CHAPTER 21-3
BUILDING CODE

21-3-1 Title, Authority, Purpose, Amendment, and Scope.

(A)    Title. These regulations shall be known as the Uniform Building Code, may be cited as such and will be referred to herein as “this Code.”

(B)    Authority. Building Code. There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the erection, construction, enlargement alteration, repair, moving, removal, demolition, conversion occupancy, equipment, use, height, area, and maintenance of all buildings or structures, the 1997 edition of the Uniform Building Code, Volumes 1, 2, and 3, as published by the International Conference of Building Inspectors, such code being made a part of the Codes of the PBP as if the same had been set out in full herein. No fewer than three copies of the Uniform Building Code shall be marked or stamped “Official Copy as Incorporated by Resolution No. 2000-24,” shall be filed with the Tribal Council Secretary to be open to inspection and shall be available to the public at reasonable business hours.

(C)    Purpose. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all specific buildings and structures within the Nation’s jurisdiction and certain equipment specifically regulated herein, as hereinafter defined in Section 21-3-1(E). This code is necessary to regulate activities which have a direct, serious and substantial effect on the health and welfare of the Nation and all other residents of the reservation. For the purpose of this Title, the term Reservation shall be as defined in Article I of the Prairie Band Potawatomi Nation’s Constitution.

This purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

(D)    Amendment. That the Uniform Building Code 1997 Edition, as published by the International Conference of Building Inspectors be amended as follows: None.

(E)    Scope. The provisions of this code shall apply to the erection, construction, enlargement, demolition, or conversion for a different use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code.

Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most practical shall govern. Where there is a conflict between a general requirements, the most practical shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirements shall be applicable.

21-3-2 Unsafe Buildings or Structures.

All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purposes of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages.

All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with such procedures as may have been or as may be adopted by this jurisdiction. As an alternative, the building inspector, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation.

21-3-3 Violations.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

(A)    Any person, group, or corporation found in willful violation of this ordinance shall be subject to a civil fine of not less than $100.00, nor more than $1,000.00. Each day that a violation occurs or continues shall be considered a separate offense.

21-3-4 Organization and Enforcement.

(A)    Creation of Enforcement Agency. There is hereby established in this jurisdiction a code enforcement agency which shall be under the administration and operational control of the building inspector. The code enforcement agency shall be the Nation’s Planning and Environment Protection Department.

(B)    Powers and Duties of Building Inspector.

(1)    General. The building inspector shall have the power to enforce this code and other codes adopted by the Nation. For such purposes the officer shall have powers of a law enforcement officer. This officer shall be appointed by the Department Director.

The building inspector shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this code.

(2)    Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building inspector may appoint such number of technical officers and inspectors and other employees from time to time. The officer may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.

(3)    Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the building inspector has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building inspector may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building inspector shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building inspector shall have recourse to the remedies provided by law to secure entry.

(4)    Stop Orders. Whenever any work is being done contrary to the provisions of this code, or other pertinent laws or ordinances implemented through the enforcement of this code, the building inspector may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building inspector to proceed with the work.

(5)    Occupancy Violations. Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the building inspector may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building inspector after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code.

(6)    Liability. The building inspector charged with the enforcement of this code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the building inspector or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings.

This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure form any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.

(7)    Modifications. When there are practical difficulties involved in carrying out the provisions of this code, the building inspector may grant modifications for individual cases. The building inspector shall first find that a special individual reason makes the strict application of this code impractical and that the modification is in conformance with the intent and purpose of this code and that such modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the code enforcement agency.

(8)    Alternate Materials, Alternate Design and Construction Methods. The Provisions of this code are not intended to prevent the use of alternate materials, alternate design or methods of construction not specifically prescribed by this code, provided any alternate has been approved and its use authorized by the code enforcement agency.

The building inspector may approve any such alternate, provided the building inspector finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

The building inspector shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded in the files of the code enforcement agency.

(9)    Tests. Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of this code, the building inspector may require tests as proof of compliance to be made at no expense to this jurisdiction.

Test methods shall be as prescribed by this code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the building inspector shall determine test procedures.

All tests shall be made by an approved agency. Report of such tests shall be retained by the building inspector for the period required for the retention of pubic records.

21-3-5 Board of Appeals.

(A)    General. The Tribal Council shall hear and decide appeals of decision or determinations made by the building inspector relative to the application and interpretation of this code.

21-3-6 Permits.

(A)    Permits Required. Except as specified in Section 21-3-6 (B) of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, demolished or converted for a different use without a permit. There will be no permit fee for a demolition permit.

