The building official shall be designated by the mayor and the duties shall be as follows:

(a)

Is authorized and empowered on behalf and in the name of the city council to administer and enforce the provisions of this Ordinance to include receiving applications, inspecting premises, and issuing certificates of occupancy for uses and structures which are in conformance with the provisions as outlined herein.

(b)

Does not have the authority to take final action on applications, matters involving variances, or other exceptions which this Ordinance has reserved for action by the board of zoning adjustment, the planning commission and/or the city council.

(c)

Shall keep records of all permits, the certificates of occupancy issued, maps, plats, and other documents with notations of all special conditions. He shall file and safely keep copies of all sketches and plans submitted. The same shall form a part of the records of his office and shall become public record.

(d)

Is authorized by Ordinance 2007-29, as amended from time to time, to administer the Flood Prevention Ordinance.

Permits and certificates shall be issued in accordance with the following provisions:

(a)

Building permits: It shall be unlawful to commence the excavation for or the construction of any building or other structure, including accessory structures, to store building materials or erect temporary field offices, to commence the moving, alteration, or repair of any structure, including accessory structures, until the building official has issued a building permit including a statement that the plans, specifications, and intended use of such structure in all respects conform with the provision of this Ordinance. Application for the building permit shall be made to the building official on the prescribed forms provided for that purpose.

(b)

Approval of building plans and issuance of building permits: It shall be unlawful for the building official to approve any building plans or issue a building permit for construction until he/she has reviewed the plans in detail and found them to be in conformity with this Ordinance.

To this end, the building official shall require every application for a building permit for construction, use of land, moving, or alteration be accompanied by a plan or plat drawn to scale and showing sufficient detail to enable the building official to ascertain whether the proposed construction, use of land, moving, or alteration is in conformance with this Ordinance. Such plan or plat shall include, as a minimum the following:

(1)

The actual shape, proportion, and dimension of the lot to be built upon.

(2)

The shape, size, location, and intended use of all buildings or other structures to be erected, altered, moved, or existing on the lot.

(3)

The existing and intended use of all such buildings or other structures.

If the proposed excavation, construction, moving, or alterations as set forth in the application are in conformity with the provisions as provided herein, the building official shall issue a building permit accordingly.

(c)

Disapproval of a building permit: If an application for a building permit is not approved, the building official shall state in writing the cause for such disapproval. Issuance of a building permit shall in no case be construed as waiving any provision nor of any legal liability for noncompliance with the provisions of this Ordinance on the part of the building, owner, or applicant.

(d)

Certificate of occupancy: No land, building, other structure or part thereof hereafter erected, moved or altered in its use shall be used until the building official shall have issued a certificate of occupancy stating such land, structure, or part thereof is found to be in conformity with the provisions of this Ordinance.

Within three (3) business days after the owner or his agent has notified the building official that a building, premises, or part thereof is ready for occupancy or use, it shall be the duty of the building official to make a final inspection thereof, and to issue a certificate of occupancy if the building, premises, or part thereof is found to be in conformance with the provisions of this Ordinance, or if such certificate is refused, the building official shall state the refusal in writing with the cause thereof.

Active permits previously issued shall not be affected by the provisions of this Ordinance, except as otherwise provided herein.

International Building Code of the City of Daphne was adopted by city ordinance number 2007-23.