CERTIFICATE OF OCCUPANCY.

Madison General Ordinances § 29.11

in effect

29.11 - CERTIFICATE OF OCCUPANCY. (1) New Buildings. No building hereafter erected except as provided herein shall be used or occupied in whole or in part until the certificate of use and occupancy shall have been issued by the Director of the Building Inspection Division. Accessory buildings used with single and two-family dwellings, such as tool sheds, storage shelters, and garages not more than one (1) story in height are hereby exempted. (2) Buildings Altered. No building hereafter enlarged, extended, or altered to change from one use to another, in whole or in part, and no building hereafter altered for which a certificate of use and occupancy has not been issued heretofore, shall be occupied or used until the certificate shall have been issued by the Director of the Building Inspection Division certifying that the work has been completed in accordance with the provisions of the approved permit. (3) Existing Buildings. Upon written request from the owner of an existing building, the Director of the Building Inspection Division shall issue a certificate of use and occupancy provided there are no violations of law or orders of the building official pending and it is established that the alleged use of the building has heretofore existed. Nothing in the code shall require the removal, alterations, or abandonment of or prevent the continuance of the use and occupancy of a lawfully existing building unless such use is deemed to endanger public safety and welfare. (4) No certificate of use and occupancy shall be issued by the Director of the Building Inspection Division unless the Director has certified that the building, enlargement, extension, or alteration fully complies with the accessibility requirements of Wis. Stat. § 101.13, Wis. Admin. Code ch. SPS 362, and any other applicable administrative rules. (5) Partial Occupancy. Upon the request of the holder of a building permit, the Director of the Building Inspection Division may issue a partial certificate of occupancy for part of a building or structure, before the entire work covered by the building permit shall have been completed provided such portion or portions may be occupied safely prior to full completion of the building without endangering life or public welfare. No such partial certificate of occupancy may be issued prior to full compliance with those provisions of Wis. Stat. § 101.13 and Wis. Admin. Code ch. SPS 362 which affect health and safety or prior to full completion of accessible routes to, into, and through the building or structure. (6) Mobile Homes. No mobile home shall be occupied until such home has been inspected for proper connection of all utilities, electrical, heating and plumbing, and be approved by the Director of the Building Inspection Division. The Certificate of Occupancy fee shall include fees for one inspection by building, electrical, heating and plumbing inspectors. (7) Compliance Statement. Prior to initial occupancy of a new building or addition, and prior to final occupancy of an alteration of an existing building, the supervising architect, engineer or designer shall file a written statement with the Department certifying that, to the best of their knowledge and belief, construction of the portion to be occupied has been performed in substantial compliance with the approved plans and specifications. This statement shall be provided on a form prescribed by the City of Madison. (Rpld. and Recreated by ORD-21-00024, 3-26-21)

Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH29BUCO_GEADPR_29.11CEOCFetched: 11/1/2026