of the new application. If a new permit is issued for the purpose of completing work under a prior permit, all work associated with the new permit must be completed within six months of the date of issuance of the new permit. Failure to comply with either of these alternatives shall be deemed to be a violation of this chapter and subject to the penalties contained in § 83-1-5. The Commissioner of Building may extend the completion time period for any permit for just cause. Construction shall be deemed to be complete upon the issuance of a certificate of occupancy or certificate of compliance by the Commissioner of Building or his authorized representative.
1-1.3.
A permit may be revoked or suspended because of any false statement
or misrepresentation of material fact in the application or because
of failure to supply additional information required within a reasonable
time or because the work is not being executed in accordance with
the codes, ordinances, laws, rules and regulations of the Town of
Amherst, the state and county laws and regulations applicable, or
in accordance with the approved plans and specifications. Notice of
the revocation or suspension of the permit shall be deemed to be duly
given by service upon a responsible individual in charge at the premises
or by mailing to the post office address of the party to whom the
permit was issued. It shall be unlawful to proceed with any work,
except what may be authorized by the Commissioner of Building, after
revocation or suspension of the permit, and no permit may be reissued
after revocation or suspension while any violation of any code, ordinance,
law, rule or regulation or state and county law or regulation exists.
1-2.
Procedures.
1-2.1.
An application for a building permit shall be made to the Building
Department and shall contain the following information and documents:
1-2.1.1.
A completed "Information for Filing Building Applications" form.
1-2.1.2.
Three copies of a dimensioned site plan to an appropriate scale
showing all structures, parking areas, roads and access points, including
all setbacks, yard separations and building separations. The plot
plan shall include details as to landscaping, drainage, sewage disposal,
utilities and signs, where applicable, and other conditions affecting
the parcel.
1-2.1.3.
Three complete sets of construction documents complying with
the New York State Education Law provisions governing seal and signatures
of licensed engineers and architects. The construction documents (drawings
and/or specifications) shall (1) define the scope of the proposed
work; (2) indicate with sufficient clarity and detail the nature and
extent of the work proposed; and (3) substantiate that the proposed
work will comply with the Uniform Code and the Energy Code.
(a)
All plans for in-ground or partly in the ground swimming pools
of capacity in excess of 2,000 cubic feet shall be designed by a licensed
New York State professional engineer or architect.
(b)
All plans for new or major changes in commercial and/or industrial
buildings, structures or uses or mechanical equipment must contain
a certification by a New York State licensed engineer or architect
that the mechanical plans meet all the provisions of the Uniform Code.
(c)
All plans for buildings, structures, alterations or equipment
subject to the Energy Code must be certified by a licensed professional
that the plans were prepared by him and are in compliance with the
Energy Code.
1-2.1.4.
A description of the proposed work and a statement of the use
or occupancy of all parts of the land and the proposed buildings or
structures.
1-2.1.5.
A curb cut permit with an approved first inspection from the
Amherst Highway Superintendent, if on a Town highway; otherwise, a
highway work permit from the Erie County Highway Department or the
New York State Department of Transportation, whichever is applicable,
shall be submitted.
1-2.1.6.
Approval from the Erie County Health Department if sanitary
waste disposal will be by means of a private disposal system.
1-2.1.7.
Sewer load analysis under seal and signature of a New York State
licensed engineer or architect, except for residential occupancies.
1-2.1.8.
A permit to build from the New York State Department of Environmental
Conservation or the United States Army Corps of Engineers, as appropriate,
if the parcel contains a designated wetland.
1-2.1.9.
Designation of a New York State licensed engineer or architect
to oversee construction and provide certain certifications to the
Commissioner of Building prior to the issuance of a certificate of
occupancy on complex or specialized buildings, structures or equipment
installations.
1-2.1.10.
Any additional information or document required
by the Commissioner of Building as a result of new codes, ordinances,
laws, rules or regulations, variance granted, site plan approvals,
rezonings or conditions peculiar to the given parcel or lot.
1-2.1.11.
The Tax Map number and the street address
of the premises where the work is to be performed;
1-2.1.12.
