At least that is what some Lancaster residents and businesses believe to be true and/or just try to scam the system.
Considering there were a boat load of building permits issued this past month, as well as several special use permits were approved by Town Board resolution approval at Monday evening’s meeting, I asked the board for clarification on the why’s and wherefores for permits and the penalties for not getting said permits.
According to the town web site permits are required for structural changes, accessory structures, pools and barns; a broad spectrum with no specifics.
So, at the meeting I asked:
Chowaniec: “What is the primary reason for getting a permit?”
Building Department Supervisor Jeff Simme: “For putting up structures.”
Chowaniec: “Two homes in a subdivision off William Street recently had roof replacement. Is it the responsibility of the homeowner or the roofing contractor to get the permit?”
Simme: “It is the homeowner’s responsibility.”
Chowaniec: “What if the homeowner is led to believe that the contractor is going to get the permit, yet he does not and does the work anyway. Who then is in violation for not getting the required permit and the consequences?”
Simme: “The homeowner is ultimately responsible.”
Chowaniec: “I know that, as well as many others. Yet there are individuals who assume otherwise and trust that the contractor would get a required permit for any work done that requires one. Unfortunately, many people have no idea when and what permits are required to do work around the house; and that includes me. It would behoove the town and the media to publish a list as to what permits are required to do what. Too often people say to me that they didn’t need a permit to erect/construct/install something when I hear others say otherwise.”
However, isn’t there another reason the town requires a permit, namely to protect a homeowner against risk should the contractor not be on the Building Department list as providing liability and workman’s compensation coverage, as well as some indication that the contractor is capable to perform work that should ensure a safe environment when electrical, plumbing, etc. projects are completed? Isn’t that another reason for a resident to apply for a permit?”
Simme: “It should encourage them to apply for a permit.”
Chowaniec: “Unfortunately, too many residents look upon the permit system as a money grab, and you can’t blame them.”
“When a permit is issued, does anyone from the building department go to the site and inspect the work performed to ensure it was done according to code?”
Simme: “It depends what kind of permit it is. There are all kinds of home inspections.”
Chowaniec: “My point is that individuals fail to get the required permits because they have no idea when one is required or they are scamming the system and too often your department gets blamed when a project occurs without one by individuals who know of the transgression but are unwilling to bring the infraction to your attention.”
Recently there have been several applications for non conforming special use permits applied for, and all but one has been granted. When the Building Department finds out, after the fact, that a business is in operation without getting a special use permit and/or has violated the terms of the permit, is that operation shut down?”
Simme: “It all depends on what is taking place. If someone is running a business out of their garage and we find they will not have a special use permit, we will tell them to come in and get the required permit. Nine out of ten times the business is not shut down but we put it in as a violation.”
Chowaniec: “So the party is cited with a violation, the issue goes to court, thereby leaving your hands?”
Simme: “Most times it doesn’t (go to court).”
As my allotted time was up, I went to the Building Department later in the week to continue the discourse. What I discovered was:
- There is no bochere available listing projects were permits were required, etc.
- The Building Department oft times will not cite an individual if he or she has not gotten the required permit because they did not realize one was required, the contractor did not follow up on getting the permit, or other extenuating circumstances. They will demand the individual get the required permit; and they do.
- Permits provide protection in that the applicant is able to ask and receive information as to whether a contractor is listed as one in good standing, regarding liability and workman’s compensation insurance and workmanship quality as well. If an individual wishes to do the project on his own there is an exempt application where that individual accepts liability.
- As in some other municipalities, Lancaster does not provide a brochure/list of types of project work require a permit. There is a thick New York State code book the Department uses as a guide and the town codes have within them when permits are required.
- It is a complex situation and homeowners need only to call the Building Department before beginning a project to discover whether a permit is required. In some towns the installation of a hot water tank or furnace requires a permit; not in Lancaster as of now.
In today’s litigious world it is often wiser to pay a few bucks up front than mucho dollars later. Those that don’t get permits for projects that have assessment increase implication are also scamming the system and adversely impacting those taxpayers doing the right thing.
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Originally Posted by Lee Chowaniec
