Town of Niskayuna, NY Article II Building Permits

[Amended 4-25-2023 by L.L. No. 2-2023]

§ 75-4 Permit required; exception.

A. No person may commence any erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure or cause the same to be done without first obtaining a separate building permit from the Building Inspector for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature or as exempted by the Uniform Code.

B. No person may conduct any process or activity or operate any type of building, structure or facility listed in Part 1203 of Title 19 of the New York Codes, Rules and Regulations without first obtaining an operating permit from the Building Inspector.

§ 75-5 Application.

A. Application for a building permit shall be made to the Building Inspector on forms provided by the Building Inspector and shall contain the following information:

(1) A description of the land on which the proposed work is to be done.

(2) A statement of the use or occupancy of all parts of the land and of the building or structure.

(3) The valuation of the proposed work, including materials and labor.

(4) The full name and address of the owner and of the applicant and the names and addresses of their responsible officers, if any of them are corporations.

(5) A brief description of the nature of the proposed work.

(6) Plans and specifications as set forth in Subsection C.

(7) Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.

B. The application shall be made by the owner or lessee or agent of either or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such.

C. Each application for a building permit shall be accompanied by multiple copies of plans and specifications in number as required by the Building Inspector, which shall include a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. In those cases required by the Education Law of the State of New York, plans and specifications shall bear the signature and seal of the registered architect, licensed professional engineer or licensed land surveyor responsible for the design and drawings. The Building Inspector may waive the requirement for filing plans.

D. Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.

E. Fees.

(1) Each application for a building permit shall be accompanied by a fee as specified in a fee schedule to be established and revised from time to time by resolution of the Town Board. In the event that an application is not approved, 50% of the fee paid shall be refunded, provided that construction has not commenced. In the event that construction has commenced, no fee paid may be refunded.

(2) A building permit is good for one year from the date of issuance; after that one-year period a building permit renewal is required. The fee schedule for renewal permits is established and revised from time to time by resolution of the Town Board. A building permit renewal is good for six months from the date of issuance.

(3) A fee will be will be established and revised from time to time by resolution of the Town Board for the research of building permit files, certificate of occupancy letters and copying of existing certificates of occupancy.

§ 75-6 Issuance.

A. The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. Subject to the provisions of such other laws, ordinances, codes or regulations which may require review or approval by other officials, the Building Inspector shall approve or disapprove the application within a reasonable time.

B. Upon approval of the application and upon receipt of the legal fees therefor, the Building Inspector shall execute and issue or cause to be executed and issued a building permit to the applicant upon the form prescribed.

(1) The building permit(s) shall contain a statement indicating that all work shall be performed in accordance with the approved building permit application including any supporting information and documentation, such as construction documents, written statements, submittal documents, etc.

(2) In addition, the building permits shall state that the building permit holder must notify the Building Inspector immediately in the event of changes occurring during construction.

C. Upon approval of the application, all sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector, one set shall be delivered to the Town Assessor, and one set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the Building Inspector at all reasonable times.

D. With every permit issued, the Building Inspector shall issue to the applicant eight-and-five-tenths-inch by eleven-inch card-stock building permit bearing the permit number and signature of the Building Inspector. It shall be the responsibility of the applicant to prominently display the permit on the job site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares.

E. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

§ 75-7 Performance of work; Inspection.

A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months one year[1] after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each.

[1] Editor's Note: As in original.

B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications, except that no building permit shall be valid insofar as it authorized the performance of work or the use of materials which are not in accordance with the requirements of the applicable building regulations.

C. The Building Inspector or an individual or entity contracted by the Town of Niskayuna shall perform construction inspections as required, including those listed in the paragraphs below, either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Building Inspector the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Building Inspector that the elements of the construction process conform with the applicable requirements of the Building Permit and building codes. Should a remote inspection not afford the Building Inspector sufficient information to make a determination, an in-person inspection shall be performed. Inspections shall include but not be limited to the following elements of the construction process, where applicable:

(1) Worksite prior to the issuance of a permit;

(2) Footing;

(3) Foundation;

(4) Preparation for concrete slab;

(5) Framing;

(6) Structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building;

(7) Fire resistant construction;

(8) Fire resistant penetrations;

(9) Solid fuel-burning heating appliances, chimneys, flues or gas vents;

(10) Insulation and other inspections required to demonstrate Energy Code compliance, including but not limited to fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, high-performance lighting, and controls;

(11) Installation, connection, and assembly of factory manufactured buildings and manufactured homes; and

(12) A final inspection after all work authorized by the building permit has been completed.

D. Work for which a permit has been issued must remain accessible and exposed until inspected and approved by the Building Inspector.

E. Building permit holders shall notify the Building Inspector when construction work is ready for inspection.

F. After each inspection, the Building Inspector shall note the work or a portion thereof to be satisfactorily completed or the building permit holder shall be notified as to the manner in which the work fails to comply with either or both the building permit or codes, including a citation to the specific code or building permit provision or provisions that have not been met. Work not in compliance shall remain exposed until it has been brought into compliance with the building permit or codes, reinspected, and found to be satisfactory as completed by the Building Inspector.

G. Fire safety and property maintenance inspections.

(1) The Building Inspector or an individual or entity contracted by the Town of Niskayuna shall perform fire safety and property maintenance inspections either in person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Building Inspector the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Building Inspector that the elements of the construction process conform with the applicable requirements of the building permit and building codes. Should a remote inspection not afford the Building Inspector sufficient information to make a determination, an in-person inspection shall be performed.

(2) Fire safety and property maintenance inspections shall be performed at intervals consistent with local conditions, but in no event shall such intervals exceed:

(a) One year for buildings which contain an assembly area;

(b) One year for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining or recreation facilities; and

(c) Three years for multiple dwellings and nonresidential occupancies.

(3) Following each fire safety and property maintenance inspection, the Building Inspectors shall note the premises as satisfactory, or the owner and operator shall be notified as to the manner in which the premises fails to comply with the Uniform Code, including a citation to the specific Uniform Code provision or provisions that have not been met.

§ 75-8 Revocation.

The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:

A. Where he the building inspector finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

B. Where he the building inspector finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.

C. Where he the building inspector finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.

D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.

§ 75-9 Stop orders.

Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances, codes or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner or when a building permit has been issued in error, he the building inspector shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him that person[1] or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered or certified mail.

[1] Editor's Note: As in original.