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<br />110.1.2. Before utility service to a non-residential building is initiated for a new owner, <br />occupant or tenant, the owner, occupant or tenant shall apply for and obtain a new certificate <br />of occupancy from the building inspection division. <br /> <br />110.1.3 It is unlawful for a builder, building contractor, or building owner to allow any person <br />to occupy a building until a certificate of occupancy is issued. <br /> <br />111 is amended by adding the following: <br /> <br />111.1.1 It is unlawful for a building owner or occupant to institute utility service to any non- <br />residential structure or transfer utility service from one account holder to another occupant or <br />tenant until the utility service provider has received a utility release from the building <br />inspections department based upon the issuance of a certificate of occupancy for the structure, <br />occupancy or use. <br /> <br />112 is deleted and replaced with the following: <br /> <br />Construction Board of Appeals <br /> <br />112.1 General. There is hereby established a board to be called the construction board of <br />appeals, which is appointed by the city council. <br /> <br />112.2 Membership. The board consists of five regular members and two alternate members. <br />The five regular members are composed of one master plumber, one master IN AC contractor, <br />one general contractor, one residential contractor, and one member from the general public. <br />The two alternate members may come from any of the above-mentioned categories. The <br />alternate members will serve in the absence of one or more regular members. <br /> <br />112.3 Terms of Office. The terms of office of the regular and alternate board members are for <br />three-years, and are staggered so no more then 1/3 of the board is appointed in any 12-month <br />period. If a regular member resigns prior to the end of his or her appointed term of office, the <br />vacancy will be filled by the alternate who has served the longest, and a new alternate member <br />will be appointed by the council. <br /> <br />112.4 Quorum and Voting. Five members are required for a quorum. In varying any provision <br />of this code or in modifying a decision of the building official, not less than four affirmative <br />votes are required. <br /> <br />112.5 Appeals. The board will hear appeals and render decisions upon interpretations and <br />rulings by the building official when allowed by this chapter. In deciding an appeal, the board <br />will determine if the ruling or interpretation is in accordance with the intent and purposes of <br />this chapter and any pertinent adopted code. If the board determines that the ruling or <br />interpretation is not correct, the building official will not enforce or implement it. If the board <br />determines that the ruling or interpretation is valid, the applicant or permit holder shall either <br />comply with the ruling or interpretation and remove or remedy all affected work, or request a <br />variance from the board. <br /> <br />7 <br />