Building Department FAQ's
Yes. Except for Plumbing and Electrical work, unless you have a Rockland County License for such work.
Every building permit shall be closed out with a issuance of a certificate of occupancy or certificate of compliance.
C of O – New construction, additions, alteration-level 2 (the entire building shall be inspected and C of O shall be issued for the entire building).
C of C – For all other permits (only the work area shall be inspected and the C of C shall be issued for such work area).
Click on Maplink, type in your address and click on the type of use of your property.
File a building permit application, staff will advise you once permit is received.
The ARB shall have the following powers and duties:
To hear and decide requests and impose reasonable conditions for building permits for the construction or alteration of any structure or item that would affect the exterior appearance or would be visible from the exterior, including:
New construction, Additions., Alterations, Mechanical equipment visible from the street or adjacent property, Street furnishings, Signs, Site Plan Development, Subdivisions, Demolitions, Historic Landmarks.
The Planning Board shall have the following powers and duties: Preliminary and final site plan approval. Preliminary and final subdivision approval, Merger of adjacent lots, Tree removal permits.
The Zoning Board of Appeals shall have the following powers and duties:
Appeals of an order, requirement, decision, interpretation or determination of the Building Inspector, the Planning Board or the Architectural Review Board. Area and use variances, special permits to alter, enlarge or extend a lawfully existing nonconforming use.
Special permits to increase building heights in exchange for public benefit features. To increase density bonus in multiple family development in exchange for providing affordable and workforce units, Amendments to Zoning Chapter, Historic designation.
At the Building Department, Village Hall, 9 N. Broadway, Nyack, NY 10960. Office hours are 9 am to 5 pm, Monday through Friday.
Any changes to properties and structures, including new construction and renovations, require permits in accordance with the Code of the Village of Nyack. All work must also comply with the New York State Uniform Code and/or Energy Code. This information provides specific guidelines and examples to help you determine whether permits are needed for your planned electrical, plumbing, or structural projects. Contact the Building Dept before starting and construction work to verify if a permit is required.
Permits are required for the following work: additions, alteration level, awning, change of use, crane, deck, demolition (structure of interior): electrical, electrical car charger, electric service upgrade, fence, fire alarm system, foundation only, generator, lift, mechanical equipment, new construction, fire sprinklers, outdoor dining spaces, retaining wall, re-roofing, scaffold, shed, siding, sidewalk replacement, sidewalk cafes, signs, solar energy system, swimming pools, hot tubs, tank - removal, abandonment, installation, tree removal, window replacement.
In addition to the Liability Insurance Certificate required by the Village of Nyack, New York State Law requires contractors to maintain Worker’s Compensation and Disability & family leave Insurance for their employees.
Certificate of Liability Insurance shall be provided on the “ACORD” form.
Certificate Holder: Village of Nyack, 9 N. Broadway, Nyack, NY 10960
Description of Operation/Location: Provide complete job address
Certificate of Worker’s Compensation and Certificate of Disability/Paid Family Leave shall be provided separately on the NYS form.
If the contractor believes they are exempt from the requirements to provide Worker’s Compensation and Disability & family leave Benefits,
the contractor shall complete NYS form CE-200 online @:https://www.businessexpress.ny.gov
An asbestos survey shall be completed by a certified Asbestos Inspector whenever all or part of a building or structure will be demolished, renovated, remodeled or repaired. A building permit shall not be issued without a survey report.
New York State has adopted the 2020 Uniform Code of New York State and the 2020 Energy Conservation Construction Code of New York State, based on the 2018 International Code Council (ICC) books with New York State specific amendments included.  The following link will take you directly to the online version of the code books (Click Here for Codes).  Copies of prior versions of the codes may be available from local libraries.  Additionally, electronic copies have been provided to four Supreme Court Law Libraries (located in the Bronx, Brooklyn, Plattsburgh, and Bath) and the State Library in Albany.
The 2020 Uniform Code of New York State and 2020 Energy Conservation Construction Code of New York State do not have Supplements associated with them. All New York State amendments are included in the books and in Title 19 NYCRR.
