A new class of Certificate of Occupancy, which removes red tape from the building occupation process for commercial and residential property owners, developers, and tenants, is coming to New York City starting April 2021.
In December 2020, the New York City Council passed Intro. 2033, creating the Interim Certificate of Occupancy, a new type of temporary Certificate of Occupancy for buildings in the city. Like a Temporary Certificate of Occupancy (TCO), Interim Certificates of Occupancy, also known as ICOs, can be used in certain cases to allow partial occupancy of buildings before construction work is completed in other areas of the building. An ICO may be issued when a specific portion of a building (a floor or floors) is deemed safe for occupancy following a DOB inspection, complies with all applicable Code and Zoning provisions, has no outstanding violations or issues requiring remediation, and does not need any further New York City Department of Buildings (DOB) approvals for that portion of the building.
ICO vs TCO
TCOs expire every 90 days and must be renewed until a Final Certificate of Occupancy is issued, or the owner risks enforcement actions from the DOB. Unlike TCOs, ICOs do not require renewals. Once an ICO has been issued, it is valid until a final Certificate of Occupancy is in place.
While the process to obtain an ICO reduces red tape, all necessary compliance and safety standards must still be maintained. Filing for an ICO will still require inspections and sign-offs by a professional to ensure that the property is complying with all building codes, pertaining to items such as fire projection systems, Special Inspections, proper means of egress, etc. If the DOB finds conditions in other parts of the building that have not been signed off and can affect the entire building, the ICO will be rejected.
Eligible Buildings
Buildings must meet certain conditions in order to qualify for an ICO:
- The building is of non-combustible construction and protected with an automatic sprinkler system
- Adequate means of egress have been provided
- There are no outstanding objections relating to or affecting the occupancy of such portion of the building
- Upon inspection, the portion of the building is deemed safe for occupancy without reliance upon temporary measures
Non-Eligible Properties
The following property types do not qualify for an ICO:
- Residential buildings with fewer than eight stories or fewer than four dwelling units
- Non-residential buildings with fewer than five stories
- Parking structures
Building Owner Requirements
As with a TCO and final Certificate of Occupancy, building owners must post their building’s Interim Certificate of Occupancy in a conspicuous location of their building, and this posting cannot be removed until directed by the DOB. The DOB conducts periodic inspection sweeps - failure to comply with the provisions of old and new Certificate of Occupancy requirements, including postings, can result in fines.
It should be noted that as of March 1, 2021 all Occupancy requests for Building Information System (BIS) and DOB NOW jobs must be submitted via DOB NOW: Build.
Contact RAND
For more information on Certificates of Occupancy or if you have any code compliance questions, contact RAND at info@nullrandpc.com or 212-675-8844. RAND’s in-house Code & Zoning Compliance Team is well versed in the complex policies, procedures, codes, and regulations governing the buildings industry.
Paul Grissett is head of RAND's Code & Zoning Compliance team.