The occupancy classification of any affected
building or structure;
1-2.1.13.
Where applicable, a statement of special
inspections prepared in accordance with the provisions of the Uniform
Code.
1-2.2.
Any one or more of the above steps may be modified or waived
by the Commissioner of Building if he finds that they are impractical
or unnecessary due to change in existing applicable codes, ordinances
or other laws.
1-2.3.
Any application may be amended or corrected and must be amended
if any change is made in plans or specifications, and no modification
in the actual work may be made until after such amendment of application
and the permit shall have been amended or a new permit issued.
1-2.4.
An application for a building
permit shall be examined to ascertain whether the proposed work is
in compliance with the applicable requirements of the Uniform Code
and Energy Code. The Commissioner of Building shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of local laws, the Uniform Code and the Energy Code. Upon completion
of the processing of an application for a building permit by the Building
Department, the owner or his authorized agent shall sign the application
and pay to the Town Clerk the fees prescribed by this chapter and
other applicable ordinances, laws, rules, resolutions and regulations.
Unless an owner, or an authorized representative of the owner, for
a building permit resolves all outstanding items, signs the building
permit and pays the prescribed fees within six months of the completed
processing date, the application shall expire, all application fees
paid shall be forfeited and the application and all materials submitted
with the application may be destroyed. However, the Commissioner of
Building may extend the application, if in his determination there
are extenuating circumstances that prevented the petitioner from securing
the permit.
(a)
Construction documents which are accepted as part of the application
for a building permit shall be marked as accepted by the Commissioner
of Building in writing or by stamp.
(b)
Upon the issuance of a building permit, one set of the accepted
construction documents shall be retained by the Commissioner of Building,
and one set of the accepted construction documents shall be returned
to the applicant to be kept at the work site so as to be available
for use by the code enforcement personnel. The third set of construction
documents may be provided to the Code Enforcement Official who performs
on-site inspections.
(c)
All work shall be performed in accordance with the construction
documents which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Commissioner
of Building of any change occurring during the course of the work.
The building permit shall contain such a directive. If the Commissioner
of Building determines that such change warrants a new or amended
building permit, such change shall not be made until and unless a
new or amended building permit reflecting such change is issued.
(d)
A quick permit application shall be accompanied with the fees
prescribed by this chapter and other applicable laws, rules and regulations.
The Commissioner of Building shall transmit the fees to the Town Clerk
for payment prior to issuance of the permit.
(e)
No fees shall be required for work undertaken by the United
States of America, State of New York, County of Erie, Town of Amherst
or other governmental entity.
(f)
In the event that work requiring a permit is commenced prior
to the issuance of the permit, the fee for the permit shall be double
the regular rate or $50, whichever is greater. This charge shall be
in addition to any other penalty provided for commencement of work
without a permit.
1-2.5.
The Commissioner of Building shall issue a building permit or
quick permit to the owner or his authorized agent upon filing of a
completed application for permit and payment of the prescribed fees.
1-2.6.
When a permit has expired by limitation or abandonment, such
permit may be returned to the Commissioner of Building for cancellation.
The Commissioner of Building shall be authorized to issue a refund
to the applicant in an amount equal to 50% of the fees paid with a
minimum to be retained of $10, except that no fee shall be refunded
if work has commenced and said permit expired pursuant to Subsection
A(2)(a).
1-2.7.
During the progress of this construction, a set of plans and
specifications bearing the certification, stamp or signature of approval
of the Commissioner of Building shall be kept on the premises involved
at all times, and all work shall be carried out in strict accordance
with such plans and specifications.
1-2.8.
The Commissioner of Building shall establish a registry of persons,
acting as individuals or representatives of firms or corporations,
who are authorized to apply and sign for quick permits. The registry
shall contain the names of individual persons authorized to apply
for quick permits and shall include for each person a home or business
address, business telephone number, photograph, proof of current workers'
compensation and New York State disability coverage and a notarized
signature. An application for quick permit registration shall be filed
with the Commissioner of Building and a registration fee of $50 shall
be paid to the Town Clerk. A person registered in the quick permit
program may file a quick permit application through the mail or by
any other method authorized by the Commissioner of Building. A registration
shall be valid for a period of four years from the date of issuance.
