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SECTION 1.02.05: Inspection ad Certificates of Occupancy

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(a) Inspection. The duly licensed architect or engineer engaged by the owner to undertake inspection and detailed supervision of the construction shall periodically certify that the construction conforms to the plans and specifications submitted in the application for a building permit. Upon submission of such periodic certifications during the progress of construction, the Building Official shall periodically issue the required authority to continue with the subsequent phases of construction, without prejudice to his right to conduct on his own initiative any inspection of the said construction. Upon completion of the construction, the said duly licensed architect or engineer shall submit to the Building Official the final certification that the building conforms to the provisions of the Code and with the detailed plans and specifications submitted.

(b) Certificates of Occupancy. The proper Certificate of Occupancy shall be issued to the applicant within seven (7) days from completion of the requirements for inspection and occupancy and payment of any and all fees therefor, unless the building Official or his Deputy issuing the Certificate shall show cause in writing why the Certificate should not be issued and shall indicate thereon the particular provisions of the Code violated or the particular requirements not complied with. Within fifteen (15) days from receipt by the applicant of the advice from Building Official or his Deputy authorized to issue the certificate why the certificate should not be issued, or why the certificate is suspended or revoked, the applicant may appeal the non-issuance, suspension, or revocation thereof, to the Mayor of the chartered city or municipality, or the Governor of the province where the building for which the certificate is being applied for is located. Said appeal shall be decided within fifteen (15) days from receipts thereof, otherwise, the applicant may bring the matter to the proper Court of Justice for final disposition. The building may be occupied only upon issuance of the Certificate of Occupancy. chan robles virtual law library

SECTION 1.02.06: Violations of This Code Covering Designs, Materials, Methods of Construction, and Workmanship

(a) In all cases of violation of this Code covering design, materials, methods of construction, and workmanship, the Building Official shall observe the following procedure in ordering the alteration to conform to this Code or demolition of the building or portion thereof:

(1) Where the building is in the process of construction, the construction of the portion or portions in violation of this Code shall be stopped until the same shall have been altered to conform to this Code, unless such partial violation will impair the stability and safety of the whole or part of the structure, in which case, the whole construction shall be stopped.

(2) Where a building or portion thereof has been constructed, the following procedure shall be observed:
(2.1) In case it can be reasonably altered to conform to the requirements of this Code, it shall be altered accordingly;

(2.2) In case the lateration will cost more than 50 per cent of the current construction cost of the building, it shall be altered to conform to this Code or demolished at the option of the owner;

(2.3) In case the building or portion thereof poses an immediate danger to life, limb, or property, the same shall be vacated immediately, then altered to conform to the requirements of this Code or demolished in accordance with subparagraphs (1) and (2) herein.
(3) If the owner, after receipts of the order of alteration or demolition fails to comply with such order within a period of one year, said construction shall be declared a nuisance and be abated in accordance with the provisions of Article 699 of the Civil Code of the Philippines.

(b) This Code shall not be construed to deprive any person the right to avail himself of any and all judicial proceedings or remedies available under existing laws.

(c) Nothing in this Chapter is intended to diminish the powers vested in the different Boards of Examiners of the various architectural and engineering professions as provided for in existence laws regulating the practice of architecture and engineering, nor to restrict the designing engineering or architect in the exercise of his professional discretion within the basic minimum standards and requirements embodied in Section 1.01.02 of this Code.

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