§ 76-9. Permit regulations.  


Latest version.
  • No work shall be undertaken which involves erecting, placing, altering, repairing or demolishing any structure or part thereof, nor installating of electrical, plumbing or mechanical systems, or including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto, except pursuant to a permit issued as provided by this article and unless such permit, at the time of the doing of such work, shall be in full force and effect.
    A. 
    Exceptions. Exceptions to the requirement of a building permit are permitted under the following circumstances: necessary repairs of a minor nature that have no material effect to the structural features or alterations to existing buildings, provided that they do not:
    (1) 
    Materially affect structural features; and
    (2) 
    Affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits; and
    (3) 
    Involve the installation or extension of electrical systems; and
    (4) 
    Include the installation of solid-fuel-burning heating appliances and associated chimneys or flues.
    B. 
    Parties who intend to undertake work subject to the provisions of this code shall be required to apply and obtain any required building permit prior to the commencement of the work. An application for a building permit shall provide sufficient information to enable the code enforcement official to determine if the proposed work conforms with all applicable codes and regulations. The following is the minimum information and documentation required upon submission of a building permit application, in order that it can be considered subject for approval:
    (1) 
    An identification and description of the proposed work; and
    (2) 
    A description of the premises, including Tax Map number and street address; and
    (3) 
    The occupancy classification of the affected building or structure; and
    (4) 
    Construction documents (drawings and specifications) that define the scope of the proposed work; and
    (5) 
    A copy of a contract or similar document which substantiates the total cost of the proposed work.
    C. 
    Construction documents shall not be accepted as part of the application for a building permit unless such documents:
    (1) 
    Meet the provisions of New York State Education Law, including § 7302, as amended, of Article 147, which stipulate that for any new building construction, alteration or addition to any building or structure costing in excess of $10,000 or which involves changes affecting the structural safety or public safety thereof, a registered design professional, including registered architects or licensed professional engineers, certified in the State of New York be employed also, in connection with the construction of buildings or additions in excess of 1,500 square feet, but not including uninhabitable structures. In such cases and to serve as evidence of this requirement, all documents must have the original seal affixed to each sheet or page submitted.
    (2) 
    Indicate with sufficient clarity the nature and extent of the work proposed, including but not limited to a projected total cost estimate of work and/or material list itemized to the satisfaction of the code enforcement official.
    (3) 
    Substantiate that the proposed work will comply with the Uniform Code and applicable Hamburg Zoning law; and
    Editor's Note: See Ch. 280, Zoning.
    (4) 
    Include a current site plan that shows any existing structures on the site, including the location of any existing utility easement or septic system, and indicates the location of the intended work as well as the distances between the structures and the lot Lines,
    D. 
    Proof of insurance.
    (1) 
    The permit applicant must show adequate general liability coverage in the amount and form acceptable to the Town of Hamburg.
    (2) 
    To assure compliance to with § 57 of the Workers' Compensation Law and § 220, Subtitle 8, of the Disability Benefits Law of the State of New York, all applicants (prior to permit issuance) must submit proof that they have obtained workers' compensation and disability benefits coverage, or that they are not required to provide coverage under these Laws.
    (3) 
    Only forms acceptable to the New York Workers' Compensation Board will satisfy the requirement of certifying that worker's compensation insurance has been properly secured.
    E. 
    Licensing of plumbing and site utility contractors. In all cases where there is to be installation of new plumbing or alteration of existing plumbing, or sewer work, a plumbing/sewer permit must first be obtained by a licensed plumber or site utility contractor.
    F. 
    Application for a permit shall be made by the owner or lessee, or the agent of either, or by the architect, engineer or builder employed in connection with the proposed work. When such an application is made by a person other than the property owner, it is the applicant's responsibility to obtain the owner's authorization and permission to conduct the proposed work. The code enforcement official may require an affidavit, signed by the property owner, indicating such approval and authorization. Amendments to the application or to the plans and specifications may be filed at any time prior to completion of the work. Such amendments shall likewise be subject to the approval of the Code Enforcement Department and, after approval, shall be filed with and be deemed a part of the original permit application.