Certificate Of Occupancy Page 3

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(NEW, Option 2) 110.6 Issuance of certificate for pre-USBC buildings or
structures. When a building or structure was constructed prior to (date to be inserted),
and the Department of Building Safety does not have a certificate of occupancy for the
building or structure, the owner or owner’s agent may submit a written request for a
certificate of occupancy to be created. The code official, after receipt of the request,
shall issue a certificate of occupancy provided a determination is made that there are no
current violations of the International Property Maintenance Code or the retroactive and
maintenance provisions of the International Fire Code and the occupancy classification
of the building or structure has not changed. Such buildings and structures shall not be
prevented from continued use, where not determined unsafe.
Exception: When no certificate of occupancy exists, but the Department of
Building Safety has records indicating that a certificate of occupancy did exist,
then the code official may either verify in writing that a certificate did exist or
issue a certificate based upon the records.
Cost Impact: This code change proposal will not increase the cost of construction.
Commenter’s Reason:
As part of a review of the 2015 IEBC, it was found that there is no direction provided in the code regarding two issues
related to certificates of occupancy. The first was the process to restore or reissue a certificate of occupancy that the
code official revokes or suspends. The new section 110.5 states that when the conditions are abated that caused the
revocation or suspension, the certificate of occupancy shall be reinstated. It also clearly states that the building only
needs to comply with the provisions in place at the time of construction and does not have to meet requirements for a
newer code.
New Section 110.6 establishes procedures for issuing a certificate of occupancy to a building or structure that never
received one. This can be found when buildings were constructed before a code was adopted or when a local building
code did not address certificates of occupancy. The provision states that as long as it is being used as originally
intended, a certificate can be created as long as there are no violations of the International Maintenance Code and the
International Fire Code..
The exception recognizes that there may be situations where records indicate that there was a certificate of occupancy,
but a physical document does not exist.
CTC to BCAC – Relocatable Modular Buildings
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