16.04.190   Section 111.1 Use and occupancy.
   Section 111.1 of Chapter 1 of the California Building Code is amended to read:
      111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing occupancy of a building or structure or portion thereof shall not be made, until the chief 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 ordinances of the jurisdiction.
      Exception: Certificates of occupancy are not required or issued for:
         1.   Work exempted from permits under Section 105.2
         2.   Group R - Division 2, 3 occupancies
         3.   Group U occupancies accessory to R3 and R2 occupancies
      111.1.1 Change of occupancy or tenancy. Each change of occupancy, official name or tenancy of any building, structure, or portion thereof, shall require a new certificate of occupancy, whether or not any alterations to the building are required by this code.
      Before any application for a new certificate of occupancy is accepted, a fee shall be paid by the applicant to cover the cost of the inspection of the building required by the change of occupancy or tenancy.
      When application is made for a new certificate of occupancy under this section, the building official and fire chief shall cause an inspection of the building to be made. The inspector(s) shall inform the applicant of those alterations necessary, or if none are necessary, and shall submit a report of compliance to the building official.
      If a portion of any building does not conform to the requirements of this code for a proposed occupancy, that portion shall be made to conform. The building official may issue a new certificate of occupancy without requiring compliance with all such requirements if it is determined that the change in occupancy or tenancy will result in no increased hazard to life or limb, health, property, or public welfare.
(Ord. 5564 § 1 (part), 2022)