Section 28-118.1
§28-118.1 General provisions. No building or open lot shall be used or
occupied without a certificate of occupancy issued by the commissioner.
Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other
applicable laws and rules.
Section 28-118.10
§28-118.10 Electrical work. No certificate of occupancy shall be
issued unless compliance with the New York city electrical code is
certified by the commissioner.
Section 28-118.11
§28-118.11 Certificates of compliance. No certificate of occupancy
shall be issued until certificates of compliance are issued for the
following types of service equipment:
1. Air conditioning and ventilation systems.
2. Elevators, escalators, moving walkways and dumbwaiters.
3. Fuel burning and fuel oil storage equipment.
4. Refrigeration systems.
5. Heating systems.
6. Boilers.
Section 28-118.12
§28-118.12 Place of assembly certificate of operation. The issuance of
a certificate of occupancy shall not authorize the use of any space as a
place of assembly unless and until the commissioner thereafter issues a
place of assembly certificate of operation.
Section 28-118.13
§28-118.13 Certificates of occupancy for air-inflated structures,
air-supported structures, and tents. Certificates of occupancy for
air-inflated structures, air-supported structures, and tents shall be
issued for a period not exceeding one year. Such certificates may be
renewed for one-year periods upon demonstration that the structure
complies with all laws and rules in effect at the time of the request
for renewal.
Section 28-118.14
§28-118.14 Payment of outstanding penalties. The department may refuse
to issue a certificate of occupancy for a building pending payment of
all outstanding fines or civil penalties imposed for violations of this
code, the 1968 building code or other laws enforced by the department at
the same building.
Section 28-118.15
§28-118.15 Temporary certificates of occupancy. Upon application, the
commissioner is authorized to issue a temporary certificate of occupancy
before the completion of the entire work covered by the permit, provided
that the subject portion or portions of the building may be occupied and
maintained in a manner that will not endanger public safety, health, or
welfare. The commissioner shall set a time period during which the
temporary certificate of occupancy is valid.
Section 28-118.16
§28-118.16 Amended certificate of occupancy. Where a building exceeds
three stories in height and the change does not exceed 20 percent of the
total floor area, an amendment to the existing certificate of occupancy
for such new use shall be issued by the commissioner certifying that the
proposed new occupancy and use conforms to the provisions of the laws
governing building construction and that the proposed use will not be in
conflict with any provisions of the labor law, multiple dwelling law or
the zoning resolution.
Section 28-118.16.1
§28-118.16.1 Partial certificate of occupancy. A partial certificate
of occupancy may be issued to a specific floor or floors of an existing
building erected prior to January 1, 1938 subject to the following
conditions:
1. The building does not have and is not otherwise required to have a
certificate of occupancy or certificate of completion, if applicable.
2. The floor or floors for which a certificate of occupancy is issued
shall not constitute more than 50 percent of the gross floor area of the
building.
3. The building is of noncombustible construction and protected with
an automatic sprinkler system.
4. Adequate means of egress are provided from all floors.
5. Upon inspection, the building is deemed safe for occupancy.
Section 28-118.17
§28-118.17 Revocation of certificates of occupancy. The commissioner
is authorized to request, in writing, pursuant to section six hundred
forty five of the New York city charter that the board of standards and
appeals or a court of competent jurisdiction revoke, vacate, or modify a
certificate of occupancy issued under the provisions of this code
whenever the certificate is issued in error, or on the basis of
incorrect information provided to the department.
Section 28-118.18
§28-118.18 Record of certificates. A record of all certificates of
occupancy shall be kept by the department; and copies thereof shall be
furnished by the department upon request, and on the payment of the fee
prescribed in article 112 of this chapter. The certificate of occupancy
or a copy thereof shall be available for inspection at the building at
all reasonable times.
Section 28-118.19
§28-118.19 Posting of certificates of occupancy. The owner shall post
a copy of the building's certificate of occupancy in accordance with
this section 28-118.19, except buildings occupied entirely by group R3.
