Code Enforcement & Building Permits

Mission Statement
Welcome to the Town of Horseheads Code Enforcement Web site. Our main responsibility is to assist people in the Town and Village of Horseheads in complying with the zoning codes and regulations of each municipality and enforcement of the New York State Fire Prevention and Building Codes.

This web page is set up to assist you with questions, procedures and documentation.

What Is Zoning?
Zoning regulates the use of land within its boundaries. The zoning regulations have different zoning districts with each district having different permitted uses and requirements. The purpose is to:

1. Promote the health, safety and general welfare of the community
2. Reduce congestion on the streets and highways
3. Ensure safety from fire, panic and other dangers
4. Provide adequate light and air
5. Prevent overcrowding of land and avoid undue concentration of population
6. Establish zones wherein regulations concerning the land and structures, the density of development, the size of yards, the percentage of lots that may be occupied and the provisions of parking will be set forth to encourage the most appropriate development

When Do I Need A Permit?
New York State and Town of Horseheads laws mandate when a permit is required. The following is to use as a guideline.
     Residential
          New construction of homes, garages and carports
          Addition and alterations of buildings
          Storage buildings 120square feet and over, including prefabricated buildings 

          delivered to site
          Decks and porches
          Enclosing porches, decks
          Extending roofs over decks and porches
          Rebuilding and structural renovations
          Swimming pools above and inground including decks around pools
          Installation of woodstoves, fireplaces and chimneys
          Demolition and removal of buildings
     Commercial
          New construction
          Most improvements, alterations, enlargements, repairs and change of tenants
          Signs, including temporary signs
          Change of Occupancy

When Do I NOT Need A Permit?
       Residential
           Siding
           Reroofing- There are building code requirements for ice shield and layers of

           shingles.  Check with office for requirements
           Replacement windows
           Non structural necessary repairs
           Fences that meet zoning requirements
       Commercial
        Check with office
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Documentation Needed to Submit a Permit
 ●  Site plan drawn to scale or survey map showing size of the lot, location of buildings, location of improvements and distance to property lines and other buildings.
●  Building plans and/or specifications drawn to scale. Plans shall include details on footer, foundation, floor, wall roof construction, insulation, plumbing, windows and doors. To purchase a copy of the building codes go to www.iccsafe.org
●  Residential plans must show energy code compliance. Window and door schedules must be submitted with “ U” values of each. For free software for energy code compliance go to www.energycodes.gov
●  New residential construction without sewer requires Chemung County Health Department Septic Permit before a building permit can be issued. Contact their office at 607-737-2019

●  All commercial building plans for new construction, additions, and change of occupancy must be referred to the Planning Board for site plan approval before building permit can be issued. The Planning Board meets every first Wednesday at 7:30pm. All applications must be submitted to code office 10 days before scheduled meeting.
●  In some cases plans must be stamped by New York State Engineer or Architect, in compliance with New York State Education Law. Changes or amendments to the stamped plans will not be accepted unless they have been reviewed by the issuing licensed professional.
●  Two copies of site plans, building plans and specifications must be submitted for review.
●  Contractors must submit proof of general liability insurance and workers’ compensation insurance or proof that it is not needed.

Self employed contractors with no subcontractors, helpers or other workers must submit:
●  New York State Workers’ Compensation for WC/DB100 (12/03)

Contractors with employees, subcontractors and others must submit a Workers’ Compensation Board form C105.2 or New York State Insurance Fund form U26.3.

AN ACCORD FORM IS NOT ACCEPTABLE PROOF OF NEW YORK STATE WORKERS’ COMPENSATION OR DISABILITY BENEFITS INSURANCE COVERAGE

Homeowners must submit Workers’ Compensation form BP-1(3/99) if the homeowner is the contractor to prove that they are exempt for the law by:
●  Homeowner is performing all the work,
●  Is not hiring, paying or compensating in any way individuals that are performing all the work that which the building permit was issued or helping the homeowner perform the work
●  Has homeowner’s insurance policy that is currently in effect and covers the property for which the building permit was issued AND is not paying individuals a total of less than 40 hours per week. This is a total aggregate hours of all paid individuals on job site.
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Fee Schedule
 

In multi occupant building each tenant will be charged a separate fee.

Residential:  One & two Family         Exempt

                      Apartment                     $15.00/ea

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Residential Building Code of the State of New York Design Criteria
TABLE R301.2(1)
Climatic and Geographic Design Criteria

E-Code

Please check this link for more information:  http://www.e-codes.generalcode.com/codebook_frameset.asp?t=ws&cb=1494_A

Building Permit Frequently Asked Questions
Q.  How long does it take to obtain a building permit?
A.    If all documentation is received and insurance papers are in order usually within a day  or two. However, new construction, major additions and other permits could take up to two weeks depending on work load.

Q.  How long is a building permit good for?
A.    A permit is good for one year from the date of issue can be renewed for six months upon payment of fee.

Q.  What type of building permit inspections are required?
A.     During construction inspection of footers, foundation, framing, insulation, plumbing and a final inspection to close out permit is required. A list of inspections will be given when permit is issued.

