A. 
An annual certificate of compliance to ensure compliance with all requirements of this code and the New York State Uniform Fire Prevention and Building Code shall be required for all uses and occupancies of property other than one- or two-family dwellings. Such certificate does not take the place of any other permits or certificates required by law. It shall not be transferable, and any change in the use or occupancy of premises shall require a new certificate.
B. 
Before a certificate of compliance may be issued, a Fire Inspector or Deputy or Assistant Fire Inspector shall make such inspections or tests as are necessary to assure that the provisions of this code and the New York State Uniform Fire Prevention and Building Code are being complied with.
C. 
Any certificate of compliance required under the provisions of this section shall be issued by the Building Department upon approval of the Fire Inspector, and such certificate shall be posted or displayed in a conspicuous place on the premises.
D. 
The Village of Nyack may require applicants to submit written applications supplying, under affidavit, such information needed for fire-protection purposes as requested by the Fire Inspector and/or Fire Department.
E. 
Fees for certificates of compliance for new or changed uses and annual inspection fees payable each year for the specific uses subject to inspection by the Fire Inspector shall be established from time to time by resolution of the Village Board.
The rules, regulations and fee schedule set forth below shall govern the application for and issuance of a certificate of compliance (firesafety) as required by Chapter 196 of the Fire Prevention Chapter of the Revised Code of the Village of Nyack. These rules, regulations and fee schedule can be amended by a resolution of the Village Board passed at a public meeting.
A. 
After the adoption of the amendment to the Fire Prevention Chapter requiring a certificate of compliance, applications shall be within 30 days of receipt of an application form from the Fire Inspector of the Village of Nyack subject to § 196-40C below.
B. 
All new uses must make application at time of building permit application or time of application for certificate of use, whichever is earlier.
C. 
Notwithstanding § 196-40A above, applications must be made no later than six months after the adoption of the amendment requiring a certificate of compliance.
Applications for a certificate of compliance shall contain the following information:
A. 
A description, agreeing with the Tax Map of the Village of Nyack, of the premises for which the certificate is being issued.
B. 
Approximate square footage of the premises, for fee schedule purposes.
C. 
A statement as to the use of or occupancy of the premises, including types of storage if any.
D. 
The full name and address of the owner and applicant, including telephone number where they can be reached in an emergency.
E. 
Amount of fee required for certificate of compliance.
F. 
Other information as may be required by the Fire Inspector pertaining to the premises.
G. 
A statement in which the applicant states that he or she shall consent to allow inspections by the Fire Inspector with respect to the application for a certificate of compliance.
H. 
Additional information required regarding the fire alarm system to include name of alarm company, telephone number and code number of system.
I. 
A copy of the certificate of occupancy or certificate of use authorizing the applicant's use of the subject premises.
A. 
All certificates of compliance shall be valid for one year. If the use or occupancy of the premises is changed, the certificate of compliance shall become null and void and a new certificate of compliance must be issued.
B. 
All applications for renewal must be submitted with payment of the required fee.
[Amended 8-21-1997 by L.L. No. 5-1997; 7-28-2011 by L.L. No. 11-2011]
A. 
Every application for a certificate of compliance shall be accompanied by the payment of the fee as specified below:
[Amended 12-13-2012 by L.L. No. 13-2012; 9-23-2021 by L.L. No. 2-2021]
Classification of Occupancy
Fee
A Place of Assembly (capacity in persons)
0 to 50
$125
51 to 100
$150
101 to 300
$175
301 and over
$1 per person
The following classifications B [Business (Offices)], E (Educational), M (Mercantile), F-1 (Industrial Moderate Hazard), F-2 (Industrial Low Hazard), S-1 (Storage Moderate Hazard), S-2 (Storage Low Hazard), I (Institutional), and U (Miscellaneous) are calculated by square feet of the occupancy:
0 to 2,500
$125
2,501 to 5,000
$175
5,001 to 7,500
$225
7,501 to 10,000
$400
10,001 to 25,000
$600
25,001 to 50,000
$850
50,001 to 75,000
$1,000
75,001 to 100,000
$1,250
100,001 to 125,000
$1,500
125,001 to 150,000
$1,750
150,001 to 175,000
$2,000
175,001 to 200,000
$2,250
200,001 to 250,000
$2,500
250,001 to 300,000
$2,750
300,001 to 350,000
$3,000
350,001 to 400,000
$3,250
400,001 to 450,000
$3,500
450,001 to 500,000
$3,750
B. 
All religious uses which have a certificate of occupancy authorizing such use shall pay a fee equal to 1/2 of the required fee for nonreligious uses.
C. 
Occupancies that do not meet initial fire safety compliance inspection will be subject to additional reinspection fee(s) as follows:
[Amended 12-13-2012 by L.L. No. 13-2012; 9-23-2021 by L.L. No. 2-2021]
(1) 
First reinspection: $0.
(2) 
Second reinspection: $200.
(3) 
Third reinspection: $400.