Buildings that are not required to have a certificate of occupancy shall
be posted by the owner with a sign or placard in a form prescribed by
the commissioner. The certificate of occupancy or sign, as applicable,
shall be permanently affixed to the structure in a conspicuous location
in a public hall, corridor, management office of the building or as
otherwise prescribed by the commissioner.
Section 28-118.19.1
§28-118.19.1 Replacement of posted certificates of occupancy and
signs. All posted certificates of occupancy or signs, as applicable,
shall not be removed or defaced and, if lost, removed or defaced, shall
be immediately replaced. The commissioner may inspect or cause to be
inspected periodically all buildings for compliance with the provisions
of this code in regard to posting; and the inspection reports shall
specify any violation thereof.
Section 28-118.2
§28-118.2 New buildings or open lots. No building hereafter
constructed or open lot shall be occupied or used, in whole or in part,
unless and until a certificate of occupancy shall have been issued
certifying that such building or open lot conforms substantially to the
approved construction documents and the provisions of this code and
other applicable laws and rules.
Section 28-118.3
§28-118.3 Completed buildings or open lots. The provisions of sections
28-118.3.1 through 28-118.3.4 shall apply to completed buildings or open
lots.
Section 28-118.3.1
§28-118.3.1 Change of occupancy or use. No building, open lot or
portion thereof hereafter altered so as to change from one occupancy
group to another, or from one zoning use group to another, either in
whole or in part, shall be occupied or used unless and until the
commissioner has issued a certificate of occupancy certifying that the
alteration work for which the permit was issued has been completed
substantially in accordance with the approved construction documents and
the provisions of this code and other applicable laws and rules for the
new occupancy or use.
Section 28-118.3.2
§28-118.3.2 Changes inconsistent with existing certificate of
occupancy. No change shall be made to a building or open lot or portion
thereof inconsistent with the last issued certificate of occupancy or,
where applicable, inconsistent with the last issued certificate of
completion for such building or open lot or which would bring it under
some special provision of this code or other applicable laws or rules,
unless and until the commissioner has issued a new certificate of
occupancy.
Section 28-118.3.3
§28-118.3.3 Changes to exits. No building hereafter altered so as to
cause a major alteration to existing exits shall be occupied or used
unless and until the commissioner has issued a certificate of occupancy
certifying that the alteration work for which the permit was issued has
been completed substantially in accordance with the approved
construction documents and the provisions of this code and other
applicable laws and rules.
Section 28-118.3.4
§28-118.3.4 Existing buildings or open lots without certificates of
occupancy. A building or open lot in existence prior to January 1, 1938
and heretofore legally used or occupied without a certificate of
occupancy or, if applicable, a certificate of completion, and subject to
the provisions of section 28-102.4 (continuation of lawful existing
use), may continue to be used or occupied without a certificate of
occupancy or, if applicable, a certificate of completion, pursuant to
the requirements of section six hundred forty five of the New York city
charter, this code and other applicable laws and rules provided there is
no change in the existing use or occupancy classification of the
building, open lot or portion thereof.
Section 28-118.3.4.1
§28-118.3.4.1 Application for certificate of occupancy. Upon
application by the owner of such a building or open lot in existence
prior to January 1, 1938, the commissioner shall issue a certificate of
occupancy for such building, provided that at the time of issuing such
certificate, such existing building is in compliance with all
retroactive requirements of the 1968 building code applicable to such
building and no notices of violation or other notices or orders
affecting the building as they relate to the provisions of this code or
the 1968 building code are pending before the department, and provided
further that it is established to the satisfaction of the commissioner,
after inspection and investigation, that the alleged use of the building
has heretofore legally existed.
Section 28-118.3.4.2
§28-118.3.4.2 Partial certificates of occupancy. Partial certificates
of occupancy may be issued pursuant to section 28-118.16.
Section 28-118.4
§28-118.4 Applications for certificates of occupancy. All applications
for certificates of occupancy shall be submitted on forms furnished by
the department. Applications for new buildings or additions to buildings
shall be accompanied by an accurate and complete final lot survey made
by a land surveyor showing such information as prescribed by the
commissioner. The commissioner may waive the requirement of such survey
in the case of small sheds, stands, temporary structures, signs, and
similar small structures.