Q.  Do electrical installations need to be inspected?
A.    Yes, all inspections are performed by a third party agency. A list of agencies will be on building permit card when permit is issued

Q.  How do we obtain a Certificate of Occupancy for permit ?
A.    A final inspection must be performed and any required paperwork (electrical inspection, pre-engineered truss certification , etc) must be on file with the office.

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Swimming Pools
All above ground 24" in height and over and in ground pools must have a building permit. These also include the inflatable pools. There are specific requirements for location, fences, gates, locks and electrical regulations for a pool

Above ground pools with at least 48" between pool top and adjoining grade do not need a separate barrier (fence) if only access to the pool is by a ladder or steps either shall be capable of being secured, locked or removed to prevent access or surrounded by a barrier (fence). Decks attached to pools must meet the barrier requirements.

In ground and above ground pools over 24" in height (including inflatable pools) are required to have a barrier around. A four foot fence must be installed around with a self closing and self latching gate. See code section 3109 that covers swimming pool enclosures.

There are also specific requirements for electrical installations for pools. See code requirements for electric.

Remember that pools cannot be erected below electrical power lines or on any easements on your property.

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Stormwater

Other Frequently Asked Questions
Q.  Is open burning allowed?
A.    NO, there is no open burning in the Town and Village of Horseheads. This also includes burning in a rubbish barrel.

Q.  Can I have a camp fire?
A.  Bonfires and recreational fires are regulated by the Fire Code of New York State. A recreational or bonfire cannot be more than 3 feet in diameter and 2 feet in height.

Any open fire that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.

Q.  Can I erect an open sided canopy on my property?

A.    Tents and membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall not be erected, operated or maintained for any purpose without approval from code enforcement office.

         Exceptions:
         1. Tents exclusively used for recreational camping purpose

         2. Fabric canopies and awnings open on all sides with a maximum size of 700

             square  feet, multiple canopies adding up to 700 square feet without fire break

             of 12 feet to all structures, a minimum of 12 feet to all structures and tents

 All tents and canopies cannot be erected for more than 180 days in a 12 month period.

Q.  Is there standards for premises identification?
A.   Yes, buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetic numbers. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch.

Q.  What if I need a premises number?
A.    Contact the Assessors’ office at 607-739-0873 for number assignment

Q.  Can I run a home occupation from my property?
A.  Yes, a permit is required to operate with the following regulations.

●  Must be one of the following: Hairdresser or cosmetologist, barber, financial consultant, accountant, tutor, artist, author, licensed massage therapist, computer consultant, home secretary, contractor, custom dressmaking or tailoring, desktop publishing, professional office, cruise agent and mail order sales.
●  Must be conducted by person owning and residing in the dwelling unit.
●  Must be in dwelling unit living space. Cannot exceed 25% or 500 square feet of home whichever is less.
●  Must be no external evidence of the occupation except for a sign not exceeding 4 square feet attached to dwelling.

Q.  Can I have an unlicensed vehicle on my property?
A.    No, must be licensed, registered and operable. Cannot be tarped but can be stored inside a garage without proper license.

Q.  Can I conduct door to door sales?
A.   Yes, with permit that is issued by Town Clerk. Contact the Town Clerk’s office at 607-739-8783 for information.

Q.  Can I place a mobile home or double wide trailer in the town?
A.   Yes, but only in a mobile home park.

Q.  Can I place a temporary sign in front of my business?
A.   Yes, but by permit only and not for more than 30 consecutive days in any calendar year.

Q.  Are smoke detectors required in existing residential buildings?
A.   Yes, The Property Maintenance code of New York State requires smoke detectors at all of the following locations:

       ●  On each ceiling or wall outside each separate sleeping area in the immediate

            vicinity  of bedrooms.
       ●  In each room used for sleeping purposes.
       ●  In each story within a dwelling unit, including basements and cellars but

           not including crawl spaces and unoccupied attics.

Q.  Can open flame cooking devices, such as LPG-fueled grills and charcoal burners be used on balconies or decks in apartment buildings?
A.   No, cannot be used on combustible balconies or decks. Cylinders greater than 21/2 lb. cannot be stored on balconies. All cooking must be at least 10 feet from building.

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LINKS
www.icsafe.org - New York State Building Codes for purchase
www.energycode.gov - Free software for energy code compliance
www.fema.gov - Information on National Flood Insurance Program
www.firesafety.gov - Information resource for eliminating residential fire deaths
www.townandcountryfd.org - Area fire department serving portions of Horseheads,  Big   Flats and Veteran

www.knoxbox.com key boxes  for fire department entry

www.dec.ny.us - NYS DEC information on storm water regulations

www.cpsc.gov - U.S. Consumer Product Safety Commission- recalls and product safety news

www.dos.state.ny.us/kidsroom - NYS OFPC Kids' room

www.chemungcounty.com - Official site of Chemung County Government

www.bigflatsny.gov- Big Flats Town Government

www.horseheadspd.org - Horseheads Police Department

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Forms

Short Environmental Assessment Form

Guidelines for the Applicant to the Zoning Board of Appeals

Worker's Compensation from WC/DB 12/03

Application for Area Variance

Excavation into the Town ROW Permit

Planning Board Application

Roadside Stand Permit

Timber Harvesting Registration

Electrical Codes for Pools

Application for Special Permit

Temporary Sign Permit

Home Occupation Permit

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