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Town of Niskayuna, NY
Schenectady County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[Amended 4-25-2023 by L.L. No. 2-2023]
A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
B. 
No building hereafter enlarged, extended, converted from one use or occupancy classification or sub classification to another, or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy or certificate of compliance shall have been issued by the Building Inspector.
C. 
No building is to be considered safely habitable unless a certificate is issued by the New York State Board of Fire Underwriters or the Middle Department Inspection Agency, Inc., and is filed with the Building Department.
A. 
No certificate of occupancy or certificate of compliance shall be issued by the Building Inspector until:
(1) 
Before issuing a certificate of occupancy, the Building Inspector shall have examined or caused to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he may the building inspector[1] conducted such inspections as he deemed appropriate from time to time during and upon approval of completion of the work for which a building permit has been issued; and
[1]
Editor's Note: As in original.
(2) 
Where applicable, the Building Inspector has received and reviewed each written statement of structure observations and/or a final report of special inspections required by any applicable provision of the Uniform Code and determined that the information in such written statement or report adequately demonstrates compliance with the applicable provisions of the Uniform Code; and
(3) 
Where applicable, the Building Inspector has received and reviewed flood hazard certifications required by any applicable provision of the Uniform Code and determined that the information in such certifications adequately demonstrates compliance with the applicable provisions of the Uniform Code; and
(4) 
Where applicable, the Building Inspector has received and reviewed each written statement of the results of tests performed to show compliance with the Energy Code and determined that the information in such statements adequately demonstrates compliance with the applicable provisions of the Energy Code; and
(5) 
Where applicable, the Building Inspector has verified the affixation of the appropriate seals, insignias, truss ID placards, and manufactures data plates as required for factory manufactured buildings and/or manufactured homes.
B. 
There shall be maintained in the Building Inspector's office a record of all such examinations and inspections, together with a record of findings of violations of the law.
A. 
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy or certificate of compliance upon the form provided by him the Town. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy or certificate of compliance and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
B. 
The certificate of occupancy or certificate of compliance shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put and shall include:
(1) 
The building permit number;
(2) 
The date of issuance of the building permit;
(3) 
The name, address, and tax map number of the property;
(4) 
If not applicable to the entire structure, a description of that portion of the structure for which the certificate is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The occupant load of the assembly areas in the structure, if any;
(8) 
Any special conditions imposed in connection with the issuance of the building permit;
(9) 
The signature of the official issuing the certificate;
(10) 
The date of issuance of the certificate.
C. 
Certificates of occupancy or certificates of compliance shall be revoked by the Building Inspector when the certificate was issued in error or on the basis of incorrect information, when deficiencies noted by the Building Inspector have not been corrected, when notification has been received from the fire department of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent, or when unsafe structures and equipment and/or conditions of imminent danger consistent with the requirements of the Uniform Code have been identified.
A. 
Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or public welfare.
(1) 
The temporary certificate of occupancy shall be limited to a specified period of time during which building permit holders shall undertake to bring the structure and property into full compliance with the applicable provisions of the building permit and codes;
(2) 
The temporary certificate of occupancy shall specify the portion or portions of the building or structure that may be occupied pursuant to the temporary certificate of occupancy, and any special terms or conditions of such occupancy that the Building Inspector may deem appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure;
(3) 
The temporary certificate of occupancy shall also include the information mentioned in § 75-12B.
B. 
The Building Inspector shall not issue a temporary certificate of occupancy until it has been determined that the following conditions are met:
(1) 
The structure of portions thereof may be occupied safely; and
(2) 
Any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operations; and
(3) 
All required means of egress from the structure have been provided.
C. 
Temporary certificate of occupancy shall be revoked by the Building Inspector when the certificate was issued in error or on the basis of incorrect information, when deficiencies noted by the Building Inspector have not been corrected, when notification has been received from the fire department of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent, or when unsafe structures and equipment and/or conditions of imminent danger consistent with the requirements of the Uniform Code have been identified.