§ 16-3. Permit required; inspection; information to be submitted., Chapter 16. Building Construction Administration, Code of Ordinances, Brookhaven

It shall be unlawful to construct, alter, remove, demolish or maintain, or to allow, commence or continue to maintain the alteration, removal, or demolition of a wall, structure, plumbing, building or any part thereof, without first filing an application in writing with the Town of Brookhaven Building Division and obtaining a formal written permit. A permit shall not be required for minor repairs to existing plumbing systems. When accessory to one- and two-family dwellings, a building permit shall not be required for the following:

(1)

Detached residential storage sheds not greater than 144 square feet and conforming to the provisions of § 85-190;

[Amended 8-27-2015 by L.L. No. 17-2015, effective 9-4-2015]

(2)

Decks, patios and walkways not above grade greater than eight inches at any point, constructed of any material;

(3)

Gazebos not greater than 144 square feet and with walls no higher than 36 inches;

(4)

Trellises, pergolas and arbors not greater than 144 square feet;

Structures or plumbing hereafter erected or installed without a permit or not in conformity with this chapter shall be removed or made to conform to the code.

No building shall be moved, removed or demolished until a permit has been obtained from the Chief Building Inspector or Building and Zoning Inspector or Building Inspector, and such Inspector shall not issue a permit if, in his judgment, the proposed new location of the buildings would seriously increase the fire hazard of the surrounding buildings.

The Chief Building Inspector or any Building and Zoning Inspector or any Building Inspector shall, as often as practical, inspect all buildings or structures during the construction for which a permit has been issued to see that the provisions of the law are complied with and that construction is prosecuted safely. Whenever, in his opinion, by reason of defective or illegal work in violation of a provision of the code, the continuance of a building operation is contrary to public welfare, he may order all further work to be stopped and may require suspension of work until the condition in violation has been remedied.

Copies of plans and specifications and a plot plan showing the location of the proposed building shall, when required by the Building Division, accompany every application for a permit and shall be filed in triplicate.

All plans and specifications shall be of sufficient clarity to indicate the nature and character of the work proposed and show that the code will be complied with throughout. Computations, strains sheets, stress diagrams and other data necessary to show the correctness of the plans shall accompany the same when required by the Chief Building Inspector.

All plans and specifications shall bear the name and address of the architect, engineer or designer.

Demolition permits shall be applied for in the same manner as building permits, but no plans shall be needed. Any such permit shall expire 90 days from the date of issuance. However, specifications and diagrams showing methods to be used for needling or shoring adjacent buildings may be required by the Chief Building Inspector.

If demolition occurs within an Historic District or historic district transition area or regarding a structure designated as an historic landmark, then HDAC review shall be required.

No plans or specifications, when once approved by the Chief Building Inspector or any Building and Zoning Inspector or any Building Inspector, shall in any way be changed or altered without the written consent of the Chief Building Inspector or any Building and Zoning Inspector or any Building Inspector.

The permit holder or his agent shall keep posted in a conspicuous place on the work the permit and shall keep same posted until the completion of the work.

All building permits are valid and considered in effect for one year from the date of issuance except as otherwise permitted in this Code and no such permit shall be amended. Upon an application being submitted within one month from the date of the expiration of an original building permit, the Chief Building Inspector may grant one extension of said expired building permit for a period not to exceed three months. The applicant shall render a payment fee of the greater amount of 1/3 of the current building permit fee as established by Town Board resolution or the minimum fee as established by Town Board resolution.

[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]

(1)

Permit renewals.

(a)

First renewal. A permit may be renewed for a single one-year period upon submission of the required documents and payment of the application fee(s) as established by Town Board resolution.

(b)

Second renewal. A permit may be renewed a second time for a single one-year period upon submission of the required documents and payment of the fees as established by Town Board resolution. In the event the permit grants permission for exterior work and said work has begun and is not completed, a fee in the amount equal to double the application fee(s) as established by Town Board resolution shall be submitted for said exterior work. The Chief Building Inspector or designee may perform an inspection prior to the second renewal of a permit.

(c)

Third and successive renewals. A permit may be renewed a third time for a single one-year period upon submission of the required documents and payment of the fees as established by Town Board resolution. In the event the permit grants permission for exterior work and said work has begun and is not completed, a fee in the amount equal to triple the application fee(s) as established by Town Board resolution shall be submitted for said exterior work. The Chief Building Inspector or designee may perform an inspection prior to the second renewal of a permit.

No permit for the erection, repair, remodeling, altering or moving of a structure, building or portion thereof shall be issued if such building or structure has previously been condemned or has violations of this chapter, Chapter 16A, Chapter 30 or Chapter 85, unless it has been determined by the Chief Building Inspector or his authorized designee that such condemnation has been rescinded or such violations have been corrected. No permit shall be issued if prior approval of another governmental agency is required unless the applicant has demonstrated said approvals have been obtained and remain valid.

The provisions of this section shall not apply to any structures or buildings within the Town of Brookhaven for which building permits and certificates of occupancy have been duly issued or to any building or structure built prior to January 1, 1945, for which a building permit and certificate of occupancy could lawfully be issued.

To ensure compliance with the code, the Chief Building Inspector, during the course of construction, may request certification from a testing laboratory, including but not limited to soil compaction, reinforcing bars, slump and cylinder, welding and materials.

Editor’s Note: Former Subsection P, which required adherence to the National Electrical Code but prohibited use of aluminum wiring in residential buildings, and which immediately followed this subsection, was repealed 12-20-2018 by L.L. No. 28-2018.