Title 19 Part 1202

In general, local governments are charged with the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code). However, a local government has the option to decline that responsibility by adopting a local law to that effect, in which event the responsibility passes to the respective county. Counties are accorded a similar option. If a local government and a county each exercises its option, the statute provides for administration and enforcement of the Uniform Code by the Secretary of State in the place and stead of the local government. Certain other events may also result in administration and enforcement of the Uniform Code by the Secretary of State. This Part establishes the procedures applicable in circumstances in which the Secretary of State must administer and enforce the Uniform Code in the place and stead of a local government or county.

The applicant may request that the requirement of plans and specifications be waived where the work to be done involves minor alterations or where such plans and specifications are otherwise unnecessary.

A person subject to inspection under section 1202.4 of this Part may be required by the Department of State to have such inspection performed at his own cost and expense by a competent inspector acceptable to the department. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer, or other person whose experience and training has been demonstrated to the satisfaction of the department. Such inspector shall certify the results of his inspection to the Department of State. Any person required by the department to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this Part.

First 1,500 square feet of area .................................................................................... $ 200

Each additional 1,000 square feet or fraction thereof ................................................ $ 100

Each 1,000 square feet of area or fraction thereof ........................................................ $ 200

First dwelling unit or sleeping room ............................................................................. $ 100

Each additional dwelling unit or sleeping room ........................................................... $ 50

Each 1,000 square feet of area or fraction thereof ........................................................ $ 50

Each 1,000 square feet of area or fraction thereof ........................................................ $ 200

Each 1,000 square feet of area or fraction thereof .................................................... $ 100

Each 1,000 square feet of area or fraction thereof .................................................... $ 200

Each 1,000 square feet of area or fraction thereof .................................................... $ 50

Each 1,000 square feet of area or fraction thereof .................................................... $ 200

Each dwelling unit or sleeping room to be altered or renovated ........................... $ 50

Each 1,000 square feet of area or fraction thereof ................................................. $ 200

50 percent of whatever fee would be charged for a new permit.

Each dwelling unit or sleeping room ............................................ $ 25 (Minimum fee $ 100)

Each 1,000 square feet of area or fraction thereof ........................ $ 15 (Minimum fee $ 100)

No fee shall be charged for the issuance of a certificate of occupancy or compliance when such certificate if issued for a structure or project for which a building or demolition permit has been previously issued. In all other circumstances a fee in accordance with the schedule specified in subdivision (d) of this section will be collected prior to the issuance of a certificate of occupancy or compliance.

If an application for a building or demolition permit is withdrawn prior to the commencement of a review of such application, the applicant may receive a refund of 100 percent of the fee paid. If a review of an application has been commenced prior to its withdrawal, or if an application is not approved after review, the applicant may receive a refund of 50 percent of the fee paid, provided no work has commenced. If work has commenced, and the application is either withdrawn or not approved, any fees paid shall not be refunded.

The Department of State may waive any fee or a portion thereof if it is established that the payment of such fee will cause unnecessary hardship or that the waiver of the fee would be in the best interests of the State of New York.