(A) Use and 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 and Safety Manager has issued a certificate of occupancy or other form of authorization therefore as provided herein. Issuance of a certificate of occupancy, or other form of authorization, shall not be construed as an approval of a violation of the provisions of this chapter, the Technical Codes, or other ordinances of the jurisdiction.
(B) Certificate types and processes.
(1) (a) Certificate of occupancy. Provided for new commercial projects, tenant improvements and change in use (not including shell building construction) once construction is substantially complete and in compliance with applicable Technical Codes, ordinances. The Division of Building Safety and Inspection cannot issue a certificate of occupancy until approval or authorization has been communicated to the Division from the following, as applicable to the project:
1. Division of Planning and Zoning- Planner: compliance of site, exterior elevations, signage and landscaping with approved plans;
2. Division of Planning and Zoning- Development Services Engineer: as-built site engineering, compliance with all on-site improvements;
3. Department of Public Works- Inspector: final approval of all offsite improvements;
4. Department of Public Works- City Engineer: receipt and approval of final elevation certificate for work occurring in the floodplain.
5. Superstition Fire and Medical District- Fire Marshal: compliance with approved fire plans, sprinkler plans, fire alarm plans and required testing. This includes but is not limited to, fire safety plans and emergency preparedness, fire service features and access, and fire protection systems; automatic sprinkler systems, standpipe systems, fire alarm/detection systems, and smoke control systems.
6. Superstition Mountains Communities Facilities District No. 1: final inspection, sewer connection approval and start of service; and
7. Apache Junction Water District/Arizona Water Company: final inspection, water connection approval and start of service (domestic and fire).
(b) After the Division of Building Safety and Inspection has confirmed approval by all required divisions and agencies, and has completed a final inspection with no outstanding issues, a certificate of occupancy will be issued. The certificate of occupancy will contain the following:
1. The building permit number.
2. The address of the structure and the parcel number.
3. A description of the portion of the structure for which the certificate is issued.
4. A statement that the described portion of the structure has been inspected for compliance with the requirements of this chapter and the Technical Codes for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
5. The name and signature of the Building and Safety Manager or designee.
6. The edition of the codes under which the permit was issued.
7. The occupancy, in accordance with the provisions of this chapter.
8. The type of construction as defined in this chapter.
9. The design occupant load.
10. If an automatic fire suppression system is provided.
11. Any special stipulations and conditions of the building permit.
(c) The original of the certificate of occupancy issued at time of approval is included in the cost of the permit. Additional duplicate copies or replacement copies shall be provided for a fee as established in Vol. I, Chapter 4: Fees, Article 4-4: Development Services Fees. The Building and Safety Manager may require an inspection of an existing building prior to issuing a duplicate certificate of occupancy for any building more than 1 year after the issuance of the original certificate of occupancy.
(d) A certificate of occupancy shall be provided for a partial occupancy approval by the Building and Safety Manager when requested by the permit holder. Such certificate shall clearly identify the portion or portions of the building that are approved for final occupancy. There shall be no additional fee for a partial certificate of occupancy for the occupancy of a tenant space in a shell building issued at the completion of the tenant improvement permit.
(2) Certificate of completion commercial. Provided for commercial shell buildings once construction of the shell is substantially complete per approved plans and in compliance with applicable codes, ordinances, and the like. Such certificate of completion certifies that the work to be performed under the permit has been satisfactorily completed. The certificate of completion does not authorize the occupancy of an incomplete shell, building or structure. The certificate of completion shall contain 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 the permitted work for which the certificate is issued.
(e) A statement that the permitted work has been inspected for compliance with the requirements of this chapter and the Technical Codes.
(f) The name and signature of the Building and Safety Manager or designee.
(g) The edition of the code under which the permit was issued.
(h) Any special stipulations and conditions of the permit.
(3) Certificate of completion residential. Provided for 1-and 2-family residential homes and townhomes after a final inspection determines construction is substantially complete and in compliance with permitted plans, applicable codes, ordinances, and the like.
(4) Certificate of installation. When requested a certificate of completion can be issued for the installation of a manufactured home after a final inspection has found all installation and code requirements have been met including, skirting, landings, exterior stairs, grading, and the like.
(C) Temporary certificate of occupancy. The Building and Safety Manager is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely and approval or authorization for temporary occupancy has been communicated to the Division from other agencies as noted in division (B)(1) above. The Building and Safety Manager shall set the time period during which the temporary certificate of occupancy is valid and the conditions, if any, for such temporary occupancy. A temporary certificate of occupancy can be issued for up to 30 calendar days and can only be renewed 2 times at 30 calendar days per renewal period. Any use of a partially constructed building or structure, except for construction purposes, shall constitute occupancy that requires prior approval of the Building and Safety Manager. Each such subsequent use shall require separate approvals.
(D) Revocation. The Building and Safety Manager is authorized to suspend or revoke, in writing, a certificate of occupancy, certificate of completion, or temporary certificate of occupancy issued under the provisions of this chapter wherever such certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this chapter or the Technical Codes.
(E) Posting. The certificate of occupancy or temporary certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building and Safety Manager.
(Ord. 1478, passed 6-19-2019)