By Andrew Getty
There are dozens of topics relating to Code requirements at both the state and local level. Each week, this article tries to examine one or two of them in detail. This week, however, we will skim from one to the next with a series of One-Line Facts…
• General Contractors do not need to be licensed in New York State for residential projects.
• Plumbers and electricians do not need to be licensed to work on residential projects.
• Submitting a building permit application does not mean “start work.”
• Handrails in homes shall be a minimum of 36 inches off the floor.
• Handrails in commercial places shall be a minimum of 42 inches off the floor.
• Stairs in a house shall have a maximum 8 1/4 inch rise.
• Stairs for commercial shall have a maximum of 7 1/2 inch rise.
• New structures less than 144 sq. ft. in size are generally not regulated by the NYS Building Code.
• However, all structures are regulated by Local Law for use, location and size.
• And all new structures require a building permit, even sheds.
• There is no such thing as a “temporary” building.
• There is no distinction for a “seasonal” camp. It is a single family dwelling.
• A new structure is exempt from the NYS Energy Code ONLY if heated with wood, wind or solar.
• There is no such thing as “we just use that electric heater for back up.”
• There is no such thing as “I just have one quick question.”
• A vacant lot in any Residential District does not mean it can be used as a camp ground.
• A “floating” dock is regulated just like any type of dock, platform, or deck over the water.
• There is no such thing as a “temporary” dock. Wheels, or no wheels, it is a dock.
• An outboard motor mounted on your dock, does not make it a boat. It’s still a dock, with a motor.
• A cantilevered deck is still subject to property line setbacks.
• There is a lot more to a septic system than just the septic tank.
• Replacing the septic tank does not mean you have a “new system.”
• The Code Office is not an inspection agency, nor a “Clerk-of-the-Work.”
• The applicant is responsible to call and schedule inspections as required.
• The Zoning Board of Appeals does not change or create Zoning Districts.
• The Planning Board does not create or change Zoning Districts.
• Only the Town Board, the elected officials, can change Zoning Districts.
• The Planning Board cannot impose fines. Only the Court can do that.
• The Code Office cannot impose fines, only the Court can.
• The Town Board cannot tell the Zoning Board of Appeals what to do, ever.
• Only the APA has regulatory authority over wetlands, inside the Adirondack State Park.
• Transfer of property does not make any existing code violation, known or unknown, go away.
• New owners inherit existing violations. Property or building violations stay with the land.
• Variances stay with the property forever, as approved, unless otherwise conditioned.
• Conditional Use Permits stay with the property forever, unless otherwise conditioned.
• Upon receipt of a FOIL request, no office is expected to drop everything immediately to comply.
• Fire safety inspection of commercial buildings by the local Code Office is required by NYS.
• NYS Dept. of Health, NYS Dept. of Labor may also have periodic inspection requirements.
• All these inspections may have some overlapping issues.
• Smoke detectors and carbon monoxide detectors save lives.
• Sprinkler systems save lives and property, and reduce the risk and hazard to emergency personnel.
• General contractors, whether listed on the permit or not, have a legal responsibility to the project.
• Even sub-contractors and laborers can be help legally responsible for code issues on the project.
• A wooden platform on the ground is not a patio; it is a deck really close to the ground.
• A septic dye test will not say the system is functioning properly.
• A septic dye test result will only say if dye was observed.
• Pre-application meetings are extremely helpful for everyone.