Section 6-3 Applications and Permits
§ 6-3.1 Applications for Permit.
To obtain a permit, the applicant shall first file an application(s) therefor in writing on a form furnished by the Building Inspection Division for that purpose. Such applications shall: (Ordinance 562 effective November 8th 2009)
- Identify and describe the work to be covered.
- Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
- Indicate the use and occupancy for which the proposed work is intended.
- Be accompanied by construction documents and other information as required.
- State the valuation of the proposed work.
- Be signed by the applicant, or the applicant’s authorized agent.
- Give such other data and information as required by the code official.
Exception for Repairs. Application or notice to the code official is not required for ordinary repairs to structures. Repairs include the restoration to good or sound condition of any part of an existing building for the purpose of its maintenance. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structure beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements, nor shall repairs include addition to, alteration of, replacement or relocation of any plumbing, gas mechanical or electrical system.
Exception for Emergency Situations: Where repair or replacement must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Inspection Division.
§ 6-3.2 Action on Application:
The code official shall examine or cause to be examined all application for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of all pertinent laws or if the application is incomplete for appropriate review, the code official shall reject such application in writing, stating the reasons therefor. If the code official is satisfied that the proposed work conforms to the requirements of these codes and all laws and ordinances applicable thereto, the code official shall issue a permit therefor as soon as practicable. (Ordinance 562 effective November 8th 2009)
§6-3.2.1 Substantially Improved or Substantially Damaged Existing Building and Dwellings.
For applications for alteration, addition, or other improvement of existing buildings or dwellings located in an area prone to flooding, the code official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. If the code official finds that the value of the proposed work equals or exceeds 50 percent of the market value of the building or dwelling, the applications shall meet the requirements for Flood Resistant Construction. (Ordinance 562 effective November 8th 2009)
§ 6-3.3 Time Limitation of Application:
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. (Ordinance 562 effective November 8th 2009)
§ 6-3.5 Permit Required.
Any owner or authorized agent who intends to construct, enlarge, alter, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by these codes, or to cause any such work to be done, shall first make application to the code official and obtain the required permit. A building permit, or application shall not be transferred from one applicant’s name to another’s without express written approval of the code official. (Ordinance 562 effective November 8th 2009)
§ 6-3.6 Work Exempt from Permit.
Except that the work included below shall be exempt from the requirement for a permit. Exemption from the permit requirements of these codes shall not be deemed to grant authorization for work to be done in violation of the provisions of these codes. (Ordinance 562 effective November 8th 2009)
§ 6-3.6.1 Building and Dwelling Codes:
(Ordinance 562 effective November 8th 2009 and Ordinance 578 effective November 8th 2010)
- Residential Accessory Structures that are; not greater than 220 square feet in floor area, with an eave height of 10 feet or less and are not permanently fixed to the ground by a foundation. Provided the accessory structure is anchored to the ground, on a flat and level surface area, by means of screw anchors or other anchor device to prevent overturning in high winds.
- Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or II-A liquids.
- Docks, piers, shoreline protection. However, a zoning certificate must be obtained from Town of Easton Planning and Zoning Department.
- Sidewalks and driveways not more than 30 inches above grade and not over any basement or story below and which are not part of an accessible route.
- Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
- Temporary motion picture, television and theater stage sets and scenery.
- Prefabricated swimming pools accessory to one and two family dwellings occupancy which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.
- Swings and other playground equipment accessory to one- and two-family dwellings.
- Window awnings supported by an exterior wall of one and two family dwellings and Group U occupancies. However, a zoning certificate from the Easton Planning and Zoning office is required.
- Movable cases, counters and partitions not over 5 feet 9 inches in height.
- Tents and other membrane structures erected for a period of less than 180 days. Provided the accessory structure is anchored to the ground, on a flat and level surface area, by means of screw anchors or other anchor device to prevent overturning in high winds.
