Government  

Building Department

Gerry Kusse, Building Inspector/Code Enforcement Officer

Office:

 5977 East Henrietta Rd.    (Click for Map)
Rush, NY 14543
Phone:(585) 533-9114
Pager:(585) 463-7099
Email:
Office Hours:Monday 9:00AM - 1:00PM and Thursday 4:00PM - 6:00PM

 Gerry Kusse, Building Inspector/Code Enforcement Officer
Gerry Kusse

Questions relating to Certificates of Occupancy, Building Permit Fees or other related Building Inspection issues should be directed to the Building Inspector/Code Enforcement Officer at the Town Hall. There is a 24-hour notice required to schedule inspections.
 

When Do You Need a Building Permit?

Changes to properties and structures often require a Building Permit under the Codes of the Town of Rush. The following are some guidelines to help you determine if a permit may be required.

A Building Permit is required to:

  1. Erect, add onto, relocate or make structural changes to a building. This includes: an attached or detached accessory building such as a garage, carport, breezeway, storage shed, porch or patio, or permanently enclosing an existing porch.
  2. Install, relocate or remove interior partitions or walls.
  3. Enlarge, decrease or otherwise modify existing doors or windows.
  4. Install fire escapes, cellar stairs fire-rated enclosures or fire-retarded cellar ceilings in multiple dwellings.
  5. Repair fire damage.
  6. Demolish any structure.
  7. Erect an attached or unattached, open or covered deck.
  8. Install or replace a masonry chimney or metal flue stack.
  9. Install a swimming pool, in-ground or above ground.
  10. Install a permanent outdoor fireplace or barbecue.
  11. Install a fuel tank, gasoline tank, or other flammable liquid or gaseous tank either above or below grade.
  12. Install a satellite antenna.
  13. Install or replace a solid fuel burning device (i.e. wood stoves, etc.).
A Building Permit is NOT required to:
  1. Make ordinary repairs which replace existing materials with new materials of like class and kind. For example, replacing porch steps or railings or making a minor roof repair or minor repair to a chimney or foundation wall does not require a permit.
  2. Install or replace gutters or downspouts.
  3. Install nonconductive, nonmetal siding.
  4. Install or replace sidewalk on private property.
  5. Pave or replace an existing driveway.
 

Residential Construction Information

This information has been put together to help answer the most frequently asked questions about residential construction.

  1. A BASEMENT CANNOT BE USED FOR LIVING SPACE UNLESS IT HAS:
    1. A primary entrance/exit.
    2. An opening for emergency use that leads directly to the exterior, such as another door or window no higher than 4'6" off the finished floor, with 18" of clear opening and a 4 sq. ft. minimum total opening.
    3. A ceiling height of at least 7'6".
    4. One exterior wall the entire length of the habitable space, at or lower than the floor level of the space.
      5. NOTE: Recreation rooms are a different situation. Please visit the Building Department for your particular area.

  2. INTERIOR AND EXTERIOR STAIRS MUST HAVE:
    1. Minimum tread depth of 9" plus 1 1/8" nosing for closed riser stairs.
    2. Minimum tread depth of 9" for open riser stairs.
    3. Maximum riser height of 8 1/4 with no variation of more than 1/8 in any one run of stairs.
    4. Stair widths of not less than 2'6" between handrails.
    5. Minimum clear headroom of 6'6" (or 6'4" for cellar stairs).
    6. Handrails if more than three risers.
    7. Handrails on both sides if stairs are open on both sides.
    8. Railings, at least 30" high, on porches and balconies if 18" or more is off adjacent floor or grade.

  3. DOORS MUST BE:
    1. At least 36" wide for main entrance doors.
    2. At least 32" wide for other doors that exit the home.
    3. At least 6'8" in height.

  4. ALL HABITABLE SPACE (INCLUDES LIVING ROOMS, BEDROOMS, DINING ROOMS, AND SUCH) MUST HAVE AT LEAST ONE EMERGENCY EXIT WHICH:
    1. Must be in addition to the main entrance/exit from the room.
    2. Must have a total of at least 5.7 sq. ft. of area.
    3. Must have at least 20" of total clear opening in width and height.
    4. Cannot be more than 3'6" off from the finished floor, and must lead to "Legal Open Space."

  5. SMOKE DETECTORS:
    1. At least one must be hardwired to a lighting circuit.
    2. Must be adjacent to any sleeping areas, on or near the ceiling.
    3. We suggest others be installed on every floor of the building.