It shall be the responsibility of the registrant to notify the Building
Department of any changes to the required registration information.
1-2.9.
Upon receiving an application for
a demolition permit for a structure with a blue color code as identified
in Appendices 1 and 2 of the Updated Reconnaissance Level Survey of
Historic Resources, dated August 2011 and prepared by KTA Preservation
Specialists/Archaeological Survey, the application shall be referred
to the Historic Preservation Commission (HPC) of the Town of Amherst.
The HPC shall have a maximum of sixty (60) days to review the demolition
permit application, conduct a public hearing if deemed necessary and
render a decision concerning the issuance of the demolition permit.
[Added 5-16-2011 by L.L.
No. 13-2011; amended 2-6-2012 by L.L. No. 1-2012; 2-25-2013 by L.L. No. 4-2013; 3-6-2017 by L.L. No. 6-2017]
a.
The
HPC decision can (1) allow the issuance of the demolition permit without
condition, (2) allow the issuance of the demolition permit with condition(s),
or (3) deny the approval of the issuance of the demolition permit.
b.
If
the HPC imposes a condition(s) before demolition can be granted, such
condition(s) should be clearly noted in the file. In such case, a
signature from the Building Commissioner and a signature from the
HPC Chair will be required before a final demolition permit can be
issued.
c.
If the HPC denies the approval of the demolition permit, the HPC, in accordance with Chapter 121 (Historic Preservation) of the Code of the Town of Amherst, shall prepare and submit a Notice of Proposed Designation to the Town Clerk within thirty (30) days of their decision date to deny the demolition permit. Any decision of the HPC for a demolition permit may be appealed to the Town Board in accordance with § 121-15 of the Code of the Town of Amherst.
2-1.
No person, firm or corporation shall commence any plumbing, drainage
or sewer contracting work in any building, structure or parking lot
or on any premises, or cause the same to be done, without first obtaining
a separate plumbing permit or quick permit from the Commissioner of
Building for each such occurrence. When authorized by the Commissioner
of Building, a quick permit application may be filed in the Building
Department in accordance with procedures established by the Commissioner
of Building.
2-2.
Commencement and completion of work time limits.
2-2.1.
Unless actual construction work is begun within six months of
the date of any permit, then such permit shall expire by limitation,
except that the Commissioner of Building may postpone such expiration
if circumstances beyond the control of the applicant delayed the commencement
of work.
2-2.2.
Unless work, commenced pursuant to a valid permit, is completed within two years of the commencement of such work, either the permit shall expire and all work completed shall be removed and the premises returned to its original condition, or the permit shall expire and a new permit shall be obtained upon submittal of a new permit application and fees subject to the codes in effect at the time of submittal of the new application. If a new permit is issued for the purpose of completing work under a prior permit, all work associated with the new permit must be completed within six months of the date of issuance of the new permit. Failure to comply with either of these alternatives shall be deemed to be a violation of this chapter and subject to the penalties contained in § 83-1-5. The Commissioner of Building may extend the completion time period for any permit for just cause. Construction shall be deemed to be complete upon approval of the final plumbing inspection or upon issuance of a certificate of occupancy or certificate of compliance by the Commissioner of Building or his authorized representative.
2-3.
Procedures.
2-3.1.
Applications for a plumbing permit or quick permit shall be
made to the Commissioner of Building by a licensed master or employing
plumber, a licensed sewer contractor or the homeowner, if approved
by the Commissioner of Building, and shall contain the information
and documents required by him.
2-3.2.
Upon completion of the application for a permit, the master
plumber, sewer contractor or homeowner shall file the application
with the Commissioner of Building and shall pay the fees prescribed
by this chapter and other applicable laws, rules and regulations.
(a)
A quick permit application shall be accompanied by the fees
prescribed by this chapter and other applicable laws, rules and regulations.
The Commissioner of Building shall transmit the fees to the Town Clerk
for payment prior to the issuance of the permit.
