Laserfiche WebLink
0 MINUTES OF THE BOARD OF APPEALS MEETING <br />HELD JUNE 25,1997 <br />The building permit included in Document #6 lists the UBC Occupancy as <br />an E. <br />Schneider stated the occupancy has been documented in these City records as E <br />occupancy. <br />4. THE SUPPORT OF OUR POSITION FROM ACTUAL UBC CODE <br />DOCUMENT #7 <br />Section 3401 states "Any change in the use or occupancy of any existing <br />building or structure shall comply with the provisions of Section 109 and <br />3405 of this code." Oman also refers to this code in his Agenda. <br />Section 3405 states "No change in the character of occupancy of a building <br />shall be made without a certificate of occupancy, as required in Section 109 <br />of this code." <br />Section 109 states "No building or structure shall be used or occupied, and <br />no change in the existing occupancy classification of a building or structure <br />or portion thereof shall be made until the building official has issued a <br />certificate of occupancy ... " Schneider noted no certificate of occupancy had <br />ever been issued. <br />Section 109.3 notes the building official has the authority to issue a <br />temporary certificate of occupancy stating "If the building official finds that <br />no substantial hazard will result from occupancy of any building or portion <br />thereof before the same is completed, a temporary certificate of occupancy <br />may be issued for the use of a portion or portions of a building or structure <br />prior to the completion of the entire building or structure. ". <br />Schneider stated that the fire escape had been attached and the exiting <br />requirements were met, although the handicap access was not completed. He <br />felt there was opportunity to issue a temporary certificate of occupancy. <br />In summary, Schneider stated the documents the City has on file support the E occupancy <br />classification, including the conditional use permits in 1994 and 1997 and the last building permit <br />issued 8/13/96. He added that facts show the building was used by children on a full -time basis. <br />Finally, the code supports his position since the building official is required to issue a certificate of <br />occupancy before a change in classification can occur. <br />•5 <br />