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When changes are made in the address of a building or open use, the block and/or lot numbers, or the metes and bounds of the zoning lot that are inconsistent with that indicated on a certificate of occupancy, the owner shall obtain a new or amended certificate of occupancy within one year of such change. For purposes of this section:
1. The date of change in the metes and bounds of the zoning lot shall be the date of the approval of construction documents for any new building or enlargement on the zoning lot, as per article 104 following the reporting required in section 28-104.7.18;
2. The date of the change of the address or the block and/or lot numbers shall be the date such change is made effective by the borough president or the department of finance.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Where metes and bounds of the zoning lot have been changed after the effective date of the local law that added this section and construction documents are approved for a new building or enlargement within such metes and bounds, an owner of a tax lot within such metes and bounds with a certificate of occupancy that does not indicate zoning lot metes and bounds shall file an application with the department notifying it of the amended metes and bounds, including the city registration file number (CRFN) numbers of the related zoning lot exhibits, and obtain approval and sign off within one year from the date of such change in metes and bounds. For purposes of this section, the date of change in the metes and bounds of the zoning lot shall be the date of the approval of construction documents for any new building or enlargement on the zoning lot, in accordance with article 104 following the reporting required in section 28-104.7.18.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
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.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
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, provided such use or occupancy is not inconsistent with the records of the department relating to the lawful use of such building or open lot, and complies with applicable laws and rules, and provided there is no change in the existing use or occupancy classification of the building, open lot or portion thereof.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Where metes and bounds of a zoning lot have been changed after the effective date of this code for a building or open lot in existence prior to January 1, 1938 and heretofore legally used or occupied without a certificate of occupancy, the owner shall file an application with the department notifying it of such change in metes and bounds, including the CRFN numbers of the related zoning lot exhibits, and obtain approval and sign off within one year from the date of the change in metes and bounds of the zoning lot. For purposes of this section, the date of change in the metes and bounds of the zoning lot, shall be the date of the approval of construction documents for any new building or enlargement on the zoning lot, as per article 104 following the reporting required in section 28-104.7.18.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
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 and occupancy of the building has heretofore legally existed.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Partial certificates of occupancy may be issued pursuant to section 28-118.20.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
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.
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