§ 70-21. Certificate of
occupancy.
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 Code Enforcement
Officer.
B. 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 Code
Enforcement Officer.
C. 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 Code Enforcement Officer.
D. The
owner or his 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 Code Enforcement Officer 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 the superintendent of
construction who supervised the work and who, by reason of his experience, is
qualified to superintend the work for which the certificate 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
provisions of the Building Codes of New York and all other laws governing
building construction except insofar as variations therefrom have been legally
authorized. Such variations shall be specified in the affidavit.
§ 70-22. Inspection
prior to issuance of certificate.
Before
issuing a certificate of occupancy, the Code Enforcement Officer 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 of occupancy; and he may conduct
such inspections as he deems appropriate from time to time during and upon
completion of the work for which a building permit has been issued. There shall
be maintained in the Building Department a record of all such inspections and
examinations together with a record of findings in violations of the law.
§ 70-23. Issuance of
certificate of occupancy.
A. When,
after final inspection, it is found that the proposed work has been completed
in accordance with the applicable provisions of the Building Codes of New York,
building laws, ordinances, rules and regulations; and also in accordance with
the application, plans and specifications filed in connection with the issuance
of the building permit, the Code Enforcement Officer shall issue a certificate
of occupancy upon the form provided by him. If it is found that the proposed
work has not been properly completed, the Code Enforcement Officer 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.
B. 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.
C. 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 structures or its
several parts may be put.
§ 70-24. Temporary
certificate of occupancy.
Upon
request, the Code Enforcement Officer 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 such portion
or portions as have been completed may be occupied safely without endangering
life or the public welfare.
§ 70-25. Tests.
Whenever
there are reasonable grounds to believe that any material, construction,
equipment or assembly does not conform with the requirements of the Building
Codes of New York or other applicable building laws, ordinances, rules or
regulations, the Code Enforcement Officer may require the same to be subjected
to tests in order to furnish proof of such compliance.
