N.Y. Comp. Codes R. & Regs. Tit. 19 § 1202.5 - Certificates of occupancy, certificates of compliance, and temporary certificates of occupancy
(a) A
certificate of occupancy or certificate of compliance shall be required for any
completed 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 or certificate of compliance. A certificate of occupancy or
certificate of compliance shall not be issued by the department until the
department has:
(1) inspected the building,
structure, or work and determined that the building, structure, or work
complies with all applicable provisions of the Codes;
(2) where applicable, received and reviewed
each written statement of structural observations and/or a final report of
special inspections required by any applicable provisions of the Uniform Code
and determined that the information in such written statement or report
adequately demonstrates compliance with the applicable provisions of the
Uniform Code;
(3) where applicable,
received and reviewed flood hazard certifications required by any applicable
provisions of the Uniform Code and determined that the information in such
certifications adequately demonstrates compliance with the applicable
provisions of the Uniform Code;
(4)
where applicable, received and reviewed each written statement of the results
of tests performed to show compliance with the Energy Code and determined that
the information in such statements adequately demonstrates compliance with the
applicable provisions of the Energy Code; and
(5) where applicable, verified the affixation
of the appropriate seals, insignias, and manufacturers' data plates as required
for factory manufactured buildings and/or manufactured
homes.
(b) A certificate
of occupancy or certificate of compliance 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 or
certificate of compliance does not apply to an entire structure, a description
of that portion of the structure for which the certificate of occupancy or
certificate of compliance is issued;
(5) the use and occupancy classification of
the structure;
(6) the type of
construction of the structure;
(7)
the occupant load of the assembly areas in the structure, if any;
(8) any special conditions imposed in
connection with the issuance of the building permit;
(9) the signature of the official issuing the
certificate of occupancy or certificate of compliance; and
(10) the date of issuance of the certificate
of occupancy or certificate of compliance.
(c) At the discretion of the department, and
upon written request of the owner, the department shall have the authority to
issue temporary certificates of occupancy in accordance with this subdivision.
(1) A temporary certificate of occupancy may
be issued prior to the completion of the work that is the subject of a building
permit, if the department determines the following conditions have been met:
(i) the structure or portions thereof may be
occupied safely;
(ii) any required
fire and life safety components, such as fire protection equipment and fire,
smoke, carbon monoxide, and heat detectors and alarms are installed and
operational; and
(iii) all required
means of egress from the structure have been provided.
(2) Temporary certificates of occupancy
shall:
(i) include a specified period during
which the owner shall undertake work to bring the structure into full
compliance with applicable provisions of the Codes, not to exceed six months
from the date of issuance;
(ii)
specify the portion or portions of the building or structure that may be
occupied pursuant to the temporary certificate of occupancy, and any special
terms or conditions of such occupancy that the department may deem to be
appropriate to ensure the health and safety of the persons occupying and using
the building or structure and/or performing further construction work in the
building or structure;
(iii)
include the information identified in section
1202.5(b) of this
Part; and
(iv) be renewable for
successive periods each not to exceed six months.
(3) It may be necessary for the department to
perform additional inspections at the expense of the owner of the building,
structure, or work in order to determine that the building, structure, or work
complies with section
1202.5(c)(1)(i) through
(iii) of this Part.
(d) A certificate of occupancy, certificate
of compliance, or temporary certificate of occupancy issued in error or on the
basis of incorrect information shall be suspended or revoked if the relevant
error or information is not corrected within a period of time specified by the
department.
(e) The fee(s), if any,
specified in or determined in accordance with section
1202.15 of this Part must be paid
prior to, or at the time of each inspection performed or prior to the issuance
of any certificate issued pursuant to this section.
Notes
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