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Town of Niskayuna, NY
Schenectady County
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Table of Contents
Table of Contents
Buildings occupied in whole or in part as multiple dwellings shall conform to the requirements hereinafter set forth concerning occupancy, size, light and ventilation so as to provide a safe and healthful environment.
A. 
In dwelling units existing or under construction on May 1, 1972, the maximum number of occupants shall be determined at the time of letting or renting on the basis of gross floor area as follows:
[Amended 11-19-1991 by L.L. No. 13-1991]
(1) 
At least 150 square feet of gross floor area for the first occupant.
(2) 
At least 100 square feet of gross floor area for the next two occupants.
(3) 
At least 75 square feet of floor area for each occupant in excess of three.
B. 
In dwelling units, the construction of which was commenced after May 1, 1972, the maximum number of occupants shall be determined at the time of letting or renting on the basis of gross floor area as follows:
[Amended 11-19-1991 by L.L. No. 13-1991]
(1) 
The occupancy standards of Subsection A shall apply.
(2) 
In addition to the requirements of Subsection A, occupancy shall be further limited as follows:
(a) 
No more than one occupant shall be permitted in a sleeping room of up to 80 square feet.
(b) 
No more than two occupants shall be permitted in a sleeping room of between 80 and 110 square feet.
(c) 
No more than three occupants shall be permitted in a sleeping room in excess of 110 square feet.
C. 
It shall be prohibited to use for regular sleeping purposes any kitchen, nonhabitable space or public space.
D. 
Habitable spaces shall conform to the following requirements:
(1) 
Habitable space shall have a minimum ceiling height of seven feet six inches over 50% of the floor area.
(2) 
Every dwelling unit shall contain at least one habitable room with a floor area of at least 150 square feet and a minimum dimension of 10 feet.
(3) 
All habitable space shall have a minimum dimension of seven feet.
(4) 
Habitable space shall be provided with natural light through one or more windows, skylights, transparent or translucent panels or any combination thereof that face on a legal open space or are above a roof. The amount of light transmitted by these shall be equal to that transmitted by clear glass equal in area to 10% of the floor area of the habitable space.
(5) 
Habitable spaces shall be provided with artificial light.
(6) 
Habitable spaces shall be furnished with natural ventilation through openable parts of windows of other openings in exterior walls. Such openings shall provide ventilation equal to that provided by a clear ventilation area equal in area to 5% of the floor area of the habitable space.
E. 
Public spaces within a multiple dwelling shall meet the following requirements:
(1) 
Public spaces shall have a minimum ceiling height of seven feet six inches.
(2) 
Public spaces shall be provided with artificial electric lighting sufficient to afford safe passage for occupants and users at all times.
(3) 
When, in public halls and stairs, artificial lights are controlled by switches, a switch shall be located at each terminus of such public hall or stair.
(4) 
Public spaces shall be provided with either natural ventilation conforming to the requirements of natural ventilation for habitable spaces or with equivalent artificial ventilation.
F. 
Nonhabitable spaces within a multiple dwelling shall meet the following requirements:
(1) 
Nonhabitable spaces, except cellars, crawl spaces and attics, shall have a minimum ceiling height of seven feet.
(2) 
Toilet rooms and bathrooms in multiple dwellings shall be located within the dwelling unit and shall be accessible from each sleeping room without passing through another sleeping room.
(3) 
Toilet rooms and bathrooms shall be provided with floors of moisture-resistive materials.
(4) 
Nonhabitable spaces shall be provided with artificial light.
(5) 
Nonhabitable spaces shall be furnished with ventilation in accordance with either of the following:
(a) 
Natural ventilation as required for habitable spaces, except that such openable areas shall be not less than two square feet for toilet rooms and bathrooms nor less than three square feet for kitchenettes; or
(b) 
Mechanical ventilation exhausting not less than 25 cubic feet per minute for toilet rooms and bathrooms or 150 cubic feet per minute for kitchenettes.
(6) 
Ventilation shall be provided for unheated attics, spaces below flat roofs and for crawl spaces. Locations and net areas of ventilation openings shall be such as to minimize deterioration due to condensation.
