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MINUTES OF THE BOARD OF APPEALS MEETING <br /> HELD JUNE 25, 1997 <br /> - The building permit included in Document#6lists 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 docuxnents 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 />