  6. CHIMNEYS:
    1. Prefabricated chimneys must be installed according to manufacturer specifications.
    2. Masonry chimneys must have:
      1. Clean-outs with noncombustible doors sealed tight.
      2. Flues mortared with non-water soluble refractory cement.
    3. Must have a 2" minimum clearance to combustible interior, and 1" minimum clearance to combustible exterior.
    4. Chimneys must terminate at least 3' above the roof and at least 2' above anything within 10' of the chimney.
    5. NFPA 211 and TEK SPEC 3, must be followed.
    6. Plans and specifications for all solid fuel burning appliances and prefab chimneys must be submitted for review and approval by the Fire Code Inspector.

  7. FIRE SEPARATIONS:
    1. Garages attached to or within 5 feet of a structure must be separated from the dwelling by construction having a fire-resistance rating of at least 3/4 of an hour.
    2. Doors and jambs in the common wall must be at least three-fourths of an hour rated and equipped with a self-closing device. This door cannot open into a room used for sleeping.

  8. NATURAL GAS OR L.P GAS FURNACES AND WATER HEATERS:
    1. Must be installed to manufactures specifications and/or NFPA 54, THE FUEL GAS CODE.
    2. Be sure that there is adequate combustion air for the appliances. This is necessary in enclosed rooms as well as open cellars.
    3. If the appliance is located on a floor that has habitable space, then the door to the room must be self-closing and be protected with noncombustible material on the furnace side of the door.

  9. MISCELLANEOUS:
    1. Foundations must have anchor bolts, at least 6' o.c.
    2. Bathrooms without windows must have mechanical ventilation; vented to the exterior.
    3. Water distribution systems must be Type "L" copper.
    4. Waste piping underground and under concrete must be cast iron.
    5. Water heater and boiler relief valves must have a pipe extension to within 12" of the floor.
    6. Firestopping must be installed as per the attached sheets.
    7. Any opening in a bearing wall that is over six (6) feet, rough opening width must have double jack studs installed to support the header.
 

2009 Fee Schedule

Building permits can be renewed for 1/2 the original permit fee, however, the minimum permit fee will still apply

    Residential Construction Permit

    $10.00 per 100 sq. ft. or fraction thereof of total gross area, including basement, porch, garage.

    Multiple Dwelling Construction Permit

    $11.00 per 100 sq. ft. or fraction thereof of total gross area.

    Commercial/Industrial Construction Permit

    $12.00 per 100 sq. ft. or fraction thereof of total gross area.

    Agricultural Use Construction

    $5.50 per 100 sq. ft. or fraction thereof of total gross area.

    Minimum permit fee

    $50.00 for all construction

    Maximum permit fee

    $100.00 for agricultural construction

    Miscellaneous Permit Fee

    $50.00 (wood stove, chimney, fireplace, outdoor furnace, etc.)

    Engineering Fees

    Any fees incurred at the discretion of the Building Department for plan review or construction to be billed to permit applicant at cost plus 10% for expenses.

    Re-inspection

    $50.00 levied to the permit holder at the discretion of the Building Department when multiple inspections of the same item are required.

    Certificate of Occupancy/Compliance

    $50.00 residential
    $100.00 commercial/industrial
    required of all permits

    Temporary Certificate of Occupancy

    $100.00 when issued at the request of the permit holder and at the discretion of the Building Department. Fee will be billed to the permit holder.

    Swimming Pools

    $35.00 above ground 1 & 2 family residential + $10.00 fence permit, if required
    $40.00 plus $10.00 fence permit fee for in ground 1 & 2 family residential
    $100.00 plus $10.00 permit fee - all others

    Driveway Permit (Residential)

    $80.00 town roads

    Driveway Permit (Commercial)

    $120.00 town roads

    Fence Permit

    $25.00

    Excavation Permit

    $100.00

    Recreation Fee

    Charged for new residential construction or placement at a new street number location upon issuance of a building permit or certificate of occupancy to be deposited in a fund for use in the acquisition of land and/or construction of capital improvements for park, playground or recreational purposes.
    $300.00 residential construction - single family
    $600.00 residential construction - two family/duplex
    Multiple family dwelling units, per unit:
    1 - studio or 1 bedroom units - $150.00
    2 - two bedroom units - $200.00
    3 - three or more bedroom units - $300.00

    Demolition Permit

    $50.00

    Communication Device Permit

    $10.00 per foot, Minimun fee $450.00

    Road Work Permits

    Temporary Access - Construction
    $80.00

    Underground Boring
    $80.00

    Road Cut
    $300.00

    Work Within Right of Way (ROW)
    $80.00

    Security Deposits

    Boring/Pushing/Tunneling
    $2,500.00

    Open Cut - shoulder to road
    $1,200.00

    Open Cut - pavement
    $3,000.00
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