Building permits required.

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

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 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:

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. In applying to the Building Inspector for a building permit, the applicant shall submit a dimensioned sketch or plan, to scale, indicating the shape, size, height and location in relation to all property lines and to street lines of all buildings or structures to be erected, altered or moved and of any building or structure already on the lot. This sketch shall be accompanied by a written statement from a qualified engineer or other satisfactory evidence to the effect that the line of the bounding street has been accurately located and staked on the ground. The applicant shall also state the existing or intended use of all such buildings and supply other information as may be required by the Building Inspector to ensure that the provisions of this chapter are being observed. If the proposed excavations, construction, alterations or moving set forth in the application are in conformity with the provisions of this chapter and other local laws or ordinances of the Town of Clifton Park then in force, the Building Department shall issue a permit for such excavation, construction, alteration or moving.

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.

Refusal. If a building permit is refused, the Building Inspector shall state such refusal in writing, with the cause, and shall immediately mail notice of such refusal to the applicant at the address indicated on the application.

Upon project completion, the applicant shall submit a final set of as-built plans and specifications on a CD utilizing software acceptable and usable by the Town of Clifton Park. This shall apply only to those plans requiring the stamp and signature of a professional engineer or registered architect. This requirement may be waived at the sole discretion of the Director of Building and Development.

Term. Every such permit shall expire at the end of one year from the date of issue. The Building Inspector may grant up to two six-month extensions at no additional cost to the permittee, provided that the permittee applies for such extension prior to expiration.

Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued in the following instances:

Stop-work orders. Whenever a Building Inspector or his designee has reasonable grounds to believe that any work is being prosecuted in violation of the provisions of the applicable zoning or building laws or regulations or other sections of the Town Code, including but not limited to the New York State Uniform Fire Prevention and Building Code, or not in conformity with the provisions of an application, plans or specifications on the basis of which a permit was issued or in an unsafe and dangerous manner, he may order 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 related activities until the stop order has been rescinded. Such order shall be in writing 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 or area of concern and sending a copy of the same by certified mail to the address set forth in the application for the permit or to the owner's address of record in the Assessor's office. The person to whom a stop-work order has been issued shall report to the Department of Building and Development to determine the corrective action required to get the stop-work order rescinded. If said person desires such information in writing, he may submit a written request and the Department will provide such information in writing within three  working days after receipt of the request.

Right of entry. Any building official, upon showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. However, no such building official may, without the expressed consent of the owner or occupant of suitable age and discretion, enter a residence after a certificate of occupancy has been issued therefor, without having first obtained an order or warrant from a court of competent jurisdiction.

Tests. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly or the installation thereof does not conform to the requirements of the applicable building laws or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance and/or may request certification by a licensed engineer. The cost of any such tests or certifications and the cost of furnishing proof of such compliance shall be borne by the owner of the property or the person performing the work and in no event shall be borne by the Town of Clifton Park.

Effect. The issuance of a permit shall in no case be construed as waiving any provision of this chapter.

Fee. The fee specified in or determined in accordance with the provisions set forth in § 103-16, Building permit fees, must be paid at the time of issuance of a building permit or an amended building permit or for renewal of a building permit.

Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.

Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or the Energy Code. Work not in compliance with any applicable provision of the Uniform Code or the Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

Fee. The fee specified in or determined in accordance with the provisions set forth in § 103-16, Building permit fees, must be paid prior to or at the time of each inspection performed pursuant to this section.

Operating permits required.

Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.

Inspections. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.

Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.

Duration of operating permits. Operating permits shall remain in effect until reissued, renewed, revoked, or suspended.

Revocation or suspension of operating permits. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.

Fee. The fee specified in or determined in accordance with the provisions set forth in § 103-16, Building permit fees, must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

Requirement. No land or building or other structure or portion thereof hereafter erected or altered in its use or structure shall be used or occupied until the Building Inspector shall have issued a certificate of occupancy stating that such land, building or structure and the proposed occupancy or use thereof are found to be in conformity with the provisions of this chapter or other applicable local laws or ordinances. For purposes of this section, "occupancy" shall include the placing of any personal property into the premises under permit, including but not limited to clothing, furniture and/or appliances (which are not part of the purchase contract).

Issuance. Within five days after notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Building Inspector to make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof is found to conform within the provisions of this chapter or other applicable local laws or ordinances.

