A.
Certificate of occupancy required. A certificate of occupancy 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.
B.
Change of occupancy. No change shall be made in the nature of the
occupancy of an existing building or structure, or any portion thereof,
unless a certificate of occupancy authorizing the change has been
issued by the Code Enforcement Officer. The owner of such building
or structure shall demonstrate that such change will comply with all
applicable provisions of the Uniform Code and Energy Code before a
certificate of occupancy can be issued.
C.
Issuance of certificates of occupancy. No certificate of occupancy
shall be issued unless:
(1)
An inspection is conducted which indicates substantial completion
of any work for which any applicable permit has been issued;
(2)
No uncorrected deficiency or material violation of the Uniform Code
or Energy Code is observed within the area for work for which the
certificate is to be issued;
(3)
Where applicable, a written statement of structural observations
and/or a final report of special inspections, prepared in conformance
with the requirements of Chapter 17 of the Building Code of New York
State, is submitted to the Code Enforcement Officer;
(4)
Where applicable, flood hazard certifications, prepared in accordance
with the provisions of the Uniform Code, are submitted to the Code
Enforcement Officer; and
(5)
The fee specified in or determined in accordance with the provisions
of this chapter must be paid.
D.
Contents of certificates of occupancy. A certificate of occupancy
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and tax map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy and the date of issuance.
E.
Terms and conditions. The Code Enforcement Officer may include in
any certificate of occupancy 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 and the Energy Code.
F.
Temporary certificate. The Code Enforcement Officer 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 Code Enforcement Officer issue a temporary certificate
unless the Code Enforcement Officer 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 and 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.
G.
Duration of temporary certificate. A temporary certificate shall
be effective for a period of time, not to exceed six months, which
shall be determined by the Code Enforcement Officer 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.
H.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy or a temporary
certificate was issued in error because of incorrect, inaccurate or
incomplete information, and if the relevant deficiencies are not corrected
to the satisfaction of the Code Enforcement Officer within such period
of time as shall be specified by the Code Enforcement Officer, the
Code Enforcement Officer shall revoke or suspend such certificate.
I.
Fee. The fee specified in or determined in accordance with the provisions
of this chapter shall be paid at the time of submission of an application
for a certificate of occupancy or for temporary certificate.
