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 Building Inspector.
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 Building Inspector 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 of the superintendent of construction who supervised the work for which the certificate of occupancy 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 law governing building construction except insofar as variations therefrom have been legally authorized. Such variation shall be specified in the affidavit.
Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites as required in § 138-25, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work.
[Amended 6-2-1986 by L.L. No. 3-1986]
There shall be maintained in the Building Inspector's office a record of all such examinations and inspections and notifications of inspections by other departments, together with a record of findings of violations of the law.
Editor's Note: Former Subsection (b), which set forth provisions for the receipt by the Building Inspector of notification of additional final inspections, and which immediately preceded this subsection, was deleted 6-2-1986 by L.L. No. 3-1986.
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector 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 Building Inspector 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.
A certificate of occupancy shall be issued, where warranted, within 30 days after application therefor is made.
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 structure or its several parts may be put.
Upon request, the Building Inspector 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 that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. All such tests shall be made at the expense of the owner or his agent.