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cities require a certificate of occupancy every time a commercial/industrial building <br />changes occupants, based upon a requirement under Chapter 1 of the Uniform Building <br />Code (UBC), which states that “No building shall be used or occupied...until the building <br />official has issued a certificate of occupancy..." One could argue that this only pertains to <br />NEW construction, so cities such as Blaine took a more proactive approach and added <br />the following language to it’s city code: <br /> <br />Certificate of Occupancy Required <br /> <br />A certificate of occupancy shall be required whenever: <br />1. Any structure is erected or moved. <br />2. Any portion of any existing industrial or commercial structure is structurally <br />altered or remodeled <br />3. Any existing industrial or commercial structure changes occupancy <br />classification or is occupied by a new tenant or owner. <br /> <br />No structure or portion of a structure shall be occupied prior to obtaining a <br />certificate of occupancy. <br /> <br />All certificates of occupancy shall be applied for prior to occupying the building or <br />structure. Said certificates shall be issued within 5 days after the erection, moving <br />or alternation shall have been finally approved. <br /> <br /> <br />While there may be some tweaking of this language, it is clear and concise and would be <br />added under Section 1006.04 entitled “Occupancy of Building.” <br /> <br />The only real issue with this change is that it would take some time and effort to ensure <br />that each and every business was aware of the change in occupancy provisions. The <br />larger owners and property managers (Mounds View Square, Silver View Plaza, Mounds <br />View Business Park, etc.) would be asked to communicate this to their existing <br />businesses and to any prospective businesses they may lease space to in the future. <br /> <br />Recommendation: <br /> <br />If the Council is in agreement, staff will prepare an ordinance with the above language (or <br />something reasonably similar) for first and second reading at your April 8th and 22nd <br />meetings. <br /> <br /> <br />_____________________________________ <br />James Ericson <br />Community Development Director <br />763-717-4021 <br /> <br />C:\WINNT\Profiles\Jime\Favorites\City Council Stuff\Misc Reports\Change in Occupancy Report - April 1, 2002.doc