N.Y. Comp. Codes R. & Regs. tit. 19 § 1204.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1204.7 - Construction permits

(a) On or after July 1, 1990, no State agency shall commence the erection, construction, enlargement, alteration, improvement, relocation, removal, or demolition of any building or structure without first obtaining a construction permit from a construction-permitting agency. Work which is not subject to the Uniform Code shall not require a permit. No permit shall be required for the performance of necessary repairs which do not materially affect structural elements and/or the plumbing, electrical, or heating/ventilation systems, nor for the construction of storage facilities of less than 3000 cubic feet. No permit shall be required for work costing $20,000 or less on an existing building provided that such exemption does not conflict with the procedures of any construction-permitting agency involved in the project. All work shall nevertheless be done in conformance with the Uniform Code.

(b) Prior to the issuance of a construction permit, the issuing agency shall obtain and retain on file the following information:

(1) a description of the site upon which the proposed work is to be done;

(2) a description of the use or occupancy of all parts of the land and of the proposed building or structure;

(3) where work is proposed for an existing structure, a description of the current use or occupancy of the structure;

(4) a description of the work proposed to be undertaken;

(5) the name(s) of the State agency which will have custody of the structure during construction and after the project is completed; and

(6) a complete set of plans and specifications for the proposed project.

The issuing agency may waive the requirement for plans and specifications where the work to be done involves minor alterations or where plans and specifications are otherwise unnecessary.

(c) Each State agency seeking a construction permit shall be responsible for providing to the construction-permitting agency the information specified in subdivision (b) of this section. During the period that the permit is in effect the applicant agency shall notify the issuing agency whenever any changes occur in the information contained within a permit application. A permit shall not be issued unless the proposed work is determined to be in conformance with the requirements of the Uniform Code. The authority conferred by a permit may be limited by conditions contained therein.

(d) A construction permit issued pursuant to this Part may be suspended or revoked by the issuing agency 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 a falsification of a material fact in connection with the application for the permit.

(e) A construction permit issued pursuant to this Part shall be valid for a period of time specified by the issuing agency, such period not to exceed three years. A construction permit shall expire upon the issuance of a code compliance certificate. A construction permit may be renewed for successive periods of up to three years each provided that:

(1) the permit has not been revoked or suspended at the time the application for renewal is made; and

(2) the relevant information included in the permit application is up to date.

(f) No State agency shall disburse funds for work requiring a construction permit until such permit has been obtained.

(g) In the event of the occurrence of a construction emergency, a State agency may undertake emergency repairs or reconstruction work without first obtaining a construction permit as required by subdivision (a) of this section. All work, however, should be done in conformance with applicable provisions of the Uniform Code. The occurrence of a construction emergency will not exempt a State agency from the requirement of section 1204.9 of this Part to obtain a code compliance certificate for all work subject to provisions of the Uniform Code. As soon as emergency circumstances allow and before the issuance of a code compliance certificate for any work performed, the agency which undertook the work shall submit to the appropriate construction-permitting agency documentation sufficient to establish that all work was performed in compliance with applicable provisions of the Uniform Code.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1204.7