230 BOARD OF ESTIMATE AND APPORTIONMENT 



of this resolution are added in the future to existing buildings, the require- 

 ments of this resolution as to setbacks shall start at the top of the existing 

 walls, if they are over the prescribed height limit, and the least dimensions 

 of yards and courts shall be computed from the top of the existing yard or 

 court walls as though they were of the prescribed sizes at such heights and 

 the carrying up of existing elevator and stair enclosures shall be exempted 

 from such provisions. 



Section 15. Unlawful Use; Certificate of Occupancy: It shall be un- 

 lawful to use or permit the use of any building or premises hereafter cre- 

 ated, erected, altered, changed or converted wholly or partly in its use until 

 a certificate to the effect that said [structure] building or premises [or place] 

 and the use thereof conforms to all of the requirements of this resolution 

 shall have been issued by the superintendent of buildings of the bor- 

 ough in which said building or premises are located. It shall be the duty 

 of the superintendent of buildings to issue a certificate of use within [20] 

 10 days after a request for the same shall be filed in his bureau by any 

 owner of a [structure] building or premises affected by this resolution, pro- 

 vided said building or premises conforms with all the requirements herein 

 set forth. It is provided, however, that in the case of tenement houses such 

 certificate of occupancy shall be issued by the tenement house commissioner. 



Section 16. Enforcement, Legal Procedure, Penalties : This resolution 

 shall be enforced by the tenement house commissioner, the fire commissioner 

 and by the superintendent of buildings in each borough under the rules and 

 regulations of the Board of Standards and Appeals. The superintendent of 

 buildings shall in each borough enforce the provisions herein contained in 

 so far as such enforcement can be effected through the issue of the building 

 permit and the certificate of occupancy. The fire commissioner shall en 

 force the provisions herein contained in so far as they relate to use of 

 buildings or premises. The tenement house commissioner shall [subject to 

 the rules and regulations of the Board of Standards and Appeals] have 

 [exclusive] jurisdiction to enforce the provisions herein contained in so far 

 as they affect or relate to tenement houses. Any and every violation of the 

 provisions of this resolution or of the rules and regulations adopted there- 

 under shall subject the owner, agent, contractor, lessee or tenant of a build- 

 ing or premises where such violation has been committed or shall exist, and 

 the agent, architect, builder, contractor, or any other person who has as- 

 sisted in the commission of such violation or who maintains any building 

 or premises in which such violation exists as to the same legal procedure 

 and the same penaltes as are prescribed in anv law, statute, or ordinance for 

 the violations of the Building Code, and such violations shall be subject to 

 the same lesfal remedies and prosecuted in the same manner prescribed in any 

 law or ordinance for violations of said Building Code. 



Section 17. No change. 



Section 18. No change. 



Section 19. Interpretation ; Purpose : In interpreting and applying the 

 provisions of this resolution, they shall be held to be the minimum require- 

 ments adopted for the promotion of the public health, safety, comfort, con- 

 venience and general welfare. It is not intended bv this resolution to 

 interfere with or abrogate or annul anv rules, regulations or permits pre- 

 viously adopted or issued or which shall be adopted or issued pursuant to 

 law Tby the fire department or health department] relating to the use of 

 buildings or premises; nor is it intended bv this resolution to interfere with 

 or abrogate or annul any easements, covenants or other agreements between 



