Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Except as provided for in section
1202.3(b) of this
Part, a building permit shall be required for any work which must conform to
the Codes. No person shall commence any work for which a building permit is
required without first having obtained a building permit from the
department.
(b) No building permit
shall be required for the categories of work listed below; however, an
exemption from the requirement to obtain a building permit shall not be deemed
an authorization for work to be performed in violation of the Codes:
(1) construction or installation of one-story
detached structures associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses), which are used for tool and storage
sheds, playhouses, or similar uses, provided the gross floor area does not
exceed 144 square feet;
(2)
construction of temporary sets and scenery associated with motion picture,
television, and theater uses;
(3)
installation of window awnings supported by an exterior wall of a one-or
two-family dwelling or multiple single-family dwellings (townhouses);
(4) installation of partitions or movable
cases less than 5'-9" in height;
(5) painting, wallpapering, tiling,
carpeting, or other similar finish work;
(6) installation of listed portable
electrical, plumbing, heating, ventilation, or cooling equipment or
appliances;
(7) replacement of any
equipment provided the replacement does not alter the equipment's listing or
render it inconsistent with the equipment's original specifications;
and
(8) repairs, provided that the
work does not have an impact on fire and life safety, such as:
(i) any part of the structural
system;
(ii) the required means of
egress; or
(iii) the fire
protection system or the removal from service of any part of the fire
protection system for any period of time.
(c) Applications for a building permit may be
obtained from the department. The application shall be signed by the owner of
the building or structure and the owner of the real property, if different than
the owner of building or structure, where the work is to be performed. The
building permit application shall include the following information and
documentation:
(1) a description of the
location, nature, extent, and scope of the proposed work;
(2) the tax map number and the street address
of any affected building or structure;
(3) the occupancy classification of any
affected building or structure;
(4)
where applicable, a statement of special inspections to be prepared in
accordance with the provisions of the Uniform Code;
(5) construction documents (drawings and/or
specifications), prepared in compliance with section
1202.3(d) of this
Part;
(6) any additional submittal
documents in the format and quantity acceptable to the department as required
by the applicable provisions of the Codes;
(7) the climatic and geographic design
criteria as indicated in section
1202.12 of this Part;
and
(8) any other information and
documentation that the department may deem necessary to allow the department to
determine that the proposed work conforms to the Codes.
(d) Construction documents submitted as part
of a building permit application may be submitted in either electronic or hard
copy format, on material suitable to the department, and must be drawn to
scale. The department will not accept or approve construction documents unless
they include sufficient detail showing that they contain the information and/or
documentation required by the applicable provisions of either or both of the
Codes, including but not limited to the following, where applicable:
(1) a description of the location, nature,
extent, and scope of the proposed work;
(2) documentation showing that the proposed
work will conform to the applicable provisions of the Codes;
(3) the location, construction, size, and
character of all portions of the means of egress;
(4) a representation of the building thermal
envelope;
(5) structural information
including, but not limited to, braced wall designs; the size, section, and
relative locations of structural members; design loads; and other pertinent
structural information;
(6) the
proposed structural, electrical, plumbing, mechanical, fire-protection, and
other service systems of the building;
(7) a written statement indicating compliance
with the Energy Code;
(8) a site
plan, drawn to scale and drawn in accordance with an accurate boundary survey,
showing the size and location of new construction and existing structures and
appurtenances on the site; distances from lot lines; the established street
grades and the proposed finished grades; and, as applicable, flood hazard
areas, floodways, and design flood elevations;
(9) evidence that the documents were prepared
by a licensed and registered architect in accordance with Article 147 of the
New York State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law and practice
guidelines, including but not limited to the design professional's seal which
clearly and legibly shows both the design professional's name and license
number and is signed by the design professional whose name appears on the seal
in such a manner that neither the name nor the number is obscured in any way,
the design professional's registration expiration date, the design
professional's firm name (if not a sole practitioner), and, if the documents
are submitted by a professional engineering firm and not a sole practitioner
professional engineer, the firm's Certificate of Authorization number;
and
(10) any other information and
documentation that the department may deem necessary to allow the department to
determine that the proposed work conforms to the Codes.
Construction documents that are accepted as part of the
application for a building permit shall be marked as accepted by the department
in writing or by stamp, or in the case of electronic media, by an electronic
marking. One set of the accepted construction documents shall be retained by
the department, and one set of the accepted construction documents shall be
returned to the applicant to be kept at the worksite to be available for use by
the department. However, the return of a set of accepted construction documents
shall not be construed as authorization to commence work, nor as an indication
that a building permit will be issued. Work shall not be commenced until and
unless a building permit is issued.
(e) An application for a building permit
shall be examined by the department to ascertain whether the proposed work
complies with the applicable requirements of the Codes. A building permit shall
only be issued when the department deems the building permit application to be
complete and in compliance with the applicable provisions of this Part; the
appropriate fees have been paid; and when the proposed work is determined to
conform to the requirements of the Codes. The work authorized by such a
building permit may include special conditions when the department deems
necessary.
(f) Building permits
will be issued with specific effective and expiration dates, and the maximum
period within which authorized work shall commence. A building permit shall
become invalid if the authorized work is not commenced within the period
specified by the department.
(1) Building
permits issued pursuant to this Part, except those issued for the purpose of
demolition, shall expire 24 months from the effective date or upon the issuance
of a certificate of occupancy (not including a temporary certificate of
occupancy) or a certificate of compliance, whichever occurs first.
(2) A building permit issued for the purpose
of demolition shall expire six months from the effective date or upon the
issuance of a certificate of occupancy or certificate of compliance, whichever
occurs first.
(3) Building permits
issued pursuant to section
1202.3(f)(1) of
this Part may be renewed for successive periods of 12 months. Building permits
issued pursuant to section
1202.3(f)(2) of
this Part may be renewed for successive periods of six months. A building
permit may be renewed only when all of the following conditions are met:
(i) the relevant information in the building
permit application is uptodate;
(ii)
the owner requests a renewal in writing; and
(iii) the building permit is not suspended or
has not been revoked at the time the renewal request is
made.
(g) When a
building permit has been issued in error because of incorrect, inaccurate, or
incomplete information, or the work for which the building permit was issued
violates the Codes, the department shall either revoke the building permit or
issue a stop work order and suspend the building permit until the owner
demonstrates to the satisfaction of the department that all work completed, and
all work proposed shall comply with applicable provisions of the
Codes.
(h) Building permits are
required to be visibly displayed at the worksite and must remain visible until
the project has been completed.
(i)
The fee(s) specified in or determined in accordance with section
1202.15 of this Part must be paid
at the time of submission of a building permit application, amended building
permit application, or renewed building permit application.