(b)
No fees shall be required to be paid pursuant to the provisions
of Article XI of this chapter for work done to eliminate infiltration
or inflow of storm- or surface waters into sanitary sewers pursuant
to the order of the New York State Department of Environmental Conservation.
This exemption shall apply to such work undertaken on and after July
1, 1973. All fees for such work collected on and after July 1, 1973,
shall be refunded.
(c)
In the event that work requiring a permit is commenced prior
to the issuance of the permit, the fee for the permit shall be double
the regular rate or $50, whichever is greater. This charge shall be
in addition to any other penalty provided for commencement of work
without a permit.
2-3.3.
The Commissioner of Building shall issue a plumbing permit or
quick permit to the master plumber, sewer contractor or homeowner
upon filing of a completed application for a permit and payment of
the prescribed fee.
2-3.4.
When a permit has expired by limitation or abandonment, such
permit may be returned to the Commissioner of Building for cancellation.
The Commissioner of Building shall be authorized to issue a refund
to the applicant in the amount equal to 50% of the fees paid, with
a minimum to be retained of $10, except that no fees shall be refunded
if work has commenced and said permit has expired pursuant to Subsection
B(1).
2-3.5.
A plumbing permit may be revoked or suspended because of any
false statement or misrepresentation of material fact in the application
or because of failure to supply additional information required within
a reasonable time or because the work is not being executed in accordance
with the codes, ordinances, laws, rules and regulations of the Town
of Amherst, the state and county laws and regulations applicable,
or in accordance with the approved plans and specifications. Notice
of the revocation or suspension of the permit shall be deemed to be
duly given by service upon a responsible individual in charge at the
premises or by mailing to the post office address of the party to
whom the permit was issued. It shall be unlawful to proceed with any
work, except what may be authorized by the Commissioner of Building,
after revocation or suspension of the permit, and no permit may be
reissued after revocation or suspension while any violation of any
code, ordinance, law, rules or regulation or state and county law
or regulation exists.
2-3.6.
The Commissioner of Building shall establish a registry of persons,
acting as individuals or representatives of firms or corporations,
who are authorized to apply and sign for quick permits. The registry
shall contain the names of individual persons authorized to apply
for quick permits and shall include for each person a home or business
address, business telephone number, photograph, proof of current workers'
compensation and New York State disability coverage and a notarized
signature. An application for quick permit registration shall be filed
with the Commissioner of Building and a registration fee of $50 shall
be paid to the Town Clerk. A person registered in the quick permit
program may file a quick permit application through the mail or by
any other method authorized by the Commissioner of Building. A registration
shall be valid for a period of four years from the date of issuance.
It shall be the responsibility of the registrant to notify the Building
Department of any changes to the required registration information.
3-1.
A fire prevention permit specifying the specific activity or operation
shall be obtained for the following:
|
ACETYLENE GENERATORS: to operate an acetylene generator having
a calcium carbide capacity exceeding five pounds.
| |||
|
AREA OF PUBLIC ASSEMBLY: See Article VII for operating permit.
| |||
|
AUTOMOBILE TIRE REBUILDING PLANTS: to operate an automobile
tire rebuilding plant.
| |||
|
AUTOMOBILE WRECKING YARDS: to operate an automobile wrecking
yard.
| |||
|
BOWLING ESTABLISHMENTS: for bowling pin refinishing and bowling
lane resurfacing operations involving the use and application of flammable
or combustible liquids or materials.
| |||
|
CELLULOSE NITRATE MOTION-PICTURE FILM: to store, keep or have
on hand more than 25 pounds of cellulose nitrate motion-picture film.
| |||
|
CELLULOSE NITRATE PLASTICS:
| |||
|
(a)
|
To store, keep or have on hand more than 25 pounds of cellulose
nitrate plastics.
| ||
|
(b)
|
To manufacture articles of cellulose nitrate plastics, which
shall include the use of cellulose nitrate plastics in the manufacture
or assembling of other articles.
| ||
|
COMBUSTIBLE FIBERS: to store, handle or use combustible fibers
in quantities in excess of 100 cubic feet, except agricultural products
on a farm.