On and after May 12, 2020 the new 2020 Uniform and Energy Code of New York State are fully effective
Information for new swimming pools, hot tubs, and spas associated with detached one and two family dwellings and townhouses that are not more than three stores above grade plane can be found in the 2020 Residential Code of New York State Section R326. These sections outline items such as necessary alarms, entrapment protection, and barrier requirements. Residential Code Chapter 42 applies to the construction and installation of electric wiring and equipment associated with all swimming pools. The 2020 Property Maintenance Code of New York State, Section 303 states that swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
19 NYCRR Part 1205 outlines the variance and appeal process for the Uniform Code. An unofficial version of this Part can be found here (Click Here). Energy Law §11-106 provides that an application for a variance or modification of any standard or requirement of the Energy Code shall be made to the Secretary of State. If you feel that you are unable to comply with a code section or believe that a code section is being improperly interpreted or enforced by a building department, then you have the option to apply for and obtain a variance or successfully appeal the determination of the local building department. If you wish to apply for a variance or appeal for the Uniform Code, please download the Application for Variance or Appeal form and submit it to the appropriate Regional Office. The application can be obtained by clicking here (Click Here); a map of the Regional offices can be obtained by clicking here (Click Here). If you wish to apply for a variance for the Energy Code, please download the Application for Energy Variance and submit to the Albany office. This application can be obtained by clicking here (Click Here).
19 NYCRR Part 1240 (Part 1240) and the publications incorporated by reference in Part 1240 constitute the State Energy Conservation Construction Code (the State Energy Code) promulgated pursuant to Article 11 of the Energy Law. The most current version of the State Energy Code became effective on May 12, 2020. The two main documents incorporated by reference are the 2020 Energy Conservation Construction Code of New York State (Publication date, November 2019) (typically referred to as the 2020 ECCCNYS) and ANSI/ASHRAE/IES Standard 90.1-2016, Energy Standard for Buildings Except Low-Rise Residential Buildings (October 2016 printing) (typically referred to as ASHRAE 90.1). Please see 19 NYCRR 1240 for all publications incorporated by reference into Part 1240.
The following link will take you directly to the online version of the Codes of New York State: https://codes.iccsafe.org/codes/new-york.
ASHRAE 90.1-2016 may be obtained from the publisher electronically at: https://www.ashrae.org/technical-resources/bookstore/standard-90-1.
Electronic copies of all publications incorporated by reference have been provided to four Supreme Court Law Libraries (located in Bronx, Brooklyn, Plattsburgh, and Bath) and the State Library in Albany. Additionally, they are available for public inspection and copying at the Office of the New York State Department of State located at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.
The 2020 ECCCNYS is divided into two separate sections: Commercial Provisions and Residential Provisions. Chapters prefixed by “C” are applicable to “commercial buildings;” Chapters prefixed by “R” are applicable to “residential buildings,” as these terms are defined in Chapter 2 of the 2020 ECCCNYS.
Chapter 11 of the 2020 RCNYS is intended to be a restatement of the 2020 ECCCNYS Residential Provisions, included as a convenience to the users; however, in the event of any conflict between the Residential Provisions of the 2020 ECCCNYS and the Provisions set forth in Chapter 11 of the 2020 RCNYS, the Residential Provisions of the 2020 ECCCNYS take precedence.
Yes. Sections R101.5.1 and C101.5.1 of the 2020 ECCCNYS indicate that compliance software can be used to demonstrate compliance with the Energy Code. REScheck© and COMcheck© are approved for residential buildings and commercial buildings, respectively. Other software that has been expressly approved in writing by the New York Secretary of State as acceptable for demonstrating compliance may also be used. The REScheck© automated printout represents compliance with the building envelope provisions only. The required Mandatory provisions of the Residential and Commercial energy code must also be met and enforced when using REScheck© or COMcheck,© and are reflected in the checklists that accompany the printout sheets. Free versions of the REScheck© and COMcheck© software may be found at www.energycodes.gov. Since NYS did not adopt substantial building envelope amendments to the Residential Provisions of the 2018 IECC or the Commercial Provisions of ASHRAE 90.1-2016, NYS-specific software is not available at this time, and instead, in the Code dropdown, 2018 IECC for Residential Provisions or ASHRAE 90.1-2016 Commercial Provisions should be selected, respectively. At the present time, only REScheck© Web is available for compliance with the 2018 IECC Residential Provisions. To demonstrate compliance with the Commercial Provisions of the 2020 ECCCNYS, a NYS-specific version of COMcheck© termed “2020 NYSECCC” is available. See the following Code Outreach Program document for more information: https://dos.ny.gov/system/files/documents/2021/12/2021-12-energy-code-compliance-software.pdf
Prior versions of REScheck© and COMcheck© are available by email request, to the US Department of Energy, at https://www.energycodes.gov/HelpDesk
Yes. Per Section R402.4 of the 2020 ECCCNYS, the use of a "blower door test" (ACH 50 testing) is a mandatory requirement to determine building tightness for new construction only. However, blower door testing requirements are not applicable to work performed in existing residential buildings.
Yes. In residential buildings, Section R806.5 of the 2020 RCNYS permits an “unvented attic” under specified conditions and requirements.
