§ 4. Building permits., Appendix A221. Building Code Administration, APPENDIX, Code of Ordinances, Hempstead, Town

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.

Exemptions. No building permit shall be required for work in any of the following categories:

(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 (13.88 square meters);

(2)

Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(3)

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;

(4)

Installation of fences which are not part of an enclosure surrounding a swimming pool;

(5)

Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;

(6)

Construction of temporary motion-picture, television and theater stage sets and scenery;

(7)

Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(8)

Installation of partitions or movable cases less than five feet nine inches in height;

(9)

Painting, wallpapering, tiling, carpeting, or other similar finish work;

(10)

Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(11)

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

(12)

Repairs, provided that such repairs do not involve:

(a)

The removal or cutting away of a loadbearing 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.

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 by 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:

(1)

A description of the proposed work;

(2)

The Tax Map number and the street address of the premises where the work is to be performed;

(3)

The occupancy classification of any affected building or structure;

(4)

Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

(5)

At least two sets of construction documents (drawings and/or specifications) which:

(a)

Define the scope of the proposed work;

(b)

Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;

(c)

Indicate with sufficient clarity and detail the nature and extent of the work proposed;

(d)

Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and

(e)

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. 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.

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 Section 16, Fees, of this local law 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.