(B)    Work Exempt from Permit. A building permit shall not be required for the following:

(1)    One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet.

(2)    Fences not over 6 feet high.

(3)    Oil derricks.

(4)    Re-roofing of existing building structures.

(5)    Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

(6)    Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of heights to diameter or width does not exceed 2 to 1.

(7)    Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below.

(8)    Painting, papering and similar finish work.

(9)    Temporary motion picture, television and theater stage sets and scenery.

(10)    Window awnings supported by an exterior wall of Group R, Division 3, and Group M Occupancies when projecting not more than 54 inches.

(11)    Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5, 000 gallons.

(12)    Cook shacks.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

(C)    Application for Building Permit.

(1)    Application. To obtain a building permit, the applicant shall first file an application in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall:

(a)    Identify and describe the work to be covered by the permit for which application is made.

(b)    Describe the land on which the proposed work is to be done by legal description or street address or similar description that will readily identify and definitely locate the proposed building or work.

(c)    Indicate the use or occupancy for which the proposed work is intended.

(d)    Be accompanied by plans, diagrams, computations and specifications and other data as required in Section 21-3-6(C)(2).

(e)    State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.

(f)    Be signed by the applicant, or the applicant’s authorized agent.

(g)    Give other such data and information as may be required by the building inspector.

(h)    Include a sketch or diagram of improvement showing, but not limited to, foot print, roof print, height at corners and highest point and distance to property and easement boundaries.

(2)    Submittal Documents. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the building inspector may require the applicant submitting such plans or other data to demonstrate that applicable law or licensing does not require that the plans be prepared and designed by a licensed engineer or architect.

EXCEPTION: The building inspector may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans, soil tests, specifications and other data is not necessary to obtain compliance with the code.

(3)    Architect or Engineer of Record.

(a)    General. When it is required that documents be prepared by an architect or engineer, the building inspector may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record.

If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building inspector shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.

The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.

(b)    Deferred Submittal. For the purposes of this section, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the building inspector within a specified period.

Deferral of any submittal items shall have prior approval of the building inspector. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the building inspector.

Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the building inspector with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building inspector.

(c)    Inspection and Observation Program. When special inspection is required, the architect or engineer of record shall prepare an inspection program which shall be submitted to the building inspector for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and the name or names of the individuals or firms who are to perform the special inspections, and indicate the duties of the special inspectors.

The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any person responsible for the work.

When structural observation is required, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.

The inspection program shall include samples of inspection reports and provide time limits for submission of reports.

(D)    Permits Issuance.

(1)    Issuance. The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the building inspector. Such plans may be reviewed by other departments of tribal jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the building inspector finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified in Section 21-3-7 have been paid, the building inspector shall issue a permit therefore to the applicant.

When the building inspector issues the permit where plans are required, the building inspector shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorization from the building inspector, and all work regulated by this code shall be done in accordance with the approved plans.

The building inspector may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of a partial permit may proceed without assurance that the permit for the entire building or structure will be granted.

(2)    Retention of Plans. For public, commercial and industrial buildings the following shall apply: One set of approved plans, specifications and computations shall be retained by the building inspector for a period of not less than 90 days from date of completion of the work covered therein; and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building work at all times during which the work authorized thereby is in progress.

(3)    Validity of Permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

The issuance of a permit based on plans, specifications and other data shall not prevent the building inspector from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder, when in violation of this code or of any other ordinance of this jurisdiction.

(4)    Expiration. Every permit issued by the building inspector under provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days.

Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons.

The building inspector may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.

(5)    Suspension or Revocation. The building inspector may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinances or regulation or any of the provisions of this code.

21-3-7 Fees.

(A)    General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by this jurisdiction.

(B)    Permit Fees. The fee for each permit shall set forth in Table 1.

The determination of value or valuation under any of the provisions of this code shall be made by the building inspector. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other pertinent equipment.

TABLE 1

PERMIT FEES

TOTAL VALUATION	FEES
$1 TO $500	$15
$501 TO $2,000	$15 for the first $500 plus $0.50 for each additional $100 or fraction thereof, to and including $2,000.
$2,001 to $25,000	$22.50 for the first $2,000 plus $2.00 for each $1,000 or fraction thereof, to and including $25,000.
$25,001 to $50,000	$68.50 for the first $25,000 plus $1.75 for each $1,000 or fraction thereof, to and including $50,000.
$50,001 to $100,000	$112.25 for the first $50,000 plus $1.50 for each $1,000 or fraction thereof, to and including $100,000.
$100,001 to $500,000	$187.25 for the first $100,000 plus $1.25 for each $1,000 or fraction thereof, to and including $500,000
$500,000 to $1,000,000	$687.25 for the first $500,000 plus $1.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.
$1,000,000 and up	$1,187.25 for the first $1,000,000 plus $0.50 for each additional $1,000 or fraction thereof.
Other Inspections and Fees:
1. Inspections outside of normal business hours (minimum charge-two hours)		$30.00 per hour
For use of outside consultants for plan checking and inspection, or both		Actual Costs
(Actual costs include administrative and overhead costs.)

