Building permits required.
Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
Building permits shall be issued only upon the application of the owner of the premises which is the subject of the permit or the representative of the owner duly authorized in writing to act on behalf of the owner. No building permit shall be issued for the demolition or removal of any building or structure except upon the applicant's delivery at the applicant's sole cost and expense of a title insurance report setting forth the identity of the current owner(s) of the subject premises and holder(s) of any mortgage or security interest(s) (both realty and chattel) in the subject premises. The applicant shall provide the Village with a consent of any mortgagee to the demolition, in a form and substance acceptable to the Village. The Building Inspector has the authority to waive any requirement hereunder for a title insurance report if the applicant is otherwise able to supply sufficient, reliable information about all persons or entities who may have a security or ownership interest in the building or structure to be demolished or removed. The Building Inspector is not authorized to waive the aforesaid consent of any mortgagee.
[Added 2-7-2012 by L.L. No. 3-2012]
Exemptions. No building permit shall be required for work in any of the following categories:
Construction or installation of one-story detached structures associated with one-family dwellings which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.38 square meters);
Installation of swings and other playground equipment associated with a one-family dwelling;
Installation of swimming pools associated with a one-family dwelling where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
Construction of temporary motion-picture, television and theater stage sets and scenery; Installation of window awnings supported by an exterior wall of a one-family dwelling;
Installation of partitions or movable cases less than five feet nine inches in height;
Painting, wallpapering, tiling, carpeting, or other similar finish work;
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
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
Repairs, provided that such repairs do not involve:
The removal or cutting away of a load-bearing wall, partition or portion thereof, or of any structural beam or load-bearing component;
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
The enlargement, alteration, replacement or relocation of any building system; or
The removal from service of all or part of a fire protection system for any period of time.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
A description of the proposed work;
The Tax Map number and the street address of the premises where the work is to be performed;
The occupancy classification of any affected building or structure;
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
At least two sets of original, signed, stamped/sealed construction documents (drawings and/or specifications) which:
Define the scope of the proposed work;
Are prepared 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 Uniform Code and the Energy Code; and
Where applicable, include a site plan 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, and the distances between the buildings and structures and the lot lines.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, 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. 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 be commenced until and unless a building permit is issued.
Issuance of building permits. 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 Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
Work to be in accordance with construction documents. 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 Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer 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.
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance subject to no more than two consecutive ninety-day extensions. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer, subject to any later enacted local law or regulation in effect at the time of renewal.
Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 55-16 , Fees, of this article must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
Energy star requirements.
Any new single-family dwelling shall be built to comply with the Long Island Power Authority (LIPA) New York Energy Star Labeled Homes Program (hereinafter "the program") requirements.
The energy star requirements must be satisfied by compliance with one of the following standards:
The Builder Option Package as established by LIPA; or
Achieving a home energy rate of 84 or higher on the current expanded Home Energy Rating System (HERS) Scoring System adopted by the State of New York [which corresponds to an Index of 80 or less as defined in the 2006 Mortgage Industry National Home Energy Rating System Standards promulgated by the Residential Energy Services Network (RESNET)].
In addition to demonstrating compliance with one of the standards set forth in Subsection K(1)(b) above, the dwelling must comply with the following additional requirements:
Include a total of 500 kilowatt-hours of electricity savings per dwelling unit as defined by the program; and
Include an automatically controlled mechanical ventilation system as required by the program; and
Comply with the "Combustion Safety Testing Standards and Procedures for New York Energy Star Labeled Homes" standards, as tested by an analyst certified by the Building Performance Institute, or equivalent trained analyst approved by LIPA, prior to issuance of certificate of occupancy.
Compliance with requirements.
[Amended 4-1-2008 by L.L. No. 1-2008; 4-7-2009 by L.L. No. 2-2009; 4-6-2010 by L.L. No. 1-2010]
Commencing on April 1, 2011, prior to the issuance of a building permit, the applicant shall certify that the dwelling will comply with all aspects of the program, using either HERS or Building Option Package method.
Commencing on April 1, 2011, prior to issuance of certificate of occupancy, all field verification and testing requirements of the program shall be met.