Rules for Building in the Town of Colesville
Adopted Feb. 18, 1982
The following rules have been adopted by the Building Inspector of the Town of Colesville with the consent of the Coleville Town Board pursuant to Section 6-b of the Local law of the Town of Colesville for Administering and Enforcing the State Building Construction Code:
Rule No. 1 Application for Building Permit needed for Structure 120 sq. ft. or Larger
•a. No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion, or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Official for each such building or structure; except that not building permit shall be required for the performance of ordinary repairs which are not structural in nature.
•b. Application for a building permit shall be made to the Building Official on forms provided and shall contain the following information:
•1. A description of the land on which the proposed work is to be done; tax map number.
•2. A plot plan of the use or occupancy of all parts of the land and the proposed building or structure;
•3. The cost of the proposed work;
•4. The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations;
•5. A brief written description of the nature of the proposed work with dimensions of the structure;
•6. A duplicate set of plans and specifications as set forth in subdivision (c) of this rule;
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Such other information as may reasonably be required by the Building Official to establish compliance of the proposed work with the requirement of the applicable building laws, ordinances and regulations.
Applications shall be made by the owner or lessee, or agent of either, ror by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorize by the owner and that the applicant is authorized to make such application.
c. Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property widths and grades of adjoining streets, walks and alleys, and where required by the Building Official, details of structural, mechanical and electrical work including computations, stress diagrams and other essential technical data.
Plans and specifications shall bear the signature of the person responsible for the design and drawings and where required by Section 7307 as amended of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer.
The Building Official may waive the requirement for filing plans and specifications for minor alterations. Dwellings under 1, 500 sq. ft. agricultural buildings, and alterations under $10,000 are exempt from the architect's seal requirement.
d. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Town Clerk's office or Building Inspector.
Rule No. 2 Fees
•a. Upon the issuance of the building permit, the fees required by Section 9 of the Local Law
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of the Town of Colesville for Administering and Enforcing the State Building Construction Code shall be payable $.01 per sq. ft. or $5.00 minimum.
Rule No. 3 Issuance of Building Permit or Disapproval of Application.
•a. The Building Official, shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.
Upon approval of the application and upon receipt of the legal fees therefore, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved" One set of such approved plans and specifications shall be retained in the files of the Building department and the other set shall be returned to the applicant together with the building permit and shall be kept at the building site open to inspection by the Building Official or his authorized representative at all reasonable times.
If the application together with plans, specifications wand other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Town shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Official shall list reasons for such refusal and send it to the applicant.
Rule No. 4 Performance of Work under Building Permit.
•a. A building permit shall be effective to authorize the start of work in accordace with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Building Official may allow extensions for periods not exceeding three months each.
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•b. The issuance of a building permit shall constitute authority to the applicant to proceed with the work. All work must be in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.
•c. Building permits shall be prominently displayed on the job-site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares.
•d. Building Permit Inspection
1st Inspection - Notify the building inspector when footing course and foundation walls are poured. Foundation coating, waterproofing, and drainage base of cellar to be completed. Back-filling will be permitted after approval of 1st inspection.
2nd Inspection - Notify the building inspector when interior rough framing and interior rough plumbing is complete. Interior walls and ceiling to be covered after approval of 2nd inspection.
3rd Inspection - Notify the building inspector when building is ready for final inspection. Rule No. 7, Certificate of Occupancy, paragraph (a) states: "No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the building (inspector) official."
•e. Demolition; necessary for 120 sq. ft. or larger. When a building permit is issued for the purpose of removal or demolition of an existing building or structure, said removal or purpose of removal or demolition shall be commenced within thirty (30) days after the issuance of said permit and shall be completed with the site cleared of all debris and rubble and left in a well graded, neat and workmanlike condition within sixty (60) days of the issuance of said permit. For good cause, the Building Official may extend said time periods.
Rule No. 5 Revocation of Building Permit
The Building Official may revoke a building permit theretofore issued in the following instances:
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•a. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based;
•b. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or
•c. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Official.
Rule No. 6 Stop Orders
Whenever the Building Official has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
Rule No. 7 Certificate of Occupancy.
•a. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the building official.
•b. No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of
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occupancy shall have been issued by the Building Official.
•c. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Official.
•d. The owner or his agent shall make application for certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Building Official an affidavit of the registered architect or licensed professional engineer who supervised the construction of the work, or of the Superintendent of construction who supervised the work and who, by reason of h is experience is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure of which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and as erected complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
Rule No. 8 Inspection Prior to Issuance of Certificate
Before issuing a certificate of occupancy, the Building Official shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish, or change the use of occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
There shall be maintained in the Building Department a record of all such examinations and inspections together with a record of findings of violations of the law.
Rule No.9 Issuance of Certificate of Occupancy
•a. When, after final inspection, it is found that the proposed work has been completed in
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Accordance with the applicable building laws, ordinances and regulations; and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Official shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Official shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
•b. A certificate of occupancy shall be issued, where appropriate within 30 days after application therefore is made. Failure to act upon such application within 30 days shall constitute approval of such application and the building or portion thereof may thereafter be occupied as though a certificate of occupancy has been issued.
•c. The certificate of occupancy shall certify that the work has been completed, and that the proposed use or occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure of its several parts may be put.
Rule No. 10 Temporary Certificate of Occupancy
Upon request, the Building Official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed provided such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good cause the Building Official may allow a maximum of two extensions for periods not exceeding three months each.
Rule No. 11 Tests
Whenever there are reasonable grounds to believe that any material construction, equipment or
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assembly does not conform with the requirements of the applicable building laws, ordinances or regulations, the Building Official may require the same to be subjected to tests in order to furnish proof of such compliance.
Rule No. 12 Penalties for Violation
In accordance with Section 385 of Article 18 of the Executive Law of the State of New York:
•a. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of law or rule promulgated y the Building Department, maintain any building or structure or portion thereof in violation of any provisions of law or rule promulgated by the Building Department in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Building Official, or to construct, alter use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
•b. Any person who shall fail to comply with a written order of the Building Official within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law, or any lawful order, notice, directive, permit or certificate of the Building Official made thereunder shall be punishable by fine or imprisonment or both. Each day that a violation continues shall be deemed a separate offense.
•c. Except as provided otherwise by law, such a violation shall not be a crime and the penalty or punishment imposed therefore shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.
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Rule No. 13 Abatement of Violation
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building structure or premises or to prevent illegal acts, conduct of business in or about any premises and these remedies shall be in addition to penalties otherwise prescribed by law.
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