(C)    Plan Review Fees. For pubic, commercial and industrial buildings the following shall apply: When submittal documents are required by Section 21-3-6(C)(2), a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit as shown in Table 1.

The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 21-3-7(B) and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 21-3-6(C), an additional plan review fee shall be charged at the rate shown in Table 1.

(D)    Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building inspector. The building inspector may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(E)    Investigation Fees: Work Without a Permit.

(1)    Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

(2)    Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Table 1. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

(F)    Fee Refunds. The building inspector may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The building inspector may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The building inspector may authorize refunding of not more than 80 percent of the plan review fee paid when no work has been done under a permit issued in accordance with this code or an application for permit is withdrawn or canceled before any plan reviewing is done.

The building inspector shall not authorize refunding of any fee paid except on a written application filed by the original permittee not later than 180 days after the date of fee payment.

21-3-8 Inspection.

(A)    General. All construction or work for which a permit is required shall be subject to inspection by the building inspector and all such construction or work shall remain accessible and exposed for inspection purposes unit approved by the building inspector. In addition, certain types of construction shall have continuous inspection as specified in Section 1701.5.

Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other laws of this jurisdiction shall not be valid.

It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building inspector nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspections.

A survey of the lot may be required by the building inspector to verify that the structure is located in accordance with the approval plans.

(B)    Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder shall have posted an inspection record card such as to allow the building inspector to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained by the official.

(C)    Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the building inspector that such work is ready for inspection. The building inspector may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone.

It shall be the duty of the person requesting any inspections required by this code to provide access to and means from inspection of such work.

(D)    Approval of work. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building inspector. The building inspector, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building inspector.

There shall be a final inspection and approval of all building and structures when completed and ready for occupancy and use.

(E)    Required Inspections.

(1)    General. Reinforcing steel or structural framework of any part of building or structure shall not be covered or concealed without first obtaining the approval of the building inspector. The building inspector, upon notification, shall make the inspections set forth in the following subsections.

(2)    Foundation Inspection. To be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with U.B.C. Standard 19-3, the concrete need not be on the job. Where foundation is to be constructed of approved treated wood, additional inspections may be required by the building inspector.

(3)    Concrete Slab or Under-Floor Inspection. To be made after all in-slab or under floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including sub-floor.

(4)    Frame Inspection. To be made after the roof, all framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes and ducts are approved.

(5)    Lath and Gypsum Board Inspection. To be made after all lathing, and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished.

(F)    Other Inspections. In addition to the called inspections specified above, the building inspector may make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency.

(G)    Modulac. Certified modular construction is exempt from Section 21-3-8(E)(4), 21-3-8(E)(5), and other field inspections not practical under modular construction practices.

(H)    Manufactured. Certified manufactured home construction is exempt from Sections 21-3-8(E)(4), 21-3-8(E)(5), and other field inspections not practical under manufactured home constructions practices.

21-3-9 Certificate of Occupancy.

(A)    Certificate of Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building inspector has issued a certificate of occupancy thereof as provided herein.

EXCEPTION: Group R, Division 3 and Group M Occupancies.

Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

(B)    Change in Use. Changes in the character or use of a building shall not be made except as specified in Section 3405 of this code.

(C)    Certificate Issued. After the building inspector inspects the building or structure and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, the building inspector shall issue a certificate of occupancy which shall contain the following:

(1)    The building permit number.

(2)    The address of the building.

(3)    The name and address of the owner.

(4)    A description of that portion of the building for which the certificate is issued.

(5)    A statement that the described portion of the building has been inspected for compliance with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified.

(6)    The name of the building inspector.

(D)    Temporary Certificate. If the building inspector finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure.

(E)    Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building inspector.

(F)    Revocation. The building inspector may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

(Enacted by PBP TC No. 2000-24, February 1, 2000; amended by PBP TC No. 2000-69, April 4, 2000; amended by PBP TC No. 2005-024, March 3, 2005.)