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 Official.
No building hereafter enlarged, extended 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 shall have been issued by the Building
Official.
No change shall be made in the use or type of
occupancy of an existing building unless a certificate of occupancy
authorizing such change shall have been issued by the Building Official.
The owner or his or her agent shall make application
for a certificate of occupancy. Accompanying this application and
before the issuance of a certificate of occupancy, there shall be
filed with the Building Official an affidavit of the registered architect
or licensed professional engineer who filed the original plans or
of the registered architect or licensed professional engineer who
supervised the construction of the work or of the superintendent of
construction who supervised the work and who, by reason of his or
her experience, is qualified to superintend the work for which the
certificate of occupancy is sought. This affidavit shall state that
the deponent has examined the approved plans of the structure for
which a certificate of occupancy is sought, that the structure has
been erected in accordance with approved plans and, as erected, complies
with the law governing building construction except insofar as variations
therefrom have been legally authorized. Such variations shall be specified
in the affidavit.
A.
Required. Before issuing a certificate of occupancy,
the Building Official shall examine or cause 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 or she may conduct such inspections
as he or she deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued.
B.
Record of inspections. There shall be maintained in
the Building Department a record of all such examinations and inspections
together with a record of findings of violations of the law.
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 Official shall issue
a certificate of occupancy upon the form provided by him or her. If
it is found that the proposed work has not been properly completed,
the Building Official shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
A certificate of occupancy shall be issued,
where appropriate, within 30 days after application therefor is made.
Failure to act upon such application within 30 days shall constitute
approval of such application, and the building or portion thereof
may thereafter be occupied as though a certificate of occupancy had
been issued.
The certificate of occupancy 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.
A.
Upon request and submission of fee as set by the Board
of Trustees by resolution of a majority vote of its members present
at a Board meeting[1] the Building Official 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 the public welfare.
[Amended 6-9-1986 by L.L. No. 17-1986]
[1]
Editor's Note: The fee schedule is on file
in the village offices.
B.
Duration. A temporary certificate of occupancy shall
remain effective for a period not exceeding three months from its
date of issuance. For good cause the Building Official may allow a
maximum of two extensions for periods not exceeding three months each.