| |||
|
COMBUSTIBLE MATERIALS: to store combustible materials, including
but not limited to empty combustible packing cases, boxes, barrels
or similar containers, rubber tires, baled cotton, rubber, cork or
other similar materials in excess of 2,500 cubic feet gross volume,
on any premises.
| |||
|
COMPRESSED GASES, NONFLAMMABLE: to store, handle or use more
than 6,000 cubic feet of nonflammable compressed gas at normal temperatures
and pressures.
| |||
|
CRYOGENICS: to store, handle, produce, sell or use cryogenic
fluids, except cryogens used as a motor fuel and stored in motor vehicle
tanks.
| |||
|
DISABLING OF FIRE PROTECTION EQUIPMENT: to temporarily disable
any fire protection equipment in accordance with Section 311.2 of
the Fire Code of New York State.
| |||
|
DRY-CLEANING PLANTS: to use in excess of four gallons of solvents
or cleaning agents classified as flammable or combustible.
| |||
|
DUST-PRODUCING PLANTS: to operate any grain elevator, flour,
starch or feed mill, woodworking plant, or plant pulverizing aluminum,
coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials
producing explosive-potential dust.
| |||
|
EXPLOSIVE, AMMUNITION AND BLASTING AGENTS:
| |||
|
(a)
|
To store, keep or have on hand more than 25 pounds of cellulose
nitrate plastics.
| ||
|
(a)
|
To manufacture, possess, store, sell or otherwise dispose of
explosives and blasting agents.
| ||
|
(b)
|
To use explosives or blasting agents.
| ||
|
(c)
|
To operate a terminal for handling explosives or blasting agents.
| ||
|
FIREWORKS DISPLAY (OUTDOORS): for display not given for gain or for admission when a fee is charged. (See Chapter 68, Amusements, for additional fireworks display requirements.)
| |||
|
FLAMMABLE AND COMBUSTIBLE LIQUIDS:
| |||
|
(a)
|
To store, handle or use flammable liquids in excess of 6.5 gallons
inside dwellings or in excess of 10 gallons inside any other building
or other occupancy or in excess of 60 gallons outside of any building.
This provision shall not apply to:
| ||
|
(1)
|
Liquids in the fuel tank of a motor vehicle, aircraft, portable
or stationary engine, boat or portable heating plant.
| ||
|
(2)
|
Paints, oils, varnishes or similar flammable mixtures, when
such liquids are stored for maintenance, painting or similar purposes.
| ||
|
(b)
|
To store, handle or use combustible liquids in excess of 25
gallons inside a building or in excess of 60 gallons outside of a
building. This provision shall not apply to fuel oil used in connection
with oil-burning equipment.
| ||
|
(c)
|
A permit shall be obtained for the initial installation of an
oil burner and a fuel-oil tank used in connection therewith. A permit
shall be required for the replacement of a fuel-oil tank connection
to an oil burner.
| ||
|
(d)
|
For processing, blending or refining of flammable or combustible
liquids.
| ||
|
FLAMMABLE FINISHING: for spraying, coating or dipping operations
utilizing flammable or combustible liquids.
| |||
|
FRUIT-RIPENING PROCESS: to conduct a fruit-ripening process
using ethylene gas.
| |||
|
FUMIGATION AND THERMAL INSECTICIDAL FOGGING: to conduct fumigation
or thermal insecticidal fogging operations.
| |||
|
HAZARDOUS MATERIALS: See Article VII for operating permit.
| |||
|
HAZARDOUS PROCESSES: See Article VII for operating permit.
| |||
|
JUNKYARDS: to operate a junkyard.
| |||
|
LIQUEFIED PETROLEUM GAS: for each installation of liquefied
petroleum gas employing a container or an aggregate of interconnected
containers of over 1,000 gallons' water capacity, and for each permanent
installation, irrespective of size of containers.
| |||
|
LUMBERYARDS: to operate a lumberyard.
| |||
|
MAGNESIUM: for melting, casting, heat treating, machining or
grinding of more than 10 pounds of magnesium per working day.
| |||
|
MATCHES:
| |||
|
(a)
|
To manufacture matches.
| ||
|
(b)
|
To store matches in excess of 25 cases. Note: One case equals
one matchman's gross of 14,000 matches.