G. 
Stairs in multiple dwellings shall be so arranged and constructed so as to provide for safe ascent and descent.
H. 
There shall be no variation in excess of 1/2 inch in height of risers in any one run of stairs.
I. 
Stairs or steps or more than three risers shall be provided with handrails parallel to the slope of such stair on at least one side. When such stairs are open in one or more sides, such handrails shall be installed on all open sides. The top surfaces of such handrails or railings shall be between 30 and 36 inches above the floor or tread level, measured at the riser face. Clearance between the handrail and the supporting wall shall be no less than 1 1/2 inches.
J. 
Safe, continuous and unobstructed egress from the interior of the building to the exterior at street or grade level shall be provided. For the purpose of this subsection, compliance with the requirements of the New York State Uniform Fire Prevention and Building Code applicable to multiple dwellings shall constitute compliance with this Article V.
[Amended 11-19-1991 by L.L. No. 13-1991]
A. 
Buildings and parts thereof shall be maintained so that they are capable of sustaining safely their own weight and the loads to which they may be subjected.
B. 
Buildings shall be maintained so that loads are transmitted to the soil without undue differential settlement, unsafe deformation or movement of the building or any part thereof.
C. 
Buildings shall be maintained so that protection is provided for all structural members which may become structurally unsound if left unprotected. Causes of such deterioration include, among others, action of freezing and thawing, dampness, corrosion, wetting and drying and termites and other destructive insects.
D. 
Buildings built in soil which is water-bearing at any time of the year shall be maintained so that ground- and surface water will not penetrate into the habitable space.
E. 
Foundation walls shall be maintained so as to be structurally sound and so as to prevent the entrance of moisture, termites and vermin. Such protection shall, where necessary, consist of shoring, subsoil drainage, grouting of masonry cracks, waterproofing of walls and joints and other approved means.
F. 
Exterior walls and wall components, including windows and doors, shall be maintained so as to prevent deterioration due to the elements and destructive insects. Such maintenance shall consist of painting, installation and repair of walls, copings, flashings, waterproofing of joints, installation and repair of termite shields or other approved means.
G. 
Roofing shall be maintained in a watertight condition so as to prevent leakage into the building. Such maintenance shall consist of repairs to roofing, flashings, waterproof coatings and other suitable means.
H. 
Interior structural members shall be maintained so as to remain structurally sound.
I. 
Chimneys and flues shall be maintained so as to be structurally sound and so as to prevent the leakage of flue gasses into the multiple dwellings.
J. 
Ceilings and walls shall be maintained so that parts thereof do not become loose or defective and constitute a hazard to occupants.
K. 
Toilet room and bathroom floors shall be maintained so as to prevent the leakage of water through the floor and resultant deterioration of structural members or ceilings below.
A. 
In multiple dwellings, it shall be prohibited to accumulate or store any highly flammable or explosive materials such as paints, violatile oils, cleaning fluids and similar materials or any combustible refuse subject to spontaneous combustion, such as wastepaper, boxes, rags or similar materials.
B. 
In multiple dwellings, it shall be prohibited to store materials on stairs or on fire escapes, in passageways or at windows and doors or other locations where, in the event of fire, such materials may obstruct egress of occupants or interfere with fire-fighting operations.
C. 
Walls and ceilings of dwelling units shall be maintained free from cracks or other openings which would permit flames or excessive heat or combustion gasses from entering concealed spaces or adjoining dwelling units.
D. 
In multiple dwellings, all dwelling units shall be separated from each other by construction having the following fire-resistance ratings:
Construction Classification Type
Required Rating
1
1-hour
2
3/4-hour
3
3/4-hour
4
3/4-hour
5
3/4-hour
E. 
In multiple dwellings, all exits, including stairways and hallways forming a part thereof, shall be enclosed with construction having the following fire-resistance ratings:
Construction Classification Type
Required Rating
1
1-hour
2
3/4-hour
3
3/4-hour
4
3/4-hour
5
3/4-hour
F. 
All structural members shall be protected by a finish affording a fire-protection rating of at least 3/4 of an hour.
G. 
