KMAC Engineering
N.Y.S. Licensed Professional Engineer
(K. Alfred Chu, PE)






442.2 Building Permits.

(a) No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure, except an agricultural building or structure, nor install heating equipment, without having applied for and obtained a permit from the Department of State. No permit shall be required for the performance of necessary repairs which do not involve material alteration of structural features, and/or plumbing, electrical or heating/ventilation systems, including, for example, the replacement of siding and roofing materials, nor for the erection of fences, nor for the construction of noncommercial storage facilities of less than 140 square feet of gross floor area. Such work shall nevertheless be done in compliance with the Uniform Code.

(b) Applicants for the building permit may be obtained from any office of the Department of State. A completed application may be delivered to any office of the Department or be mailed to its office and must include:

  • the signature of the applicant or authorized agent;
  • a description of the site on which the proposed work is to be done;
  • a statement of the use or occupancy of all parts of the land and of the proposed building or structure;
  • a brief description of the proposed work;
  • the estimated cost of the proposed work with appropriate substantiation;
  • the full name and address of the owner and the applicant and,if either be a corporation, the names and addresses of responsible officers;
  • three sets of plans and specifications for the proposed work;and
  • the fee specified.

    The applicant may request that the requirement of plans and specifications be waived where the work to be done involves minor alterations or are otherwise unnecessary.

    (c) The applicant shall notify the department of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code.

    (d) A building permit issued pursuant to this Part shall be prominently displayed on the property or premises to which it pertains.

    (e) A building permit issued pursuant to this Part may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any condition attached to such permit, or if there has been a misrepresentation or falsification of a material fact in connection with the application for the permit.

    (f) A building permit issued pursuant to this Part shall expire three years from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods provided that :(1) the permit has not been revoked or suspended at the time the application for renewal is made; (2) the relevant information in the application is up to date; and (3) the renewal fee is paid.



    442.3 Certificate of Occupancy.

    (a) No building erected subject to the Uniform Code and this Part shall be used or occupied, except to the extent provided in the section, until a certificate of occupancy has been issued. No building similarly enlarged, extended , or altered, or upon which work has been performed which required the issuance of a building permit shall be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy has been issued. No change shall be made in the nature of the occupancy of the existing building unless a certificate of occupancy authorizing the change has been issued. The owner or his agent shall make application for a certificate of occupancy.



    Administrative:

  • Sections 7307 and 7209 of the New York State Education Law require plans to be stamped with the seal and signature of a NYS licensed Professional Engineer or Registered Architect unless it is a residential building less than 1500 s.f. or if the addition or alteration is less than $20,000 and does not affect structural or public safety.


    • Drawings:

  • Provide a site plan indicating the distance separation between the house and the interior lot lines.
  • Provide a drawing of the basement/cellar plan including information of the foundation system.
  • Provide a drawing of the [first][and][second] floor plan with sufficient information so that the Code Enforcement Officer can evaluate compliance with the Uniform Code. Relevant information should minimally include room sizes and the location, size and type of proposed windows and doors.
  • Provide a cross section of the [building][addition] including information on the roof framing, wall framing, floor framing, foundation, insulation, ceiling heights, interior/exterior finish, etc., so that the Code Enforcement Officer can evaluate compliance within the Uniform Code.



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