N.Y. Comp. Codes R. & Regs. tit. 19 § 1202.3

Current through Register Vol. 46, No. 19, May 8, 2024

Section 1202.3 - Building permits

(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.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1202.3

Adopted New York State Register December 28, 2022/Volume XLIV, Issue 52 , eff. 12/30/2022