| ||
|
ORGANIC COATINGS: to perform organic coating operations utilizing
more than one gallon of organic coating on any working day.
| |||
|
OVENS AND FURNACES: to operate industrial processing ovens and
furnaces operating at approximately atmospheric pressures and temperatures
not exceeding 1,400° F., which ovens are heated with oil or gas
fuel or which, during operation, contain flammable vapors from the
material in the oven or catalytic combustion system.
| |||
|
POTENTIAL HAZARD TO PUBLIC SAFETY: See Article VII for operating
permit.
| |||
|
PYROTECHNIC INDOOR DISPLAYS: See Article VII for operating permit.
| |||
|
SERVICE STATIONS AND REPAIR GARAGES: to operate a service station
or repair garage.
| |||
|
TENTS: to erect a temporary tent in excess of 200 square feet
on any parcel being used for nonresidential purposes.
| |||
|
UNDERGROUND STORAGE TANK (UST) REMOVAL: to remove any underground
flammable or combustible liquid storage tank(s).
| |||
|
WELDING AND CUTTING: to operate a welding and cutting business.
A record of all locations where welding or cutting operations are
performed shall be maintained and kept available for inspection by
the permit holder.
| |||
3-2.
Permits shall not be transferable, and any change in activity, operation,
location, ownership or use shall require a new permit.
3-3.
Revocation or suspension of permit.
3-3.1.
A fire prevention permit may be revoked or suspended because
of any false statement or misrepresentation of material fact in the
application or because of failure to supply additional information
required within a reasonable time or because the work is not being
executed in accordance with the codes, ordinances, laws, rules and
regulations of the Town of Amherst, the state and county laws and
regulations applicable, or in accordance with the approved plans and
specifications. Notice of the revocation or suspension of the permit
shall be deemed to be duly given by service upon a responsible individual
in charge at the premises or by mailing to the post office address
of the party to whom the permit was issued. It shall be unlawful to
proceed with any work, except what may be authorized by the Commissioner
of Building, after revocation or suspension of the permit, and no
permit may be reissued after revocation or suspension while any violation
of any code, ordinance, law, rules or regulation or state and county
law or regulation exists.
3-4.
Procedures.
3-4.1.
An application for a fire prevention permit shall be made to
the Commissioner of Building on forms provided or prescribed by him
and shall contain the following information:
(a)
The activity or operation for which a permit is requested, including
location, quantities and methods of storage of any hazardous materials,
substances or devices.
(b)
The address or location where activity or operation is to be
conducted.
(c)
The name and address of the applicant.
(d)
The period of time for which the permit is requested.
(e)
Any additional information or documents required by the Commissioner
of Building because of conditions or circumstances peculiar to the
location, parcel or premises or to the hazardous substances, materials
or devices involved.
3-4.2.
The application for a fire prevention permit shall be upon oath
as to the facts stated therein. The application shall be filed with
the Town Clerk. The fee prescribed by this chapter shall be paid at
the time of filing.
3-5.
A certificate of occupancy issued for a building or structure shall
constitute the fire prevention permit if the activity or operation
requiring a permit is specifically certified as part thereof.
3-6.
The Commissioner of Building shall conduct periodic inspections of
all occupancies for compliance with the provisions of the Uniform
Code and for compliance with the provisions of any fire prevention
permit issued and shall issue appropriate notices or orders citing
all violations and setting time limits for compliance or ordering
such activity or operation to cease until violations are corrected.
4-1.
No person, firm or corporation shall commence any electrical work
involving electrical installation, alterations or repairs of wiring
or fixtures for electrical light, heat, cooling, power and control
on any premises or within or on any building or structure, or cause
the same to be done, without first obtaining a separate electrical
permit or quick permit from the Commissioner of Building for each
such occurrence. When authorized by the Commissioner of Building,
a quick permit application may be filed in the Building Department
in accordance with procedures established by the Commissioner of Building.
4-2.
Commencement and completion of work time limits.
4-2.1.
Unless actual work is begun within six months of the date of
any permit, then such permit shall expire by limitation, except that
the Commissioner of Building may postpone such expiration if circumstances
beyond the control of the applicant delayed the commencement of work.
