Section 300. Permits  


Latest version.
  • 1. It shall be unlawful to commence the construction
      or alteration of a multiple dwelling or any part or section thereof,  or
      of  any  building  or structure on the same lot with such a dwelling, or
      the alteration or conversion  of  a  building  for  use  as  a  multiple
      dwelling, or the moving of a dwelling from one lot to another, until the
      issuance  of  a permit by the department upon compliance with all of the
      following requirements:
        a. The owner, or  a  registered  architect  or  licensed  professional
      engineer  designated  by  the  owner  as  his agent, shall file with the
      department, upon a form furnished by it, a  detailed  statement  of  the
      specifications for the construction, alteration, conversion or moving of
      such  dwelling or structure and for its use and occupancy, together with
      as many complete copies of the plans of such work as may be required  by
      the department.
        b.  Such  statement  shall  give the name and residence, by street and
      number,  of  the  owner  of  such  dwelling  or   structure.   If   such
      construction, alteration, conversion or moving is proposed to be done by
      any other person than the owner of the land in fee, such statement shall
      also  contain  the  name  and  residence, by street and number, of every
      person interested in such land and dwelling, either as owner, as  lessee
      or in any representative capacity.
        c.  Such  statement  shall  be  verified by an affidavit of the person
      making it. Said affidavit shall  allege  that  said  specifications  and
      plans  are  true  and  contain a correct description of such dwelling or
      structure, of the class and kind thereof, of its occupancy  of  the  lot
      and  of  the proposed work. No architect or engineer shall be recognized
      as the agent of the owner unless he shall file  with  the  department  a
      written  instrument, signed by the owner, designating him as such agent.
      Any false allegation in respect to a  material  point  shall  be  deemed
      perjury.
        d.  Such  specifications,  plans  and statements shall be filed in the
      department, which shall cause them to be examined.  If  such  plans  and
      specifications  conform  to  the  provisions  of  this  chapter,  to the
      building code and regulations, and to all  other  applicable  law,  they
      shall  be  approved by the department, and a written certificate to that
      effect shall be issued to the person entitled thereto.
        2. The construction, alteration, conversion or moving of such dwelling
      or structure or any section or part thereof shall be in accordance  with
      such  approved  specifications, plans and statements. The department may
      approve changes in any plans, specifications and  statements  previously
      approved  by  it,  provided  that when so changed they are in conformity
      with law and with the provision of subdivision four.
        3. Nothing contained in this section shall prevent the department from
      issuing a permit for the erection of the foundation or cellar walls of a
      dwelling, provided plans have been filed and approved in the  department
      for the erection of such walls, but no construction above the first tier
      of beams shall be authorized under such permit.
        4.  Any  permit or approval which may be issued by the department, but
      under which no work has been done above the foundation or  cellar  walls
      within  two  years  from  the  time  of  the  issuance of such permit or
      approval, shall expire. The department may reissue any permit  or  renew
      any approval that has so expired, but shall require, except as otherwise
      provided  in  subdivision  one  of section twenty-six, that the plans be
      made to conform with any amendments to any laws applicable thereto  that
      may have been enacted after the approval of the original application.
        5.  Any  permit  or  approval issued for plans filed prior to December
      fifteenth, nineteen hundred sixty-one, where such plans  do  not  comply
      with  the  provisions  of  paragraph  d  of  subdivision  one of section
    
      twenty-six,  shall  expire  on  December  fifteenth,  nineteen   hundred
      sixty-seven.
        6.  No  room  in  a  cellar  or  basement shall be occupied for living
      purposes unless the department shall issue a  written  permit  for  such
      occupancy  after all the applicable provisions of law have been complied
      with. If such permit is refused or revoked, the reason for  such  action
      shall  be  stated  by  the  department  in  writing  and  a copy of such
      statement shall be recorded by the department and be accessible  to  the
      public.  In  a  tenement such permit shall be kept readily accessible in
      the main living room of the apartment containing such cellar or basement
      room.
        7. The department shall have power to revoke or cancel any  permit  or
      approval  in case of any failure to comply with any of the provisions of
      this chapter, or in case any false allegation or representation is  made
      in  any  specifications, plans or statements submitted or filed for such
      permit or approval.
        8. All specifications, plans, permits  and  statements  filed  in  the
      department  shall  be  public  records and shall not be removed from the
      department.