ARTICLE II. BUILDING PERMIT
Sec. 2-6-51. Required; application.
(a) (1) With the exception of those items in subsection (2) herein, no person shall commence work to construct, enlarge, improve, remove, relocate, demolish, make repairs or alterations costing one-thousand dollars ($1000.00) or more to any building or portion thereof, or install a solid fuel heating appliance, chimney or flue in any dwelling unit, without first obtaining a building permit from the commissioner. A building permit shall be required for any work which must conform to the NYS Uniform Code and/or Energy Code, and shall include, but not be limited to those projects as described within this subsection, and said permit is required prior to the commencement of any such work.
(2) Exemptions. No building permit shall be required for work in any of the following categories:
(i) construction or installation of one story detached structures associated with one(1) or two (2)-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 sq. ft. (13.88 sq. m.), notwithstanding provisions of the Zoning Code of Ordinances;
(ii) installation of swings and other playground equipment associated with a one (1) or two (2)-family dwelling or multiple single-family dwellings (townhouses);
(iii) installation of swimming pools associated with a one (1) or two (2)-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than twenty-four
(24) inches and are installed entirely above ground;
(iv) installation of fences which are not part of an enclosure surrounding a swimming pool;
(v) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(vi) construction of temporary motion picture, television and theater stage sets and scenery;
(vii) installation of window awnings supported by an exterior wall of a one (1) or two (2)-family dwelling or multiple single-family dwellings (townhouses);
(viii) installation of partitions or movable cases less than five feet-nine inches (5'9") in height;
(ix) painting, wallpapering, tiling, carpeting or other similar finish work;
(x) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(xi) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(xii) repairs, provided that such repairs do not involve (A) the removal or cutting away of a load bearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (B) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (C) the enlargement, alteration, replacement or relocation of any building system; or (D) 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 subsection shall not be deemed an authorization for work to be performed in violation of the NYS Uniform Code or Energy Code.
(b) Application for Building Permit. The application shall be made by the owner, agent, architect, engineer or builder employed in connection with the proposed work. Where the application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and the applicant is authorized to make the application. Application for a building permit shall be made to the commissioner in writing on forms provided by the commissioner or otherwise approved by the commissioner, shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner and shall contain, or be accompanied by, at a minimum the following information:
(1) A description of the land and structure or building on which the proposed work is to be performed, as well as a complete description of the proposed work to be performed. The description of the subject property shall include the tax map number, street address of the premises and the occupancy classification of any affected building or structure;
(2) Where applicable, a statement of special inspections prepared in accordance with the provisions of the NYS Uniform Code;
(3) The valuation of the proposed work;
(4) The full name and address of the owner and the applicant and the names and addresses of their responsible officers, if any are corporations, and the name and address of the owner's authorized agent, if any;
(5) At least two (2) sets of construction documents (drawings and/or
specifications) which define the scope of the proposed work; are prepared and signed by a New York State registered architect or licensed professional engineer where so required by the Education Law; indicate with sufficient clarity and detail the nature and extent of the work proposed; substantiate that the proposed work will comply with the NYS Uniform Code and Energy Code; and where applicable , include a site plan drawn to scale that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, widths and grades of adjoining streets, walks and alleys; and the distances between the buildings and structures and lot lines.
Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth within this subsection. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the commissioner in writing or by stamp. One (1) set of the accepted construction documents shall be retained by the commissioner, and one (1) 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. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not commence unless and until a building permit is issued.
(6) A statement that the applicant consents to permit the commissioner, building inspector and employees of the department to enter upon the premises in the manner prescribed in section 2-6-8. Where the application is made by a person other than the owner, the affidavit required herein, shall contain a statement that the owner authorizes the applicant to consent to permit the commissioner, building inspector or employee of the department to enter upon the premises in the manner prescribed in section 2-6-7(f).
(7) Such other information as may be reasonably be required by the commissioner to establish compliance of the proposed work with the requirements of this chapter.