4-2.2.
Unless work, commenced pursuant to a valid permit, is completed within two years of the commencement of such work, either the permit shall expire and all work completed shall be removed and the premises returned to its original condition, or the permit shall expire and a new permit shall be obtained upon submittal of a new permit application and fees subject to the codes in effect at the time of submittal of the new application. If a new permit is issued for the purpose of completing work under a prior permit, all work associated with the new permit must be completed within six months of the date of issuance of the new permit. Failure to comply with either of these alternatives shall be deemed to be a violation of this chapter and subject to the penalties contained in § 83-1-5. The Commissioner of Building may extend the completion time period for any permit for just cause. Construction shall be deemed to be complete upon the approval of the final electrical inspection or upon issuance of a certificate of occupancy or certificate of compliance by the Commissioner of Building or his authorized representative.
4-3.
Procedures.
4-3.1.
Applications for an electrical permit or quick permit shall
be made to the Commissioner of Building by a licensed master electrician,
residential electrician or the homeowner as specified in the licensing
section of this chapter, and shall contain the information and documents
required by him.
4-3.2.
Upon the completion of the application for an electrical permit,
the licensed master electrician, residential electrician or homeowner
shall file the application with the Commissioner of Building and shall
pay the fees prescribed by this chapter and other applicable laws,
rules and regulations.
(a)
A quick permit application shall be accompanied with the fees
prescribed by this chapter and other applicable laws, rules and regulations.
The Commissioner of Building shall transmit the fees to the Town Clerk
for payment prior to the issuance of the permit.
(b)
In the event that the work requiring a permit is commenced prior
to the issuance of the permit, the fee for the permit shall be double
the regular rate or $50, whichever is greater. This charge shall be
in addition to any other penalty provided for commencement of work
without a permit.
4-3.3.
The Commissioner of Building shall issue an electrical permit
or quick permit upon filing of a completed application for a permit
and payment of the prescribed fees.
4-3.4.
When a permit has expired by limitation or abandonment, such
permit may be returned to the Commissioner of Building for cancellation.
The Commissioner of Building shall be authorized to issue a refund
to the applicant in an amount equal to 1/2 of the total permit fee,
with a minimum to be retained of $10.
4-3.5.
An electrical permit may be revoked or suspended because of
any false statement or misrepresentation of material fact in the application
or because of failure to supply additional information required within
a reasonable time or because the work is not being executed in accordance
with the codes, ordinances, laws, rules and regulations of the Town
of Amherst, state and county laws and regulations applicable or in
accordance with the approved plans and specifications. Notice of the
revocation or suspension of the permit shall be deemed to be duly
given by service upon a responsible individual in charge at the premises
or by mailing to the post office address of the person to whom the
permit was issued. It shall be unlawful to proceed with any work,
except what may be authorized by the Commissioner of Building, after
revocation or suspension of the permit, and no permit may be reissued
after revocation or suspension while any violation of any code, ordinance,
law, rule or regulation or state or county law or regulation exists.
4-3.6.
The Commissioner of Building shall establish a registry of persons,
acting as individuals or representatives of firms or corporations,
who are authorized to apply and sign for quick permits. The registry
shall contain the names of individual persons authorized to apply
for quick permits and shall include for each person a home or business
address, business telephone number, photograph, proof of current workers'
compensation and New York State disability coverage and a notarized
signature. An application for quick permit registration shall be filed
with the Commissioner of Building and the registration fee of $50
shall be paid to the Town Clerk. A person registered in the quick
permit program may file a quick permit application through the mail
or by any other method authorized by the Commissioner of Building.
A registration shall be valid for a period of four years from the
date of issuance. It shall be the responsibility of the registrant
to notify the Building Department of any changes to the required registration
information.
5-1.
All work authorized under a valid building permit, electrical permit,
plumbing permit, or fire prevention permit shall be executed in strict
accordance with plans and specifications previously approved by the
Commissioner of Building. No part of any building, structure, electrical
wiring, parking lot, plumbing and drainage or sewer work shall be
covered or concealed in any way until it has been examined and approved
by the assigned inspector nor shall electrical power be connected
to any building, structure or premises until authorized by the Commissioner
of Building. The permit holder shall notify the Commissioner of Building
when any element of work described in this part is ready for inspection.
