Rochester, N.Y., Code of Ordinances ch. 90 § 90-16

A. When required: (1) No person shall permit the occupancy of a one-family dwelling or dwelling unit, a building containing two or more dwelling units, or a mixed-occupancy building containing one or more dwelling units unless a valid certificate of occupancy is in effect for said building. If such a building is occupied in violation of this section, a ticket may be served on the owner of the building. The violation shall be considered a health and safety violation for which the penalties set forth in § 13A-11D(1)(c) of the Municipal Code shall apply. (2) In addition to the requirements of § 39-213 of the City Code, a certificate of occupancy or a conditional certificate of occupancy must be obtained within 90 days of the occurrence of any of the following: (a) The transfer of title to a new owner of any two-family dwelling unless a certificate of occupancy has been issued within two years of the transfer date. (b) The reoccupancy of a dwelling which has been entirely vacant for more than two months, unless a certificate of occupancy has been issued within a year of the reoccupancy. (c) A change of occupancy or use that would bring a dwelling under a different or additional classification of this chapter, the Building Code, Zoning Code, Fire Prevention Code or other provisions of the City Code. (d) The expiration or termination of a valid certificate of occupancy for a subject dwelling. (e) A change of occupancy whereby a one-family dwelling or a two-family dwelling is no longer occupied by the owner, or a spouse, child, parent or sibling of the owner. For one-family dwellings or two-family dwellings that are not occupied by an owner, or a spouse, child, parent or sibling of the owner, on September 1, 2012, a certificate of occupancy or a conditional certificate of occupancy shall be obtained immediately, but in no event later than 40 days after notice is sent by the City by regular first-class mail to the owner, at the owner's address on file with the City. B. When waived. (1) The Commissioner shall waive the requirement for obtaining a new certificate of occupancy when title is transferred in any of the following manners, provided that a valid certificate of occupancy is then in effect for said building: (a) By an executor or administrator in the administration or settlement of an estate. (b) In lieu of foreclosure. (c) By a court-appointed referee. (d) By a trustee in bankruptcy. (e) To or by an assignee for benefit of creditors. (f) By the Monroe County Sheriff pursuant to a judicial sale. (g) To a municipality as a result of tax foreclosure. (h) Between husband and wife. (i) To a person who had immediate, previous legal ownership in whole or in part. (j) Pursuant to the formation, reorganization or dissolution of a partnership or corporation. (k) By a corporation to its shareholders. (l) To the United States Department of Housing and Urban Development or to the Administrator of Urban Affairs. (m) By a person who retains life use of and/or interest in the property. (2) The Commissioner shall waive the requirement for an interior inspection prior to the issuance of a certificate of occupancy for a unit upon submission of a certification by the Rochester Housing Authority (RHA) stating that the dwelling unit in a one- or two-family structure is in compliance with the inspection and clearance requirements of the RHA's housing programs as governed by the Department of Housing and Urban Development (HUD) and: (a) If the most recent inspection was conducted by a certified RHA employee within one year of the submission date and it passed; and (b) The RHA employee inspected the unit for lead paint hazards in accordance with the City of Rochester's requirements outlined in § 90-55 , and confirmed that the unit is free of deteriorated paint and other lead paint hazards; and (c) The property owner has submitted an application in accordance with Subsection J , and has met all the other requirements of this section. (3) The Commissioner shall issue or deny the waiver within 10 business days of receipt of a written request. C. Exemption. (1) One-family owner-occupied dwellings, and two-family owner-occupied dwellings located outside the "Lead Paint High-Risk Area," as defined in § 90-55 of this chapter, are exempt from the certificate of occupancy requirement upon the submission and approval of an exemption request form. The exemption shall remain valid until the property is sold, or the owner-occupant no longer resides at the property. (2) One-family dwellings, and two-family dwellings located outside the Lead Paint High-Risk Area, as defined in § 90-55 of this chapter, occupied in whole or in part by the spouse, child, parent or sibling of the owner are eligible to be exempted from the certificate of occupancy requirement upon completion and submission of an exemption request form. Once approved, the exemption must be renewed every three years through submission of a new exemption request form. D. Contents of a certificate of occupancy. All certificates of occupancy shall state that the subject dwelling substantially conforms to the provisions of this chapter, the Building Code, the Zoning Code, the New York State Multiple Residence Law (if applicable) and other provisions of the City Code. They shall also state that the subject dwelling has met all the inspection requirements for the New York State Lead Rental Registry detailed in Public Health Law § 1377 , and shall also count as the Lead Safety Certificate for applicable properties. Whenever the interior portion of the inspection for the certificate of occupancy process is waived or exempted for a particular unit, in accordance with Subsection B(2) , it shall be noted on the document. E. Conditional certificate of occupancy. The Commissioner, in his or her discretion, may issue a conditional certificate of occupancy prior to the occurrence of any of the events enumerated in Subsection A herein when occupancy or use of the building will not jeopardize life or property, and: (1) The subject dwelling is near substantial compliance with this section and all other applicable laws, ordinances and rules; (2) The work required to bring the dwelling into full compliance is not essential to making the building habitable; (3) The dwelling complies with the Zoning Code as evidenced by the endorsement of the head of the bureau or division responsible for administering the Zoning Code; and (4) The owner of record, or contract vendee, or