Int. No. 149
By Council Members Berman and Golden; also Council Member Cruz
A Local Law to amend the charter and the administrative code of the City of New York, in relation to the posting of a bond prior to the issuance of a temporary certificate of occupancy.
Be it enacted by the Council as follows:
Section one. Subparagraph f. of paragraph (3) of subdivision (b) of section six hundred forty-five of the charter of the city of New York is hereby amended to read as follows:
f. The commissioner may, on request of the owner of a building or structure or his authorized representative, issue a temporary certificate of occupancy for any part of such building or structure provided that such temporary occupancy or use would not in any way jeopardize life or property and further provided that proof is submitted to the commissioner that a bond to secure the completion of such building or structure has been posted with the comptroller pursuant to the building code.
§2. Section 26-222 of article five of subchapter three of chapter one of title twenty-six of he administrative code is hereby amended to read as follows:
§26-222. Requirement of certificate of occupancy. It shall be unlawful to occupy or to use any building erected or altered after December sixth, nineteen hundred sixty-eight, unless and until a certificate of occupancy shall have been issued by the commissioner, certifying that such building conforms substantially to the approved plans and the provisions of the building code and other applicable laws and regulations. Nothing herein contained, however, shall be deemed to prohibit the commissioner from permitting the temporary occupancy and use of a building in accordance with and subject to the provisions of the building code and paragraph three of subdivision (b) of section six hundred forty-five of the charter provided that proof is submitted to the commissioner that a bond to secure the completion of such building or structure has been posted with the comptroller pursuant to the building code.
§3. Section 27-218 of article twenty-two of subchapter one of chapter one of title twenty-seven of such code is hereby amended to read as follows:
§27-218. Temporary occupancy. a. The commissioner may, upon request, issue a temporary certificate of occupancy for a part or parts of a building before the entire work covered by the permit shall have been completed, provided that such part or parts may be occupied safely prior to completion of the building and will not endanger public safety, health or welfare, and further provided that the temporary certificate of occupancy shall be issued initially for a period of ninety days, subject to renewal for additional ninety-day periods at he discretion of the commissioner.
b. when a temporary certificate of occupancy for a new or altered building in occupancy group J-3, exclusive of convents or rectories, is applied for, the application shall be accompanied by a signed statement of the architect, engineer, or other person who supervised or superintended the construction or alteration work, stating that he or she has examined the approved plans and specifications of he building, and stating the work covered by the permit which is not completed in accordance with the approved plans and specifications. No temporary certificate of occupancy shall be issued unless the applicant has furnished to the comptroller a bond in an amount satisfactory to the department to secure the completion of the work within such time as is specified by such department.
§4. This local law shall take effect immediately.
Referred to the Committee on Housing and Buildings.