5-1.1.
Elements of work to be inspected. The following elements of
the construction process shall be inspected, where applicable:
(a)
Work site prior to the issuance of a building permit;
(b)
Footing and foundation;
(c)
Preparation for concrete slab;
(d)
Framing;
(e)
Building systems, including underground and rough-in;
(f)
Fire-resistant construction;
(g)
Fire-resistant penetrations;
(h)
Solid-fuel-burning heating appliances, chimneys, flues or gas
vents;
(i)
Accessible and usable buildings and facilities;
(j)
Energy Code compliance;
(k)
A final inspection after all work authorized by the building
permit has been completed; and
(l)
Any other inspection required by the Commissioner of Building
for the purpose of determining compliance with all applicable laws,
codes, rules, ordinances and regulations.
5-2.
When the Commissioner of Building or his designated representative finds that the licensed plumber, journeyman plumber, licensed master electrician, residential electrician or occupant-owner as allowed in § 83-4-1 is not at work at any electrical, plumbing or drainage job or that the licensed sewer contractor, journeyman sewerman, master electrician, residential electrician or owner-occupant is not at work on the project subject to the issued permit, he shall not be obliged to call again until another application for inspection is made.
5-3.
In cases that are dangerous from liability of a cave-in or where
there is no room to leave the earth, an application may be made for
a special inspector who will remain upon the job and watch the work
until finished. Special inspectors shall be approved by the Commissioner
of Building and shall be paid by the owner at the prevailing scale
of wages for inspectors in the County of Erie.
5-4.
Notice of each inspection made shall be left by the inspector in
a conspicuous place on the jobsite. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code, Energy Code or this chapter. Work not
in compliance with any applicable provision of the Uniform Code, Energy
Code or this chapter shall remain exposed until such work has been
brought into compliance with all applicable provisions of the Uniform
Code, the Energy Code and this chapter, has been reinspected, and
has been found satisfactory as completed.
5-5.
Whenever an inspector has reasonable grounds to believe that work
on any building, structure, parking lot or premises or in the handling,
storage or use of hazardous substances, materials or devices is being
performed in violation of the provisions of the applicable laws, codes,
ordinances, rules or regulations or not in conformity with the provisions
of an approved plan or specification on the basis of which a building,
plumbing, electrical or fire prevention permit was issued or in an
unsafe or dangerous manner, he shall place a stop order on all work
being performed, or he shall order the handling, storage or use of
hazardous substances, materials or devices to cease, which order may
be served on the owner, or his agent or the responsible party on the
site, and any such person shall forthwith stop such work and suspend
all prohibited activities until the order has been rescinded. The
order shall be in writing, shall state the condition under which the
work may be resumed and may be served upon a person to whom it is
directed either by handing it personally to him or by posting same
upon a conspicuous portion of the building, structure, parking lot
or premises where the work is being performed.
5-6.
The Commissioner of Building, Assistant Commissioner of Building
or an inspector, upon the showing of proper credentials and in the
discharge of his duties, shall be permitted to enter upon any building,
structure, parking lot or premises without interference during reasonable
working hours.
5-7.
Firesafety and property maintenance inspections.
5-7.1.
Inspections required. Firesafety
and property maintenance inspections of buildings and structures shall
be performed by the Commissioner of Building or an inspector designated
by the Commissioner of Building at the following intervals:
A.
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly with an occupant load of
100 persons or more shall be performed at least once every 12 months.
B.
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
C.
Firesafety and property maintenance inspections of all multiple dwellings
not included in Subsection G(1)(a) or (b) of this subsection, and
all nonresidential buildings, structures, uses and occupancies not
included in Subsection G(1)(a) or (b) of this subsection, shall be
performed at least once every 36 months.
5-8.
Failure to make required corrections to work upon the second inspection
shall result in additional inspection fees as required by the appropriate
permit fee schedule.