Sections R316.5.3 (Attics), R316.5.4 (Crawl spaces), and R316.5.11 (Sill plates and headers) of the 2020 RCNYS allow spray foam applications without an ignition barrier under the specific conditions defined within each of those code sections. Alternatively, the foam material may be covered by a thermal barrier in accordance with Sections R316.3 and R316.4 of the 2020 RCNYS where the foam plastic has been tested in accordance with Section R316.6 of the 2020 RCNYS.
Yes. Section R403.7 of the 2020 ECCCNYS addresses equipment sizing and efficiency ratings and is a mandatory requirement. It states in part that "heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies". These requirements become increasingly important in tighter homes, which require smaller heating and cooling loads, due to a decrease in the loss of conditioned air through building infiltration.
Sealing of ductwork is a mandatory requirement of the 2020 RCNYS and 2020 ECCCNYS. The requirement for duct leakage testing of the completed ductwork is waived if the air handler and ducts are located completely within the conditioned building envelope and building air barrier. As an example, if an air handler and ductwork are located within a basement space and the basement enclosing walls and the floor joist perimeter (band joist directly above) have been insulated in accordance with the requirements of the 2020 ECCCNYS, the ductwork and air handler are located within conditioned space and qualify for the duct leakage testing exception. If the ductwork for heating and/or cooling or air handler are located outside of the building thermal envelope (for example, a central AC or furnace in an unconditioned attic -above the insulation), then the ductwork requires duct leakage testing as well as insulation of the ductwork, per code requirements.
Yes. A mandatory requirement in Section R404.1 of the 2020 ECCCNYS states that in new residential buildings not less than 90 percent of the permanently installed lighting fixtures must be supplied with high-efficacy lamps. Examples of such lamps include compact fluorescent lamps or LED (light emitting diode) lamps. The following are also required to meet the requirements of Section R404.1 of the 2020 ECCCNYS: additions and changes of occupancy that would result in an increase in demand for either fossil fuel or electrical energy; the conversion from any occupancy or use to a dwelling unit; alterations that replace more than 50% of the luminaires in the space; and alterations that replace less than 50% of the luminaires in the space but result in an increase in the installed interior lighting power.
Per the mandatory requirement of Section R403.9 of the 2020 ECCCNYS, where snow- and ice-melting systems are provided and are supplied with energy service from a building, they shall include automatic controls capable of shutting off the system when the pavement temperature is above 50ºF and no precipitation is falling and with an automatic or manual control that will allow shutoff when the outdoor temperature is above 40ºF. See also Section C403.12.2 of the 2020 ECCCNYS for a similar requirement applicable to all new snow- and ice-melting systems for commercial buildings
Yes. Sections C404 and R403 of the 2020 ECCCNYS contain provisions for the energy consumption of pools and spas in commercial buildings and residential buildings, respectively. Some of these provisions apply to heaters, time switches, and covers.
An Energy Recovery Ventilator (ERV), or Heat Recovery Ventilator (HRV) is not specifically required by code. However, Section R403.6 of the 2020 ECCCNYS contains a mandatory requirement for whole house mechanical ventilation systems to be installed in new residential buildings in accordance with the 2020 RCNYS or the 2020 Mechanical Code of New York State (2020 MCNYS).
A “whole house mechanical ventilation system” is defined in Chapter 2 of the 2020 ECCCNYS as: “an exhaust system, supply system, or combination thereof that is designed to mechanically exchange indoor air with outdoor air when operating continuously or through a programmed intermittent schedule to satisfy the whole house ventilation rates.”
The design parameters for a whole house mechanical ventilation system are contained in Section R403.6 of the 2020 ECCCNYS and Section M1505 of the 2020 RCNYS. Whole house mechanical ventilation systems shall consist of one or more supply or exhaust fans (or a combination thereof), associated ducts, automatic or gravity/backdraft dampers in outdoor air and exhaust air ducts, and controls. Although the code allows for supply or exhaust fans to serve as a ventilation system, outdoor air intake must be a consideration of the system.
Applications for variances from any standard or requirement of the State Energy Code for reasons of practical difficulty or unnecessary hardship may only be made to and granted by the Secretary of State. Pursuant to Energy Law §11-106, variance applications must include alternative energy conservation standards or requirements to achieve to the extent practicable the purposes of Article 11 of the Energy Law.
However, applications for variances from any municipality’s more stringent local energy conservation construction code adopted pursuant to Energy Law §11-109 are not submitted to or granted by the Secretary of State or the Regional Boards of Review. Please check with the applicable municipality regarding any variance procedures that may be in place for requirements of such local provisions.
To request technical support on provisions of the State Energy Code, contact energy.code.support@dos.ny.gov.
For support on the NYStretch Energy Code supplement, please reach out to the local municipality’s building code enforcement office or the NYSERDA code hotline at 1-866-697-3732 or codes@nyserda.ny.gov.