§ 6-3.6.2 Fuel Gas Codes:
(Ordinance 562 effective November 8th 2009)
- Portable heating appliance.
- Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
§ 6-3.6.3 Mechanical Codes:
(Ordinance 562 effective November 8th 2009)
- Portable heating appliance.
- Portable ventilation equipment.
- Portable cooling unit.
- Steam, hot or chilled water piping within any heating or cooling equipment regulated by these codes.
- Replacement of any part which does not alter its approval or make it unsafe.
- Portable evaporative cooler.
- Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.
§ 6-3.6.4 Plumbing Codes:
(Ordinance 562 effective November 8th 2009)
- The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material such work shall be considered as new work and a permit shall be obtained and inspection made as provided in these codes.
- The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
§ 6-3.6.6 Public service agencies.
A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. (Ordinance 562 effective November 8th 2009)
§ 6-3.7 Temporary Structures and Uses.
The code official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited in classification and to the time of service as follows: (Ordinance 578 effective November 8th 2010, historical reference 562)
- Temporary Structures including Marketplace Buildings, Mobile Offices and Storage Trailers shall be limited to the time of service, but shall not be permitted for more than 1095 days.
Exception: Temporary Structures time of service may be permitted for more than 1095 days; upon written request of the property owner prior to the expiration of the time of service and inspection by the code official. The code official is authorized to renew the time of service upon approval for up to an additional 365 days for each written request and inspection.
- Temporary Structures with an associated Building Permit including Mobile Offices and Storage Trailers may be used on construction sites for the duration of a Building Permit if such structures are incidental to the construction work being performed on site. When such work is completed or abandoned, the temporary structure shall be removed.
- Temporary Uses of Existing; Buildings and Dwellings shall be limited to the time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extension for demonstrated cause of an additional 180 days.
§ 6-3.7.1 Temporary Power.
The code official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate or completion has been issued. The part covered by the temporary certificate shall comply with the requirements within these codes for temporary lighting, heat or power. (Ordinance 562 effective November 8th 2009)
§ 6-3.7.2 Termination of Approval.
The code official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. (Ordinance 562 effective November 8th 2009)
§ 6-3.8 Validity of Permit.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of these codes or of any other ordinance of the Town. Permits presuming to give authority to violate or cancel the provisions of these codes or other ordinances of the Town shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the code official from requiring the correction of errors in the construction, construction documents and other data. The code official is authorized to prevent occupancy or use of a structure which are in violation of these codes or of any other ordinances of the Town. (Ordinance 562 effective November 8th 2009)
§ 6-3.9 Expiration.
Every permit issued shall become: invalid unless the work on the permit is commenced within 180 days after the permit’s issuance or expired if the commenced work is suspended or abandoned for a period greater than 180 days from the last inspection. Validation of commencement shall be through required inspections and, suspension or abandonment shall be through periodic inspections by the Building Inspection Division, All permits shall expire 630 days from the date of their issuance. The code official is authorized to grant, in writing, one or more extensions of time, for periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. (Ordinance 562 effective November 8th 2009)
§ 6-3.10 Suspension or Revocation.
The code official is authorized to suspend, revoke or withhold any permits or future permits to such contractor, developer, or owner issued under the provisions of these codes whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or if the contractor, developer, or owner is in violation of any ordinance or regulation or any of the provisions of these codes or any other code, ordinance or provision of law applicable within the Town of Easton. Permits that are being withheld shall continue to be withheld until all violations, penalties and fees have been corrected and paid, if any. (Ordinance 562 effective November 8th 2009)
§ 6-3.11 Placement of Permit.
Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the Building Inspection Division. (Ordinance 562 effective November 8th 2009)
§ 6-3.12 Responsibility.
It shall be the duty of every person who performs work for the installation or repair of building, dwelling, electrical, gas, mechanical or plumbing systems, for which these codes are applicable, to comply with these codes. (Ordinance 562 effective November 8th 2009)