§ 111-16. Certificates of occupancy and compliance.

A. 

See New Rochelle Zoning Ordinance.

B. 

New buildings. No building hereafter erected shall be used or occupied, in whole or in part, until the certificate of occupancy shall have been issued by the Building Official.

C. 

Buildings hereafter altered or changed in use. No building hereafter enlarged, changed, extended or altered or changed from one use group or occupancy to another, in whole or in part, and no building hereafter altered for which a certificate of occupancy has not been heretofore issued shall be occupied or used until the certificate shall have been issued by the Building Official certifying that the work has been completed in accordance with the provisions of the approved permit, except that any use or occupancy which was not discontinued during the work of alteration shall be discontinued within 30 days after the completion of the alteration unless the required certificate is secured from the Building Official.

D. 

Existing buildings. Upon application from the owner of an existing building, the Building Official may issue a certificate of occupancy, provided that there are no violations of law or orders of the Building Official pending and it is established, after inspection and investigation, that the alleged use of the building has heretofore legally existed. Nothing in this code shall require the removal, alteration or abandonment of or prevent the continuance of an uninterrupted occupancy of a lawfully existing building, unless such use is deemed to endanger public safety and welfare.

E. 

Temporary certificate of occupancy.

(1) 

Upon application of a holder of a permit, the Building Official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, provided that such portion or portions may be occupied safely prior to full completion of the building without endangering life or public welfare. This temporary certificate of occupancy may be issued by the Building Official for a period not exceeding 90 days during the completion of any alterations that are required under the provisions of any law or ordinance. Temporary certificates may be renewed by the Building Official for periods not exceeding 90 days, but in no event shall temporary certificate of occupancy renewals exceed a total of 12 months. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the City respective to the use or occupancy of the land or building or any other matter covered by this code.

(2) 

When landscaping or screening, or both, are required under site plans approved by the Planning Board, pursuant to which a building permit has been issued, and such work has not been completed, no temporary certificate of occupancy shall be issued, unless the applicant for such certificate complies with the following requirement:

(a) 

Deposits with the application a performance bond, issued by an insurance company authorized to do business in the State of New York, guaranteeing satisfactory completion of the work required within the time limitation of the certificate, or any extension thereof, in a penal sum equal to the cost of the work, as estimated by the Commissioner of Public Works; or

(b) 

Deposits a certified check to the order of the City of New Rochelle with the application, in a sum equal to the cost of the work, as estimated by the Commissioner of Public Works, together with an agreement to perform the work within the time limitation of the certificate or any extension thereof and, in default thereof, giving the City of New Rochelle the option to perform the work, to apply the sum deposited to the cost and to charge the applicant for any cost of the work in excess of the deposit.

F. 

Application for certificate of occupancy.

(1) 

Form of application. The application for a certificate of occupancy shall be submitted in such form as the Building Official may prescribe, all duly signed and acknowledged before a notary public or commissioner of deeds, and shall be accompanied by the required fee.

(2) 

By whom application is made. Application for a certificate of occupancy shall be made by the owner or lessee of the building or structure, or agent of either, or by the engineer or architect employed in connection with the application. If the application is made by a person other than the owner in fee or an architect or engineer, it shall be accompanied by a duly verified affidavit of the owner that the application is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

(3) 

Affidavit to be filed with application. Applications to the Building Official for certificates of occupancy for a structure, the plans for which were accompanied by an affidavit as required by § 111-10D of this chapter and/or in accordance with § 111-11B of this chapter, shall be accompanied by an affidavit of the registered architect or professional engineer who filed the original plans or of the registered architect or professional engineer who supervised the construction. If the application for the certificate of occupancy is not accompanied by the affidavit of the registered architect or professional engineer who filed the original plans or who supervised the construction, it shall be accompanied by the affidavit of a registered architect, professional engineer or the superintendent of construction who supervised the construction and it shall state that the deponent has examined the approved plan of the structure for which a certificate of occupancy is sought and, to the best of his knowledge and belief, the structure has been erected in accordance with the approved plans and, as erected, complies with the laws governing building construction, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.

(4) 

Survey. All applications for a certificate of occupancy for a new building or structure or any addition or extension to an existing building or structure shall be accompanied by a survey of the property certified by a professional land surveyor licensed in the State of New York, showing the location of the work for which the building permit was issued. However, in those cases where zoning requirements are not involved and where the Building Official makes a determination that the construction work is insubstantial (porch, one-story small additions, etc.), the Building Official may accept the following procedure in lieu of a survey: A statement on the approved plans shall be submitted, signed by the registered architect or professional engineer who prepared the same, certifying that he has personally measured the proposed work and that the as-built structure conforms to the approved plans, and/or the inspection by the building construction inspector, who will certify on the approved plans that the dimensions as-built conform to the approved plans. There will be a separate fee for the above procedure in lieu of a survey. Such fee is as set forth in § 111-42.

G. 

Final approvals required. No certificate of occupancy will be issued for a building or structure governed by the provisions of this code until all of the work in connection with the construction, installation, repair, etc., has been finally accepted and approved by the Building Official or other agency having jurisdiction.

H. 

Contents of certificate. When, in the opinion of the Building Official, a building or structure is entitled thereto, the Building Official may issue a certificate of occupancy after written application. The certificate shall certify compliance with the provisions of this code and any other applicable laws and ordinances and any variances and/or modifications thereto and the purpose for which the building or structure may be used in its several parts. The certificate of occupancy shall specify the use group in accordance with the provisions of this code, the maximum live load on all floors as prescribed in this code, the occupancy load in the building and all parts thereof as defined in this code and any special stipulations and conditions of the building permit.

I. 

Certificate of compliance. In lieu of a certificate of occupancy, the Building Official may, under certain circumstances, issue a certificate of compliance for demolition, signs, billboards, minor alterations or repairs, etc., to a building or structure. The Building Official or his authorized agent or any other agency having jurisdiction shall, upon approved final inspection, issue a certificate of compliance or approval for the installation of an elevator, mechanical equipment, refrigeration, air-conditioning or ventilating apparatus, plumbing, gas piping, electric wiring, heating system or any other equipment coming under the provisions of the Building Code or other said agency.