§ 59-10. Certificates of occupancy.

A. 

Required.

(1) 

No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.

(2) 

No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.

(3) 

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.

(4) 

No land shall be occupied or used and no building hereafter erected, altered or moved shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector, stating that the use, premises or building, whichever the case may be, complies with all the provisions of this article. A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies.

Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).

B. 

Applications.

(1) 

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 the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend 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 variations shall be specified in the affidavit.

(2) 

Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this article and other relevant Town codes and ordinances.

Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).

C. 

Examinations and inspections.

(1) 

Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.

(2) 

There shall be maintained a record of all such examinations and inspections, together with a record of findings of violations of the law.

Editor's Note: Former § 13-17.1, Certificates of completion of plumbing and heating required, as added 10-13-1976, which immediately followed this subsection, was deleted 6-12-1985.

D. 

Issuance.

(1) 

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.

(2) 

A certificate of occupancy shall be issued, where appropriate, within 10 days after application therefor is made, by the Building Inspector.

(3) 

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.

(4) 

A copy of the certificate of occupancy shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon request from the owner and by payment by him to the Town of a fee, which fee shall be established annually by the Town Board and shall be on file in the Office of the Town Clerk, the Building Inspector shall issue a certificate of occupancy for any building or premises, certifying, after inspection, that the extent and kind of use and disposition conform to the provisions of this article.

Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).

E. 

Temporary certificates of occupancy. 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.

(1) 

In the case of construction of single-family residences which are subject to additional standards fixed by the Planning Board, a temporary certificate of occupancy may be issued for a period not exceeding six months in the case of occupancy during alterations or two months pending completion of a building in a case where work to be completed is unrelated to the safety or health of the occupants or the general public.

Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).

(2) 

Temporary certificates shall contain such appropriate conditions and restrictions as shall be deemed necessary to protect the health, safety and welfare of the occupants of the buildings in question and the general public.

Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).

(3) 

Temporary certificates shall be issued by the Building Inspector.

Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).

(4) 

The temporary certificate shall state the reason for its issuance. It shall state, in detail, the conditions required to be met before a final certificate may be issued. The applicant must, before issuance of such certificate, deposit with the Town Clerk an amount in cash, to be fixed by the Town Engineer; said amount is to be 1 1/2 times the estimated cost of completing the unfinished work. The application shall be accompanied by a nonrefundable fee, which fee shall be established by the Town Board and shall be on file in the Office of the Town Clerk.

Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).