Temporary certificates of occupancy.

[Amended 10-16-2025 by L.L. No. 1-2025]A. Application. Application for a temporary certificate of occupancy may be made for a structure for good cause, provided that all applicable laws, rules, ordinances and other regulations of the Town of Webster, together with the following, are complied with:(1) A list of all items remaining to be completed shall be set forth on the application for a temporary certificate of occupancy, and a time limit shall be stated by which date all items of work are to be completed.(2) A cost estimate of the remaining work shall be submitted by the applicant's engineer or architect, which cost estimate shall be subject to approval by the Town Engineer.(3) A certified check or letter of credit shall be submitted to the Town in an amount equal to the cost estimate provided for above.

The certified check or letter of credit shall be returned upon issuance of a permanent certificate of occupancy.(4) An agreement by the property owner and/or the applicant, approved by the Town Attorney, giving the Town permission to use the certified check or draw on the line of credit should the expiration date arrive, and work remain to be completed shall be required.B. Approvals required for issuance. Issuance of a temporary certificate of occupancy shall require the approval and sign off from the Building Inspector and the Commissioner of Public Works (hereinafter, the "Granting Authority").

In the absence of a Commissioner of Public Works, unanimous approval and sign off from all of the following authorized division heads (in addition to the Building Inspector) for compliance with each division's respective requirements will be required: Town Engineer, Director of Community Development, Highway Superintendent, Director of the Sewer Department.(1) The temporary certificate of occupancy shall state a date upon which it shall automatically become void, which shall not exceed six months from the date of issuance.(2) In no event shall a temporary certificate of occupancy be issued unless the Granting Authority determines that the building or structure, or portion thereof covered by the certificate, may be occupied safely; any fire- and smoke-detecting or fire-protection equipment which has been installed is fully operational and meets all applicable requirements, and all required means of egress from the building or structure have been provided to meet all applicable codes and regulations.C.

Extensions. If upon six months after the initial issuance of a temporary certificate a permanent certificate of occupancy cannot be obtained, one three-month extension may be granted. Under no circumstances should a temporary certificate of occupancy ever exceed a period of nine months. Issuance of an extension shall follow the requirements set forth in § 119-24B.D. Revocations/recissions. If at any time after a temporary certificate of occupancy has been issued, a condition occurs which, in the opinion of the Granting Authority, renders the site unsafe or constitutes a danger to public health or safety, the Building Inspector may immediately revoke or rescind the temporary certificate of occupancy and order the property vacated until the unsafe or dangerous condition has been corrected as determined by the Granting Authority.E.

Nothing herein contained shall be construed to prevent the Town of Webster from pursuing all legal remedies it deems necessary to enforce the applicable laws, rules and regulations of the Town of Webster and the State of New York.