San Jose Municipal Code Part 6 Certificate of Occupancy

A. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the building official has issued a certificate of occupancy therefor as provided herein.

B. Exception: The following occupancies shall not require a certificate of occupancy:

1. Group R, Division 3,

2. Group U Occupancies.

C. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this title or of other city ordinances.

D. Certificates presuming to give authority to violate or cancel the provisions of this title or of other city ordinances shall not be valid.

(Ord. 28166.)

Changes in the character or use of a building shall not be made except as specified in the Building Code.

(Ord. 28166.)

After the building official inspects the building or structure and finds no violations of the provisions of this title or other laws, the building official shall issue a certificate of occupancy which shall contain the following:

A. The building permit number.

B. The address of the building.

C. The name and address of the owner.

D. A description of that portion of the building for which the certificate is issued.

E. A statement that the described portion of the building has been inspected for compliance with the requirements of this title for the group 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 provision of CBC Chapter 3.

I. The type of construction as defined in CBC Chapter 6.

J. If an automatic sprinkler system is provided.

(Ords. 28166, 29334, 30326.)

A. If the building official finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, a temporary certificate of occupancy for the use of a portion or portions of a building or structure may be issued prior to the completion of the entire building or structure.

B. Applicant shall pay required fees prior to issuance of temporary certificate of occupancy.

(Ords. 28166, 30326.)

The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official.

(Ord. 28166.)

The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this title when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure or portion thereof is in violation of an ordinance, regulation or the provisions of this title.

(Ord. 28166.)