Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

34 Pa. Code § 403.46. Certificate of occupancy.

§ 403.46. Certificate of occupancy.

 (a)  A building, structure or facility may not be used or occupied without a certificate of occupancy issued by a building code official.

 (b)  A building code official shall issue a certificate of occupancy within 5 business days after receipt of a final inspection report that indicates compliance with the Uniform Construction Code. The certificate of occupancy shall contain the following information:

   (1)  The permit number and address of the building, structure or facility.

   (2)  The permit holder’s name and address.

   (3)  A description of the portion of the building, structure or facility covered by the occupancy permit.

   (4)  The name of the building code official who issued the occupancy permit.

   (5)  The applicable construction code edition applicable to the occupancy permit.

   (6)  The use and occupancy classification under Chapter 3 (Use and Occupancy Classification) of the ‘‘International Building Code of 2018,’’ when designated.

   (7)  The type of construction defined in Chapter 6 (Types of Construction) of the ‘‘International Building Code of 2018,’’ when designated.

   (8)  Special stipulations and conditions relating to the permit and board of appeals’ decisions and variances for accessibility requirements granted by the Secretary.

   (9)  The date of the final inspection.

 (c)  A building code official may issue a certificate of occupancy for a portion of a building, structure or facility if the portion independently meets the Uniform Construction Code.

 (d)  A building code official may suspend or revoke a certificate of occupancy when the certificate was issued in error, on the basis of incorrect information supplied by the permit applicant or in violation of the Uniform Construction Code. Before a certificate of occupancy is revoked, a building owner may request a hearing before the board of appeals under §  403.122 (relating to appeals, variances and extensions of time).

 (e)  A building code official may issue a temporary certificate of occupancy for a portion or portions of the building or structure before the completion of the entire work covered by the permit if the portion or portions may be occupied safely. The building code official shall set a time period during which the temporary certificate of occupancy is valid.

Authority

   The provisions of this §  403.46 amended under section 304(a)(1) and (2) of the Pennsylvania Construction Code Act (35 P.S. §  7210.304(a)(1) and (2)).

Source

   The provisions of this §  403.46 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971. Immediately preceding text appears at serial pages (393792) to (393793).

Cross References

   This section cited in 34 Pa. Code §  403.102 (relating to municipalities electing to enforce the Uniform Construction Code).



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