Town of Amherst, NY PART VI CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF COMPLIANCE

§ 83-6-1 Requirements.

1-1. Certificate of occupancy or certificate of compliance required. A certificate of occupancy or certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued, shall be granted only by issuance of a certificate of occupancy or certificate of compliance.

1-1.1. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy or certificate of compliance shall have been issued by the Commissioner of Building.

1-1.2. No building hereafter enlarged, extended or altered shall be occupied unless a certificate of occupancy or certificate of compliance shall have been issued by the Commissioner of Building.

1-1.3. No change shall be made in the nature of the occupancy or use of an existing building unless a certificate of occupancy or certificate of compliance authorizing such a change shall have been issued.

1-1.4. A certificate of occupancy or certificate of compliance shall be obtained within 90 days of completion of all work associated with an issued building permit. At the discretion of the Commissioner of Building, the final inspection report shall constitute a certificate of compliance but the Commissioner of Building may issue a separate certificate of compliance if requested or if he deems appropriate.

1-2. 

Issuance of certificates of occupancy or certificates of compliance. The Commissioner of Building shall issue a certificate of occupancy or certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, Energy Code and other applicable local laws, and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code, Energy Code and other applicable local laws. The Commissioner of Building or an inspector authorized by the Commissioner of Building shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of compliance. If it is found that the work has not been properly completed, the Commissioner of Building shall not issue a certificate of occupancy or certificate of compliance and shall order the work to be completed in conformity with the building permit, this chapter, the Uniform Code, Energy Code, ordinances, rules and regulations and the approved plans.

A. The Commissioner of Building shall act to issue or deny an application for a certificate of occupancy or certificate of compliance within 30 days after all work has been completed, final inspections have been made and acceptable reports have been received from appropriate agencies.

B. The following documents, prepared by such person or persons as may be designated by or otherwise acceptable to the Commissioner of Building, at the expense of the applicant for the certificate of occupancy or certificate of compliance, shall be provided to the Commissioner of Building prior to the issuance of the certificate of occupancy or certificate of compliance:

(1) A written statement of structural observations and/or a final report of special inspections.

(2) Flood hazard certifications.

(3) A survey of the land and buildings under the seal and signature of a surveyor authorized to practice in New York State.

(4) A highway work permit and final approval from the appropriate highway department that controls the street on which the building is located.

(5) As-built drawings of the building or structure if there have been any deviations from the original approved plan.

(6) Certification by a New York State licensed engineer or architect that the building, structure, alterations and equipment, if subject to the Energy Code, meet all the provisions of such code.

(7) Any additional documents that may be required by the Commissioner of Building because of a particular situation or circumstance.

(8) Any one or more of the above steps may be modified or waived by the Commissioner of Building if he finds that they are impractical or unnecessary or are due to a change in any applicable code, ordinance, rule or regulation.

1-3. 

Contents of certificates of occupancy or certificates of compliance. A certificate of occupancy or certificate of compliance shall contain the following information:

A. The building permit number, if any;

B. The date of issuance of the building permit, if any;

C. The name, address and tax map number of the property;

D. If the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued;

E. The use and occupancy classification of the structure;

F. The type of construction of the structure;

G. The assembly occupant load of the structure, if any;

H. If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

I. Any special conditions imposed in connection with the issuance of the building permit; and

J. The signature of the Commissioner of Building issuing the certificate of occupancy or certificate of compliance and the date of issuance.

1-4. Temporary certificate. The Commissioner of Building shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Commissioner of Building issue a temporary certificate unless the Commissioner of Building determines (1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Commissioner of Building may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, which shall be determined by the Commissioner of Building and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. The expiration date of a temporary certificate of occupancy or certificate of compliance may be extended by the Commissioner of Building for good cause.

1-5. Revocation or suspension of certificates. If the Commissioner of Building determines that a certificate of occupancy, certificate of compliance or a temporary certificate was issued through error of law or because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Commissioner of Building within such period of time as shall be specified by the Commissioner of Building, the Commissioner of Building shall revoke or suspend such certificate. Except as otherwise provided by law, a certificate of occupancy or certificate of compliance issued through error of fact or law shall not be valid.

1-6. Fees. The fees specified in or determined in accordance with the provisions set forth in Article XI, Fees, of this chapter must be paid at the time of submission of an application for a certificate of occupancy, certificate of compliance or for a temporary certificate.