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The
Village of Kinderhook

BUILDING PERMITS
Code Enforcement / Zoning Enforcement Office

Fair Housing Officer/Title VI Coordinator

Peter Bujanow, 518-758-8778, ext.302

Office Hours: Wednesday Evenings 4:00 pm- 6:00 pm or by telephone and by appointment . Inspections scheduled by appointment

pbujanow@villageofkinderhook.org

Village of Kinderhook Permit Fee Schedule

Maps of Kinderhook Village

Download Building Permit Application

 What is the purpose of the Building Department?

Village of Kinderhook local law, Chapter 62 – Fire Prevention and Building Code, provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the New York State Energy Conservation Construction Code (the Energy Code).

Except as otherwise provided in the Uniform Code, other New York State law, or other sections of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law.

The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law.

What are the Code Enforcement Officer’s duties and responsibilities?
The Code Enforcement Officer, trained and certified by the State of New York and appointed by the Village, has the following authority and duties:

(1) To receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications;

(2) Upon approval of such applications, to issue Building Permits, Certificates of Occupancy / Certificates of Compliance] Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

(3) To conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy / Certificates of Compliance, Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law;

(4) To issue Stop Work Orders;
(5) To review and investigate complaints;
(6) To issue orders pursuant to Subsection A of § 62-14, Enforcement; penalties for offenses, of this chapter;
(7) To maintain records;
(8) To collect fees as set by the Trustees of the Village of Kinderhook;
(9) To pursue administrative enforcement actions and proceedings;
(10) In consultation with this Village's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
(11) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.

When is a Building Permit Required?
A building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. Codes are designed to ensure that all properties meet minimum safety and structural standards.

No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer. Several exemptions to Building Permit requirements are identified in Subsection B of § 62-3

Please contact the Code Enforcement Officer for additional details and guidance before starting a project.

How to apply for a Building Permit?
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 by 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 Building Permit Application shall include or be accompanied by the following information and documentation:
(1) A detailed description of the proposed work;

(2) The value of the proposed work;

(3) The Tax Map number and the street address of the premises where the work is to be performed;

(4) The occupancy classification of any affected building or structure;

(5) A statement of the use or occupancy of all parts of the land and the proposed building or structure;

(6) A statement that the applicant consents to permit the Code Enforcement Officer to enter upon the premises for purposes of inspection, monitoring, and issuing orders or notices;

(7) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code;
(8) At least two sets of construction documents (drawings and/or specifications) which:
(a) Define the scope of the proposed work;

(b) Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;

(c) Indicate with sufficient clarity and detail the nature and extent of the work proposed;

(d) Substantiate that the proposed work will comply with the Uniform Code and the Energy Code;
(e) Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.

Is a Special Permit Required for Building Demolition?
Yes - An asbestos survey is required for all renovation, remodeling, repair and demolition of all interior and exterior building materials.

As per NYS Industrial Code Rule 56, asbestos material must be abated by licensed contractors utilizing certified asbestos handlers, with the exception of owner-occupied single-family homes, where the owner may remove the asbestos. However, it is not recommended that the owner remove asbestos. The owner could potentially expose themselves, their family and neighbors to asbestos fibers if correct engineering controls and work methods are not utilized during the abatement.
The NYS Industrial Code Rule 56 requires that the asbestos survey must be sent to the local government unit responsible for issuing the demolition/renovation permit. Note that only copies of the demolition or pre-demolition survey must be sent to the Department of Labor, Asbestos Control Bureau.

For further information and updates, please see the NYS website at: www.labor.ny.gov.

Is proof of insurance required for a Building Permit?
Yes - The New York State Department of Labor requires that Municipalities verify that all projects requiring a Building Permit have valid Workers Compensation and Disability Benefits coverage.
(1) All contractors performing work are required to provide the following Certificates of Insurance, listing the Village of Kinderhook as the certificate holder:
(a) New York State Worker’s Compensation (Form C-105.2, SI-12, U-26.3)
(b) New York State Disability Benefits (Form DB-120.1, DB-155 are C-105)
(2) All homeowners performing work themselves are required to provide the following:
(a) New York State “Affidavit of Exemption to Show Specific Proof of Worker’s Compensation Insurance Coverage for a 1,2, or 4 Family, Owner Occupied Residence” (Form BP-1)

Are Construction Inspections required after a Building Permit is issued?
Yes – 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 of the following elements of work are ready for inspection:
(1) Work site prior to the issuance of a building permit;

(2) Footing and foundation;

(3) Preparation for concrete slab;

(4) Framing;

(5) Building systems, including underground and rough-in;

(6) Fire-resistant construction;

(7) Fire-resistant penetrations;

(8) Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

(9) Energy Code compliance; and

(10) A final inspection after all work authorized by the building permit has been completed.

Additional Building Permit Requirements for properties located in the “Landmarks and Historic District” of the Village of Kinderhook?

Village of Kinderhook Local Law, Chapter 75 – “Landmarks and Historic Districts”, provides No building permit shall be issued nor shall any person commence any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of any building or structure or any feature thereon on a landmark or property within a historic district that is visible from any public way, without first obtaining a certificate of appropriateness from the Historic Preservation Commission.

Prior to the issuance of a building permit and/or the commencement of any construction, alteration, demolition, or moving of any building or structure, the Code Enforcement Officer shall determine if a certificate of appropriateness is required.

If the Code Enforcement Officer determines that a certificate of appropriateness is required, the
property owner shall file an application for a certificate of appropriateness with the Code
Enforcement Officer. The Code Enforcement Officer shall forward the application to the Chairman of the Historic Preservation Commission.

Tips from the Building Department
Adhering to local permitting laws will avoid headaches in the future and will keep you and your family safe in your newly updated home.

Are you missing your Certificate of Compliance?
Please contact the Code enforcement Officer to schedule an inspection to close out your Building Permit and obtain a Certificate of Compliance or Occupancy.

Selling or Re-Mortgaging your Home?
A Title Search will reveal any open Building Permits that must be resolved before a sale or loan can go forward.

Download Building Permit Application

Building Permit Fee Schedules:
Village of Kinderhook Permit Fee Schedule

POLITICAL SIGNS
Just a friendly reminder pertaining to the Village of Kinderhook Code on displaying Political signs; Chapter 130-19 section C Paragraph 16 states: “Posters, Temporary, nonpermanent posters covering such things as political events, sporting events, shows and elections shall not be displayed until four weeks prior to event and must be removed within five days after the event. Nosuch signs should be attached to a tree or utility pole.” Thank you in advance for adhering to the Code and making the Village a beautiful place to be.

 

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