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.