144-36

Certificates of Occupancy for Developments or Enlargements in Public Access Areas

No temporary certificate of occupancy shall be issued by the Department of Buildings or Department of Small Business Services for floor area in a development or enlargement resulting in a public access area requirement under Section 144-31 (Required Public Access Areas) without the substantial completion of the public access area required for such development or enlargement, and no final certificate of occupancy shall be issued prior to the final completion of the required public access area.

Notwithstanding the provisions above, the Department of Buildings or the Department of Small Business Services, as applicable, may issue a temporary certificate of occupancy allowing for floor area allocated to uses in Use Groups 11, 16, 17, or 18 without the substantial completion of the required public access area, in which case the public access area shall be completed within one year of the issuance of the first such certificate of occupancy. Following such one-year period, no additional floor area within the development or enlargement shall receive a certificate of occupancy until the substantial completion of the required public access area.

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