Revoking a Certificate of Occupancy
Revoking a certificate of occupancy can be an important means of obtaining compliance. A strip club in Maine had its certificate of occupancy revoked recently. The Portland Press Herald said that the revocation occurred because
“of an inadequate sprinkler system and other violations.”
Prior to a certificate of occupancy being revoked, the owner/occupant is entitled to due process which means a hearing with the opportunity to be heard and a chance to present witnesses. This process is usually used after other less dramatic attempts at gaining compliance have failed, or if the danger to the public is substantial. In the guide books I have written, the Building Official and Inspector’s Guide to Codes, Forms and Complaints, the Fire Code Inspector’s Guide to Codes Forms and Complaints and the Residential Inspector’s Guide to Codes, Forms and Complaints, I have the necessary notices and appeal forms that fulfill the requirements of the model codes. It is important to follow the required steps to protect the local jurisdiction from liability.
