A certificate of compliance or certificate of occupancy shall
be required for any work which is the subject of a building permit
and for all structures, buildings, or portions thereof which are converted
from one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of compliance or certificate of
occupancy.
The Code Enforcement Officer shall issue a certificate of compliance
or a certificate of occupancy if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the codes and, if applicable, that the structure, building
or portion thereof that was converted from one use or occupancy classification
or subclassification to another complies with all applicable provisions
of the codes. The Code Enforcement Officer or third-party inspector
shall inspect the building, structure, or work prior to the issuance
of a certificate of compliance or certificate of occupancy. In addition,
where applicable, the following documents prepared in accordance with
the provisions of the codes by such persons or persons as may be designated
by or otherwise acceptable to the Code Enforcement Officer, at the
expense of the owner for the certificate of compliance or certificate
of occupancy, shall be provided to this officer prior to the issuance
of such certificate:
A.
A written statement of structural observations and/or a final report
of special inspections; and
B.
FEMA elevation certificate; and
C.
A written statement of the results of tests performed to show compliance
with the Energy Code; and
D.
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
A certificate of compliance or certificate of occupancy shall
contain the following information:
A.
The building permit number, if any; and
B.
The date of issuance of the building permit; and
C.
The address and Tax Map identification numbers of the lot of record;
and
D.
If the certificate of compliance or certificate of occupancy is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of compliance or certificate
of occupancy is issued; and
E.
The use and occupancy classification of the structure; and
F.
The type of construction of the structure; and
G.
The occupant load of the assembly areas in the structure, if any;
and
H.
Any stipulations imposed in connected with the issuance of the building
permit; and
I.
The signature of the Code Enforcement Officer; and
J.
The certificate's date of issuance.
A.
Issuance. The Code Enforcement Officer shall be permitted to issue
a temporary certificate of occupancy allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion
of the work which is the subject of a building permit. However, in
no event shall the Code Enforcement Officer issue such certificate
unless this officer determines:
(1)
That the building or structure, or a portion thereof covered by the
temporary certificate of occupancy, may be occupied safely; and
(2)
That any required fire and life safety components, such as fire protection
equipment and fire, smoke, carbon monoxide and heat detectors and/or
alarms, are installed and operational; and
(3)
That all required means of egress from the structure have been provided.
B.
Time limit of certificate. A temporary certificate of occupancy shall
be effective for a period, not to exceed six months, which shall be
determined by the Code Enforcement Officer and specified in such certificate.
During the specified period of effectiveness of this certificate,
the owner shall undertake to complete all work in compliance with
all applicable provisions of the codes. Lastly, the owner is responsible
to secure a certificate of compliance or certificate of occupancy
prior to expiration of the specified period of effectiveness of this
temporary certificate.
A.
If one or more required inspections have not been conducted, the
Code Enforcement Officer is authorized to issue a certificate of compliance
or certificate of occupancy upon receipt of all the following:
(1)
Documentation from a registered design professional. Documentation
from a registered design professional that the work that is the subject
of the building permit has been completed in accordance with the acceptable
construction practices and/or the accepted construction documents,
and satisfy applicable provisions of the codes.
(2)
Flood hazard documentation. When a floodplain development permit
is mandated by the Flood Damage Prevention Law,[1] a FEMA elevation certificate or other approved document
that provides evidence that the completed work complies with such
law and any applicable provision of the codes as it pertains to flood-resistant
construction.
(3)
Tests. Tests (e.g., air infiltration tests) required by the codes
for the work that is the subject of the building permit.
(4)
Third-party inspector. Reports from a third-party inspector(s) for
work that is the subject of the building permit (e.g., electrical
inspection reports, solid-fuel-burning appliance reports, etc.).
(5)
Other. Any other documentation deemed necessary by the Code Enforcement
Officer to ensure compliance with applicable laws.
B.
Such certificate of completion and/or occupancy shall recite that
it has been issued solely upon the basis of documents and reports
from a third-party inspector and/or registered design professional,
and not based on any inspection by the Code Enforcement Officer nor
any other employee of the Town. The Code Enforcement Officer nor the
Town of Milo shall be held liable for any errors and omissions directly
related to such documents and/or reports.
The Code Enforcement Officer may include in a certificate of
compliance, certificate of occupancy, or temporary certificate of
occupancy such terms and conditions as he/she/they deems necessary
and/or appropriate to ensure the health and safety of the person(s)
occupying and/or using the building or structure and/or performing
further construction work in the building or structure.
The Code Enforcement Officer is authorized to, in writing, suspend
or revoke a certificate of compliance and/or occupancy or temporary
certificate of occupancy issued under the provisions of this chapter
wherever such certificate is issued in error, or based on incorrect
information supplied, or where it is determined that the building
or structure or portion thereof is in violation of the codes.