Section 28-118.4.1
§28-118.4.1 Applicant. The application for a certificate of occupancy
shall be made by or on behalf of the owner of the building or open lot;
and if made by a person other than the owner, the application shall be
accompanied by a signed statement of the applicant stating that the
applicant is authorized by the owner to make the application. The full
names and addresses of the owner, and applicant, and of the principal
officers thereof, if a corporation, shall be stated in the application.
Section 28-118.4.2
§28-118.4.2 Statement of compliance. When a certificate of occupancy
for a new or altered building is applied for, the application shall be
accompanied by a signed statement of the registered design professional
of record or the superintendent of construction, as applicable, stating
that such person has examined the approved construction documents and
specifications of the building for which the certificate of occupancy is
sought, and that, to the best of his or her knowledge and belief, the
building has been erected or altered in accordance with the approved
construction documents and specifications and, as erected or altered,
complies with the provisions of this code and all other applicable laws
and rules, except insofar as variations or variances therefrom have been
legally permitted or authorized, specifying such variations or variances
in such required statement.
Section 28-118.5
§28-118.5 Review of applications for certificates of occupancy. All
applications for certificates of occupancy and accompanying submittal
documents shall be examined promptly after their submission. If the
building is entitled to the certificate of occupancy applied for, the
application shall be approved and the certificate of occupancy issued by
the commissioner within 10 calendar days after submission of a complete
application. Otherwise, the application shall be rejected and written
notice of rejection, stating the grounds of rejection, shall be given to
the applicant within 10 calendar days of the submission of the
application. Wherever an application has been rejected and proof is
thereafter submitted establishing that the grounds of rejection have
been met and that the building is entitled to the certificate of
occupancy applied for, the application shall be approved and the
certificate of occupancy issued within 10 calendar days after submission
of such proof.
Section 28-118.6
§28-118.6 Issuance of certificate of occupancy. After the commissioner
inspects the building or open lot and determines that the building or
open lot conforms substantially to the approved construction documents
and to the provisions of this code and other applicable laws and rules,
the commissioner shall issue a certificate of occupancy that shall
contain information including, but not limited to:
1. The building permit number.
2. The address of the structure.
3. Block and lot numbers pertaining to the zoning lot as of the date
of issuance, as defined in section 12-10 of the New York city zoning
resolution.
4. The description of the structure for which the certificate is
issued.
5. A statement that the described portion of the structure has been
inspected for compliance with the requirements of this code.
6. The name and signature of the commissioner.
7. The code under which the permit was issued.
8. The use and occupancy, in accordance with this code and the zoning
resolution.
9. The type of construction as defined in this code.
10. The design occupant load of floors and spaces.
11. Types of major fire suppression or alarm systems.
12. Any special stipulations and conditions of the building permit.
13. The maximum permissible live loads on the several floors of the
building.
14. The number of parking spaces.
Section 28-118.7
§28-118.7 Pavement plan. No certificate of occupancy shall be issued
for any building or open lot requiring a pavement plan pursuant to
article 108 unless and until an inspection has been made to show that
all work necessary for compliance with the pavement plan has been
completed.
Section 28-118.7.1
§28-118.7.1 Certification. No certificate of occupancy shall be issued
for any building or open lot requiring a certification pursuant to
article 108 unless and until the applicant, after completion of
construction work, inspects the sidewalk and certifies that the sidewalk
is free from defects.
Exception: The commissioner may issue a certificate of occupancy if in
lieu of such certification the owner furnishes to the department prior
to the issuance of the certificate of occupancy security satisfactory to
the department that the sidewalk will be installed and paved or repaired
within the time specified by the department.
Section 28-118.8
§28-118.8 Sanitary/storm water drainage. No certificate of occupancy
shall be issued until the department confirms by inspection that all
work relating to the installation of the part of the sanitary/storm
water drainage system which lies outside of such property, if and as
required by section 24-526 of the administrative code, has been
satisfactorily completed.
Section 28-118.9
§28-118.9 Fire protection plan. No certificate of occupancy shall be
issued until a fire protection plan, if required pursuant to article
109, has been filed and accepted.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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