Section R110, CERTIFICATE OF OCCUPANCY, is hereby deleted in its entirety and the following provisions shall be substituted therefor:

PERMIT COMPLETION

R110.1 Use and occupancy.

(a) No building or structure shall be used or occupied until all applicable mechanical, plumbing, electrical and building “final inspections” have been completed and passed. It shall be the duty of the permit holder to request all required inspections and to complete the permit by passing the final inspection prior to occupancy or use of the building. No change in the existing occupancy classification of a building or structure or portion thereof shall be made until all required inspections and permits have been completed and approved by the building official. Completion of a permit shall not be construed as an approval of a violation of the provisions of this code or of other ordinances.

(b) Notwithstanding subsection (a) and absent a waiver pursuant to subsection (c), a final inspection shall not be completed and passed unless driveway approaches have been installed and sidewalks constructed along all adjoining rights-of-way of the subject lot or all lots or portions thereof joined to it or are the subject of a contract as part of a benefit district created pursuant to K.S.A. 12-6a01 et seq. or Title 18 of the Topeka Municipal Code.

(c) The director of public works or designee may waive the requirement in subsection (b) if any of the following conditions applies:

(1) Plats approved prior to January 1, 2001, where more than 50% of the lots have been developed, but less than 50% of the completed homes on that block and side of the street have sidewalks in a subdivision.

(2) The sidewalk is the subject of a waiver granted in conjunction with approval of the subdivision plat.

(3) Unique circumstances exist where the public works director or designee determine that the subject sidewalk link would not be part of a viable sidewalk system in that community or conditions exist whereby construction of the sidewalk is impractical.

(4) The home is located on a corner lot or double-frontage lot and the sidewalk link along one of the lot’s two frontages meets one of the waiver criteria in subsection (c).

(5) Weather conditions prevented installation of the driveway approaches or construction of the sidewalks. However, in such event, the property owner shall install driveway approaches and construct sidewalks within 90 days from the date of the final inspection.

R110.2 Change in use. Changes in the character or use of an existing structure shall not be made except as specified in Chapters 10 and 12 of the International Existing Building Code.

R110.3 Temporary occupancy. The building official is authorized to allow use and/or occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official may upon the request of the permit holder set a time period during which the temporary use and/or occupancy is valid. The conditions of temporary use and/or occupancy and specified time period shall be in writing. The permit holder is responsible for permit completion per R110.1.

R110.4 Revocation. The building official may, in writing, suspend or revoke use and/or occupancy allowed under the provisions of this code, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.