Refusal. If the Building Inspector, after such final inspection, refuses to issue a certificate of occupancy, he shall state such refusal in the form of an inspection report and provide a copy to the permittee or his agent at the job site. If he desires, the permittee may visit the Department of Building and Development and request, in writing, a written explanation of the refusal. The Department will provide such information, in writing, within three working days after receipt of such a request.

Inspectors.

Partial certificates of occupancy. If a portion of the work covered by a building permit has been completed and if the proposed occupancy and use of such completed portion or portions are found to be in conformity with the provisions of this chapter or other applicable local laws or ordinances and if such completed portion or portions may be occupied or used safely and without endangering life or public welfare, the Building Inspector may issue a certificate of occupancy for the such completed portion or portions. If the Building Inspector refuses to issue such a partial certificate of occupancy, he shall state such refusal in writing, with cause, and immediately thereupon mail notice of such refusal to the applicant at the address indicated on the application.

Conditional certificate of occupancy.

Certificates for heat-producing appliances. The Building Inspector shall not issue a certificate of occupancy unless the Building Inspector or the Chief of the Bureau of Fire Prevention has  issued a certificate of compliance for the fireplace, chimney and structures or equipment related to any heat-producing appliances on the property.

Complete payment of all fees. The Building Inspector shall not issue a certificate of occupancy unless and until all fees required pursuant to this chapter or other ordinance, rule or regulation shall have been paid.

Creation, composition and appointment.

General procedures.

Powers. The Board of Appeals shall have the following powers:

Special procedures relative to appeal for administrative review or variance.

Hearing, notice, public notice, notice to parties and costs.

Provisions of appeal. If the variance is granted or other action by the appellant or applicant is authorized, the necessary permit shall be subject to the terms of § 208-107J. Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn and abandoned the appeal or the application and such permission and variances granted shall be deemed automatically rescinded by the Board of Appeals.

Rehearing. Upon motion initiated by any member and adopted by the unanimous vote of the members present but not less than a majority of all the members, the Board of Appeals shall review at a rehearing, held upon notice given as upon an original rehearing, any order, decision or determination of the Board not previously reviewed. Upon such rehearing, and provided that it shall then appear that the rights vested prior thereto in persons acting in good faith in reliance upon the order, decision or determination reviewed will not be prejudiced thereby, the Board may, upon the concurring vote of all of the members then present, reverse, modify or annul its original order, decision or determination.

Notwithstanding any other inconsistent provision contained in this chapter and in addition to any and all provisions contained in this chapter or in other applicable laws, it shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any land area, building or structure or portion thereof in violation of any provision of this chapter or applicable building laws and regulations, including the New York State Uniform Fire Prevention and Building Code, or to fail in any manner to comply with a notice, directive or order of the building official or to construct, alter or use and occupy any land area, building or structure or part thereof in a manner not permitted by an approved permit or certificate of occupancy.

Any person who shall fail to comply with a written order, notice, directive, permit or certificate of a duly authorized employee or agent of the Building, Development, Planning or Zoning Department within the time fixed therein for compliance therewith, or 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 or property who shall knowingly violate any of the applicable provisions of this chapter or any such lawful order, notice, directive, permit or certificate, shall be guilty of an offense and, upon conviction thereof, shall, except as provided in Subsection C below, be subject to a fine not to exceed $1,500, or a term of imprisonment not to exceed 15 days, or both such fine and imprisonment, for each offense. Each day that a violation continues shall be deemed a separate offense, and the violation shall be deemed to have commenced on the earlier of the date of, or the date contained in, the written order, notice, directive, permit or certificate of the building official.

Any person convicted of the offense of a failure to comply with a notice of violation of the provisions of an approved site plan or subdivision plot as delineated in § 208-123B of this chapter shall be subject to a fine of not less than $1,000, nor more than $2,000, or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, subject to a fine of not less than $1,500 nor more than $4,500, or imprisonment for a period not to exceed 30 days, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, subject to a fine of not less than $5,000, nor more than $15,000, or imprisonment for a period not to exceed 90 days, or both. Each week or part thereof that a violation continues shall be deemed a separate offense, and the violation shall be deemed to have commenced on the earlier of the date of, or the date contained in, the notice of violation.

Civil penalties.