(a) If no inspection is conducted, or if, upon inspection of the premises for which an occupancy permit has been requested, it is determined that the same is in compliance with such codes, ordinances and regulations noted in Section 1319.03 or Section 1319.035, the Commissioner of Buildings shall collect the required fee and issue an occupancy permit.
(b) If, upon inspection it is determined that the premises for which an occupancy permit has been requested is in substantial compliance with such codes and ordinances, the Commissioner may at his discretion issue a qualified occupancy permit, subject to the correction of minor violations within a specified period of time. Such qualified permit shall be issued only upon completion of an agreement signed by the owner or his agent or a prospective occupant, specifying a time period for completion of such corrections, which period has been approved by the Commissioner of Buildings. Failure to complete within the agreed time period shall void such qualified permit. No qualified permit shall be issued where corrections required as a result of a prior change of occupancy have not been completed.
(c) Where extensive violations are found, or where conditions exist which are determined to be a hazard to the health, safety or welfare of the occupants of a dwelling structure, the Commissioner of Buildings shall refuse to issue an occupancy permit. Such refusal shall be in writing, and shall list the corrective measures required and the time limit for correction. No change of occupancy shall take place until such corrections have been made and approved and an occupancy permit has been issued. Where there is noncompliance with a written notice, or in case of an emergency situation, the Commissioner of Buildings shall proceed in the manner prescribed by this Building Code.
(d) All occupancy permits shall be issued in the name of the owner of record as of the date of issuance, but shall be effective as to subsequent owners where no change of occupancy occurs, and no alterations or additions are contemplated under the new occupancy.
(e) An occupancy permit shall become void under any of the following circumstances:
(1) If any false statement has been made by the applicant for a permit issued.
(2) For noncompliance of a structure or its use with the requirements of this Code or other applicable codes, ordinances or regulations.
(3) For refusal or failure of the owner, agent or person in charge of a dwelling structure to comply with the provisions of this Code, a written order of the Commissioner issued pursuant to such provisions, or for failure to comply with a written agreement made pursuant to the issuance of a qualified occupancy permit.
(4) A change in the occupancy, tenancy or use of a residential building or part thereof covered by an occupancy permit except as provided otherwise in Section 1319.01 herein.
(5) Five (5) years after the date of issuance, where the occupancy permit was issued for a rental dwelling unit.
(Ord. 4001. Passed 2-20-19.)