Chimneys, flues and gas vents shall be so constructed, located and maintained so as to prevent any wood in immediate proximity to said chimney, flue or gas vent from being subjected to temperatures in excess of 175° F.
A. 
Surface and subsurface water shall be appropriately drained to protect buildings and to prevent the formation of stagnant pools.
B. 
Fences and other minor constructions shall be maintained in a safe and substantial condition.
C. 
Steps, walks, driveways, parking spaces, private roads on the premises of multiple dwellings and similar paved areas shall be maintained in a substantial condition so as to afford safe passage under normal use.
D. 
Yards and courts shall be kept clean and free from physical hazards.
E. 
Heavy undergrowths and accumulations of plant growths shall be eliminated and regularly trimmed.
F. 
Exterior wood surfaces and other surfaces which are not inherently resistive to deterioration shall be periodically treated with a protective coating of paint or other preservative material.
G. 
Floors, ceilings, walls, furnishings and fixtures of dwelling units in a multiple dwelling shall be maintained in a clean and sanitary condition.
H. 
Accessory structures shall be maintained so as to be free from conditions detrimental to safety and health.
A. 
Plumbing, heating, electrical, ventilating, air-conditioning, refrigerating and cooking equipment, elevators, dumbwaiters and other mechanical installations for use in multiple dwellings shall be installed, located, maintained and constructed so that, under normal conditions of use, such equipment and systems shall not be a danger to the safety and health of the occupants or users of the buildings and will not create excessive noise or otherwise constitute a nuisance.
B. 
Moving parts of equipment which may be a potential hazard shall be guarded against accidental contact.
C. 
Plumbing systems shall be maintained in a safe, operable and sanitary condition and so that fixture usage will not cause damage or deterioration to any part of the building.
D. 
Potable water shall be available at all times in dwelling units to multiple dwellings.
E. 
Water supply systems shall be installed and maintained in such a manner as to provide at all times a supply of water to all fixtures in sufficient volume and at pressures adequate to enable the fixtures to operate satisfactorily and without undue noise.
F. 
Hot-water supply systems shall be equipped with safety devices arranged to relieve hazardous pressures and excessive temperatures.
G. 
Plumbing fixtures shall be drained to a sewage drainage system, and such system shall be connected to a public sewer or to an approved private system.
H. 
Each fixture directly connected to the sewage drainage system shall be equipped with a water seal trap.
I. 
Storm drains shall be installed in such a manner that discharged water shall not flow across sidewalks.
J. 
Where a drainage system is subject to backwater, suitable provision shall be made that it does not overflow into the building.
K. 
Plumbing fixtures shall be made of smooth, nonabsorbent materials and shall be free from concealed fouling surfaces.
L. 
Plumbing fixtures shall be spaced so that they are reasonably accessible for their intended use.
M. 
Each dwelling unit shall contain at least one kitchen sink connected to sources of both hot and cold water, one lavatory connected to sources of both hot and cold water, one bathtub or shower connected to sources of both hot and cold water and one flush water closet connected to a source of cold water.
N. 
Fuel gas piping systems shall be installed and maintained so as to remain gastight, safe and operative under conditions of use.
O. 
Fuel gas piping systems shall be so sized as to provide a supply of gas sufficient to meet the maximum expected demand of the installed gas-burning appliance connected thereto.
P. 
Shutoff valves.
(1) 
Gas piping systems shall have at least one accessible means for shutting off all gas supply, and such means shall be maintained in good operating condition.
(2) 
An easily accessible shutoff valve shall be provided in the gas piping in close proximity to and ahead of every outlet for a gas appliance.
Q. 
Gas services, meters and piping shall be so located that they are protected from damage.
R. 
Any service connection supplying gas at a pressure in excess of one pound per square inch shall be provided with a device to reduce such pressure to not more than 1/2 psi prior to entering the meter.
S. 
Multiple dwellings intended for occupancy between the first day of October and the last day of May of the following year shall be provided with heating equipment designed to maintain a temperature of not less than 70° F., at a distance of three feet and more from exterior walls at a level of five feet above the floor. The capacity of such equipment shall be based on a minimum outside temperature of minus -10° F.
