300 - Permits.

§  300.  Permits. 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 sectiontwenty-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.