The opinion
Concubbing Opinion by
Me. Justice Bell:
This was an action of mandamus against Commissioners of Springfield Township to compel them to *53 cause to be issued to plaintiffs a certificate of occupancy under the pertinent building code. The Commissioners defended on the ground that this was nothing more than an alleged violation of a zoning ordinance for which a permit was being sought and consequently under Jacobs v. Fetzer, 381 Pa. 262 , 112 A. 2d 356 , mandamus is not an available remedy. The building code and the zoning ordinance appear to be, in some respects, overlapping.
I believe the issue can be limited to an interpretation of the building .code and that therefore mandamus will lie: Travis v. Teter, 370 Pa. 326, 330, 331 , 87 A. 2d 177 ; Garratt v. Philadelphia, 387 Pa. 442, 448 , 127 A. 2d 738 . For these reasons I concur in the Court’s affirmance of the judgment of the lower Court;