N.Y. Comp. Codes R. & Regs. tit. 19 § 1202.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1202.5

Adopted New York State Register December 28, 2022/Volume XLIV, Issue 52 , eff. 12/30/2022