T. 
In all dwelling units in multiple dwellings, heat shall be provided to maintain a temperature of 70° F. whenever the outside temperature falls below 55° F. In the event that the outside temperature falls below -10° F., the interior temperature shall be maintained at a point 80° higher than the exterior temperature.
U. 
Fuel-burning heat-producing equipment shall be installed and maintained so that the omission of smoke, dust, particles, odors and other products of combustion into the atmosphere will not create a nuisance or be detrimental to the health, safety, comfort or property of any person.
V. 
Fuel-burning equipment shall be permanently fastened and connected in place. Fuel supply connection to such equipment shall consist of pipe or tubing of solid metal.
W. 
Where heat-producing equipment is installed on or near combustible materials, the location, installation clearance and control of the equipment shall be such that the surface temperature of such combustible materials shall not exceed 120° F.
X. 
Heat-producing equipment shall be located so that it is provided with a supply of outside air adequate to provide for both complete combustion at the gross rated capacity of the equipment and for the prevention of accumulation of heat.
Y. 
Equipment burning solid or liquid fuel shall be connected to a suitable chimney or flue and shall not be connected to gas vents.
Z. 
Gas-fired equipment shall be connected to suitable chimneys, flues or gas vents or shall otherwise be provided with an approved means of discharging products of combustion to the outside air.
AA. 
Equipment capable of developing hazardous pressures or temperatures shall be provided with a means to safely relieve such pressures or temperatures.
BB. 
Automatically operated heat-producing equipment shall be provided with controls to function as follows:
(1) 
When failure or interruption of flame or ignition occurs, the fuel supply shall be cut off.
(2) 
When a predetermined temperature or pressure is exceeded, the input of additional heat shall be prevented or reduced to a safe rate.
(3) 
When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be shut off.
CC. 
Dwelling units shall be wired for electricity, and lighting equipment shall be installed throughout to provide adequate illumination for the intended use of each space.
DD. 
There shall be a switch or other means of controlling a light in each dwelling unit near the point of entry to such unit.
EE. 
Electrical wiring and equipment shall be installed and maintained in conformity with generally accepted standards and so as not to be a source of potential ignition of combustible material or a potential source of electrical hazard.
FF. 
Electrical wiring shall be protected against excessive current by properly rated overcurrent devices.
GG. 
Service equipment and overcurrent protection devices shall be installed and maintained in a readily accessible location.
HH. 
Every dwelling unit shall be supplied with appropriate cooking and refrigeration equipment.
II. 
Cooking and refrigeration equipment shall be maintained in good operating condition.
JJ. 
Ventilating systems shall be installed and maintained so that the rapid spread of heat, flame, smoke or combustion gases through the system shall be prevented and so that, under normal conditions of use, combustible materials in contact with or near shall not be heated to a temperature in excess of 120° F.
KK. 
Ducts shall be fastened securely in place.
LL. 
Air required for ventilation shall be taken from the exterior or shall be quality controlled.
MM. 
Exhaust air from a dwelling unit or space whose contents may emit odors, fumes or vapors shall not be circulated to other spaces within the building.
NN. 
Air intake and exhaust openings shall be so located, installed and maintained as not to constitute a hazard and so as to prevent the possibility of fire, smoke, fumes or foreign matter being drawn into the system.
OO. 
Fuel oil shall be received, stored and conveyed by means of fixed, liquid-tight equipment which conforms to the requirements of the National Fire Protective Association. Number 6 or Bunker C fuel oil shall not be used in equipment originally designed to burn Number 2 or Number 4 fuel oil.
PP. 
Automatically operated boilers or furnaces employing fuel oil shall be provided with a remote control to stop the flow of oil during a fire or emergency or whenever the temperature at a point three feet above the top of the boiler or furnace exceeds 130° F. Such fuel oil interruption device shall interrupt the fuel supply as near as is practicable to the furnace or boiler.
QQ. 
There shall be provided in each building one Underwriters' Laboratories approved hand fire extinguisher rated 2-A:20B:C. Such extinguisher shall be rated for use on all fires and shall be located in a readily accessible location.