lessee has agreed with the Commissioner on a schedule of rehabilitation or demolition. F. Contents of conditional certificate of occupancy. A conditional certificate of occupancy shall state that the subject dwelling complies with the requirements of Subsection E herein and shall specify the purposes for which the building may be used in its several parts. It shall also specify the date by which the owner of record must obtain the certificate of occupancy specified in Subsection D herein and warn that failure to obtain the certificate of occupancy by the date shall be sufficient cause for revoking the conditional certificate of occupancy without further notice to the owners and other interested parties. Time limitations set forth in conditional certificates of occupancy shall constitute amendments to time limitations imposed by prior notices and orders by the Department. G. Issuance and filing. (1) A certificate of occupancy shall be issued by the Department within 10 days after an inspection by the Department reveals that a subject dwelling is in substantial compliance with applicable laws, ordinances or rules. (2) A record of all certificates of occupancy, and conditional certificates of occupancy and their status, shall be kept in the office of the Commissioner, and copies shall be furnished, upon request, to the public. For properties subject to the New York State Lead Rental Registry requirements codified in Public Health Law § 1377 , copies of these records will also be transmitted to Monroe County and New York State. (3) No certificate of occupancy shall be issued by the Department until the owner has registered with the City as required in § 90-20 . H. Validity of certificate of occupancy. (1) Expiration. (a) A certificate of occupancy for either a one-family dwelling, or a two-family dwelling located outside the Lead Paint High-Risk Area, as defined in § 90-55 of this chapter, not occupied by the owner, or the spouse, child, parent or sibling of the owner, shall remain valid for a period of six years from the date of issuance, unless sooner terminated pursuant to Subsection H(1)(c) or by the occurrence of any of the events enumerated in Subsection A(2)(a) or (b) , or the failure of the dwelling to remain in substantial compliance with the provisions of this chapter and all other applicable laws, ordinances and rules. (b) A certificate of occupancy for a building containing three or more dwelling units or a mixed-occupancy building containing at least one dwelling unit issued on or after July 1, 2006, shall be valid for a period of three years unless sooner terminated by the occurrence of any of the events enumerated in Subsection A(2)(a) or (b) herein, or the failure of the dwelling to remain in substantial compliance with the provisions of this chapter and all other applicable laws, ordinances and rules. (c) A certificate of occupancy for either a one-family dwelling or a two-family dwelling not exempted under Subsection C and which is located in the Lead Paint High-Risk Area, as defined in § 90-55 of this chapter, shall remain valid for a period of three years from the date of issuance, unless sooner terminated by the occurrence of any of the events enumerated in Subsection A(2)(a) or (b) or the failure of the dwelling to remain in substantial compliance with the provisions of this chapter and all other applicable laws, ordinances and rules. I. Inspections. (1) Notwithstanding the existence of the valid certificate of occupancy, the Commissioner, Fire Chief or head of the bureau or division responsible for administering the Zoning Code may cause the subject building to be inspected as often as may be necessary for the purpose of ascertaining and causing to be corrected any violations of the provisions of the laws, ordinances or rules which they enforce. (2) For two-family dwellings located inside the Lead Paint High-Risk Area, a unit may be exempted from inspection if the owner submits documentation with the certificate of occupancy renewal application to confirm that the unit is owner-occupied, or occupied by the child, parent or sibling of the owner. Unless all units at the property are exempted in this manner, the remaining units, exterior, and common spaces at the property remain subject to required inspection. J. Renewal. The owner of record shall apply for a new certificate of occupancy at least 90 days prior to the expiration of a valid certificate of occupancy, or within 30 days of termination of a valid certificate of occupancy, pursuant to Subsections A(2) or H(1) herein. K. Warrants. The Director and Commissioner shall each have the authority to seek inspection warrants, pursuant to Article I , Part B, of the Charter of the City of Rochester, where the same are constitutionally required, regardless of whether an application for a certificate of occupancy has been submitted. L. Remedies. When a certificate of occupancy is required, unless a valid certificate of occupancy is in effect for said building, the Director or Commissioner may order occupants of the building to vacate the building, may serve a ticket on the owner of the building, which shall be a high-level violation for which the penalties set forth in § 13A-11D(1)(c) of the Municipal Code shall apply, or may pursue any other penalty or remedy set forth in this chapter or Chapter 52 of the Municipal Code, or any other penalty or remedy provided by law. M. Voiding existing certificate of occupancy. Whenever violations of the Property Conservation Code, Building Code, Fire Prevention Code, Zoning Code or any applicable law, ordinance or rule are discovered, and those violations affect the structure’s substantial compliance with the applicable law, ordinance or rule, an existing certificate of occupancy may, at the discretion of the Commissioner or Director, be declared null and void. If such declaration is made, the Commissioner or Director may order occupants of the building to vacate the building through notification to the owner(s) and the occupants of the property, in writing, in the same manner as the service of a notice and order, as set forth in § 52-6 of the Municipal Code, unless an emergency exists, in which case an immediate vacate may be ordered. N. Liability for damages. This code shall not be construed to hold the City of Rochester responsible for any damages to persons or property by reason of inspections made pursuant to an application for a certificate of occupancy or issuance of or the failure to issue a certificate of occupancy.