Village of
New York Mills
Oneida County, NY
 Laws 

PART II GENERAL LEGISLATION Chapter 70, BUILDING CONSTRUCTION, ARTICLE IV, Certificate of Occupancy

Body:

70-21.  Certificate of occupancy. 

 

A.  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 Code Enforcement Officer. 

B.  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 Code Enforcement Officer. 

C.  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 Code Enforcement Officer. 

D.  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 Code Enforcement Officer 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 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 provisions of the Building Codes of New York and all other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.   

 

70-22.  Inspection prior to issuance of certificate.

 

Before issuing a certificate of occupancy, the Code Enforcement Officer 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, demolish, or change the use of 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. There shall be maintained in the Building Department a record of all such inspections and examinations together with a record of findings in violations of the law. 

 

70-23.  Issuance of certificate of occupancy. 

 

A.  When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable provisions of the Building Codes of New York, building laws, ordinances, rules and regulations; and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Code Enforcement Officer 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 Code Enforcement Officer 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. 

B.  A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application and the building or portion thereof may thereafter be occupied as though a certificate of occupancy had been issued. 

C.  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 structures or its several parts may be put.   

 

70-24.  Temporary certificate of occupancy.

 

Upon request, the Code Enforcement Officer 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 such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. 

 

70-25.  Tests.

 

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the Building Codes of New York or other applicable building laws, ordinances, rules or regulations, the Code Enforcement Officer may require the same to be subjected to tests in order to furnish proof of such compliance.