See also Chapter
265, Building Construction, §
265-12.
A. A certificate of occupancy, or certifying compliance with this chapter,
shall be required before any building or structure shall be occupied
or used. Such certificate shall be issued only after approval by the
Superintendent of Buildings of:
(1)
Use or occupancy of a building or structure hereafter erected,
altered, enlarged, extended or moved, in whole or in part; or
(2)
Use, occupancy or change of use of an existing building, land
or premises.
B. Written application for a certificate of occupancy or certificate
of compliance shall be made to the Superintendent of Buildings by
an applicant authorized in writing by the owner. If the proposed use
is in all respects in conformity with the provisions of this chapter
and all other applicable laws and ordinances, said certificate shall
be issued by the Superintendent of Buildings.
(1)
Written application for such certificate for a building shall
be made at the same time as the application for the building permit
for such building.
(2)
Upon the request of the Superintendent of Buildings, and prior
to the issuance of a certificate of occupancy, or certificate of compliance,
there shall be filed with the Village Clerk 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 for which the certificate
of occupancy or certificate of compliance is sought. This affidavit
shall state that the affiant has examined the approved plans of the
structure for which the certificate of occupancy, or certificate of
compliance is sought, and that the structure has been erected in accordance
with the approved plans.
(3)
No building or structure for which a certificate of occupancy,
or a certificate of compliance, is required under the provisions of
this section or any other provision of law, or of this or any other
regulations, local law or rule of the Village, shall be used or occupied
until the Superintendent of Buildings has issued a certificate of
temporary use therefor, or, in the event of his refusal to issue same
for reasons of safety, until the issuance of the certificate of completion
or certificate of occupancy required by this section. The Superintendent
of Buildings is hereby authorized to issue any such certificate of
temporary use, or a temporary certificate of occupancy, if, in the
opinion of the Superintendent of Buildings, such certificate would
not expose any person to such hazards during completion of construction
as to endanger the life, health or safety of any such person, provided
that the duration of such certificate of temporary use or temporary
certificate of occupancy shall not exceed six months. The Superintendent
of Buildings may extend the certificate of temporary use or the temporary
certificate of occupancy for up to six months. Such temporary certificate
shall not be construed as in any way altering the respective rights,
duties or obligations of the owner or of the Village relating to the
use or occupancy of the land or building or any other matter covered
by this chapter.
C. If an improvement was made prior to the requirement for either a
certificate of occupancy or compliance, the Superintendent of Buildings
may issue a letter-in-lieu confirming that the improvement was made
prior to the requirements for a certificate of occupancy or compliance,
provided that the Superintendent of Buildings can confirm that the
improvement was made prior to such requirement.
D. In the case of any change in the use or occupancy, or in the case
of any new construction, alteration, erection, modification, enlargement,
or addition, or other change to an existing building or structure
subject to the terms of this or any other regulation, local law or
ordinance of the Village or of the State of New York, no certificate
of occupancy or certificate of compliance shall be issued, or amended,
before the Superintendent of Buildings shall examine or cause to be
examined all buildings, structures and sites for which an application
has been filed for a permit for a change in the use or type of occupancy,
or in the case of any new construction, or in the case of any alteration,
erection, modification, reconstruction, addition, or other change
to an existing building or structure; and the Superintendent of Buildings
may conduct such inspections as he or she deems appropriate from time
to time during and upon completion of the work for which a building
permit has been issued.
E. In the event that an inspection required by this section reveals
violations of any provision of this Municipal Code or of the New York
Uniform Fire Prevention and Building Code, or of any other building,
plumbing or zoning regulation of the Village, then a notice of violation
shall be issued to the owner of the premises and said owners shall
have 30 days to remove or correct said violation(s) or, failing same,
an application for any certificate under the provisions of this section
shall be denied and a summons or appearance ticket issued for such
violation(s).
F. Applications for a certificate of occupancy, or certificate of compliance,
or for a letter-in-lieu thereof, as the case may be, shall be made
on forms provided therefor by the Superintendent of Buildings' office.
Said applications shall be accompanied at the time of filing by an
application and inspection fee in an amount established, from time
to time, by resolution of the Board of Trustees and by a copy of an
up-to-date property survey or, in lieu thereof, a copy of an existing
survey updated by a survey inspection.
G. In the event that any person(s) other than the owner of the premises
shall apply for a certificate required by this section, such person
shall provide satisfactory evidence that he is acting as the attorney-in-fact
or lawful agent of the actual owner, or shall submit an authorization
from said owner, duly executed and acknowledged by him, stating that
said other person is authorized to act on his behalf. Absent such
evidence, in form satisfactory to the Village Clerk at the time of
applying therefor, no application for the processing of such certificates
shall be filed or accepted by the Village.
H. Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to any regulation,
rule, ordinance, or law of the Village of Malverne, the Superintendent
of Buildings may require the same to be subjected to tests, at the
owner's expense, in order to furnish proof of such compliance.
I. Anything herein to the contrary notwithstanding, an owner, anyone
acting on behalf of the owner or any other person shall be entitled
to obtain a photocopy of a previously issued certificate of occupancy,
certificate of completion or letter-in-lieu thereof as a copy of a
public record; provided, however, that in such event the Superintendent
of Buildings shall endorse on said photocopy a statement indicating
that no reliance may be placed on the legal validity of said certificate
or letter, as the case may be, from the date of original issuance
appearing, thereon, unless and until such certificate or letter has
been revalidated by the Superintendent of Buildings, as provided in
this section.
J. No certificate of occupancy shall be deemed to validate any violation
of any provisions of this or any other law or ordinance.
K. The Superintendent of Buildings shall index all building code, zoning
code, and other violations issued by the Superintendent of Buildings,
or by those acting at his direction, against the records maintained
for certificates of occupancy by the Building Department, and any
such violations shall be listed when any request is made for a certificate
of occupancy, a certificate of compliance, or for a letter-in-lieu
thereof.
L. Applicant shall be required to pay those fees as set forth from time
to time by resolution of Board of Trustees.
Applications for any permit or renewal thereof shall be accompanied
by a fee which shall be set, from time to time, by resolution of the
Board of Trustees. The payment of any fee or deposit in connection
with the application shall be a condition precedent to the acceptance
of the application.