Modesto Municipal Code Art. 9 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 Official has issued a certificate of occupancy therefor as provided herein. 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 local, state or federal law.

(Ord. 3465-C.S., § 1, effective 1-3-08)

After the Building Official inspects the building or structure and finds no violations of the provisions of this Code or other laws that are enforced by the Building Safety Division, the Building Official may issue a Certificate of Occupancy that contains the following:

(a) The building permit number.

(b) The address of the structure.

(c) The name and address of the owner.

(d) A description of that portion of the structure for which the certificate is issued.

(e) A statement that the described portion of the structure has been inspected for compliance with the requirements of this Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

(f) The name of the Building Official.

(g) The edition of the code under which the permit was issued.

(h) The use and occupancy in accordance with the provisions of Chapter 3 of the California Building Code.

(i) The type of construction as defined in Chapter 6 of the California Building Code.

(j) The design occupant load.

(k) If an automatic sprinkler system is provided, whether the sprinkler system is required.

(l) Any special stipulations and conditions of the building permit.

(Ord. 3465-C.S., § 1, effective 1-3-08)

If any building or structure, including Groups R3 or U occupancy, is to be occupied with the approval of the Building Official prior to the final inspection and/or final corrections, the occupant, owner, and contractor shall sign a Temporary Certificate of Occupancy prior to occupying the building agreeing to make all corrections required and/or listed within thirty (30) calendar days of occupancy. If corrections are not completed within thirty (30) calendar days, the Building Official shall have the authority to request the immediate discontinuance of the electrical service and/or the gas service by the appropriate utility and may file a notice of noncompliance with the County Recorder. The notice of noncompliance shall be removed by the Building Official only after all items requiring correction are completed.

(Ord. 3465-C.S., § 1, effective 1-3-08)

Plumbing, mechanical, and electrical systems or equipment that are part of any building or structure undergoing a change in use or occupancy, as defined in this Code, shall comply to all requirements of this Code that may be applicable to the new use or occupancy.

(Ord. 3465-C.S., § 1, effective 1-3-08)

The Building Official is authorized to, in writing, suspend or revoke a Certificate of Occupancy or completion issued under the provisions of this Code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any law, ordinance or regulation or any of the provisions of this Code.

(Ord. 3465-C.S., § 1, effective 1-3-08)

Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the Building Official 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 Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this Code.

(Ord. 3465-C.S., § 1, effective 1-3-08)