In New York City a Certificate Of Occupancy can potentially be obtained for a new building or building being altered with open applications if the open applications are not related to life safety, egress, or sidewalks and all critical building systems have been inspected and signed off.
The New York City Department Of Buildings (DOB) has implemented an Open Applications Initiative that is meant to help individuals obtain a Certificate Of Occupancy faster by allowing the Certificate to be issued with certain open applications on the property. In NYC it had been the policy at the DOB that a Final Certificate Of Occupancy not be issued if there are any open applications on a property until the Open Applications Initiative was implemented.
Applying for the Open Applications Initiative
An applicant requesting Certificate Of Occupancy on any building with one or more open applications must submit a written request to the applicable DOB Borough Office. The Letter should outline the issues affecting the issuance of a final C of O including all open applications. A “Project advocate” from the borough office will coordinate the review with the inspection departments and the borough Commissioner.
Critical and Life Safety Systems Must be Signed Off
Any critical building systems necessary for occupancy must be signed off before the certificate Of Occupancy can be issued. Below is a list of some of the systems that must be completely signed off before getting the Final Certificate Of Occupancy.
- Egress
- Elevator
- Fire Alarm
- Mechanical
- Plumbing / Gas
- Sidewalks
- Sprinkler
- Standpipe
- Structural
Certificate Of Occupancy with an Open Alt 1
If there is an open Alt 1 on a property that is not related to the Alt 1 in which the Certificate Of Occupancy is requested a C of O may be issued. If an Open Alt 1 covers 20% or more of the building floor are it will require inspection of the entire building to sign off. A final Certificate Of Occupancy may be issued if there is an open Alteration Type 1 on the property that covers less than 20% of the building floor area.
Certificate Of Occupancy with Open Alt 2s
If there are open Alteration Type 2s on the property not related to the Alteration Type 1 in which a Certificate Of Occupancy is requested it may be possible to obtain the C of O. Alteration 2s that are related to the primary filing Alt 1 must be signed off.
You can see another post we wrote for more information on the difference between an Alteration Type 1 and 2.
Certificate Of Occupancy for Tenant Fit Outs
In a New Building or Major Alteration if individual tenants file a separate Alteration Type 2 for fit out of there respective space this work does not need to be signed off before a Certificate Of Occupancy is issued provided the work would not contradict the certificate.
Certificate Of Occupancy
As an architect I study the process of property development closely but it is a complex endeavor. NYC regulations are complicated and quite involved. In this article, we reviewed some of the basic issues with regards to obtaining a Certificate Of Occupancy with Open Applications in NYC. This post does not assume to cover every possible issue or condition, but provide a general overview.
Thank you for reading our blog post on Getting a Certificate Of Occupancy in New York City With Open Applications.
I hope this was helpful. Please leave questions and comments below. If you would like to speak with an architect you can contact us directly.
This post was written by Jorge Fontan AIA a Registered Architect and owner of New York City architecture firm Fontan Architecture. Jorge Fontan has earned 3 degrees in the study of architecture including two degrees from the City University of New York and a Masters Degree in Advanced Architectural Design from Columbia University. Jorge has a background in construction and has been practicing architecture for 20 years where he has designed renovations and new developments of various building types.
