When Do You Issue Certificates of Occupancy?

[jar546]

I am curious as to when you issue certificates of occupancy. For example,there are times where a home has a complete and total gut job and all new windows, doors, roof, interior electrical, plumbing and mechanical, and other than the frame and foundation, everything is new. That is one example for residential.
FYI, before anyone from Pennsylvania tells us that a permit would not be required for that, yeah, yeah, yeah. We know. That is not the point of the poll and discussion. This is about when you issue a Certificate of Occupancy.

If you have some answers other than what is posted in the poll, please say it in the comments. Make sure to take the poll and not just post your answer.

 

[Joe.B]

Technically, we only issue a "true" CO when someone asks for it, which is extremely rare. Probably around one or two percent of jobs.

Our inspection record card (last updated in the late 80's) has a note at the bottom:

"When properly signed, this card is a certificate of occupancy."

No idea how legit that is, but it's there. If you count that, then I could check every box in your poll.

 

[SCBO1]

I really feel uncomfortable about issuing a CoO on an existing building that I personally haven witnessed any inspections on. I've had contractor in the pass that say their contract states after they receive a CoO they get paid a certain percentage of the job and need it, so they sometimes back me into a corner a bit.

 

[Yikes]

There are many funders/lenders that require a Certificate of Occupancy (for new or additional building area) or a Certificate of Completion (for alterations where the building already has legal occupancy). A signed of and finaled building department inspection card is often insufficient. Before the funders release final payment and retentions, they want to know that there are no other other departments (fire, planning, public works for related street improvements) that will come back later and say there's still more work to be done.

I once had a small residential project that triggered a 13D fire sprinkler system according to locally adopted codes, and it was listed on the cover sheet of the plans as a deferred approval for design-build submittal to the fire department. I was not asked to provide construction admin or observations, because they were relying on their own construction manager.
Everyone on the construction side forgot about the sprinkler requirement. The city building inspector signed off on everything, and finaled the inspection card.
It would have been forgotten except that the funder insisted that the contractor obtain the C of O. This particular city required that the request be routed to all departments where the plans were previously routed during plan check. That's how the fire department caught the omission.

In my opinion, a really useful C of O (or C of C) will also contain this basic info:

• Area (in SF) per planning and per building code
• Construction Type
• Occupancy Type (If housing, in CA it states whether public housing or private housing.
• Required parking, and provided parking (including breakdowns by standard, compact, accessible, van accessible, EV spaces, etc.)
• Applicable code cycle
• Any associated discretionary approvals (CUPs, variances, etc.)

 

[jar546]

We issue a lot of Certificates of Completion for just about every permit as it closes out. The CO is only issued if you have a permit for some of the reasons above in the poll. No permit, no CO.

 

[jar546]

Technically, we only issue a "true" CO when someone asks for it, which is extremely rare. Probably around one or two percent of jobs.

Our inspection record card (last updated in the late 80's) has a note at the bottom:

"When properly signed, this card is a certificate of occupancy."

No idea how legit that is, but it's there. If you count that, then I could check every box in your poll.

Joe, maybe I’m not fully understanding your process, but it sounds like your jurisdiction doesn’t routinely issue a formal Certificate of Occupancy unless someone specifically requests one. If that’s the case, it seems to conflict with Section 111 of the California Building Code, which requires a CO to be issued by the building official before any structure can be occupied. I know local practices vary, but the code lays out pretty clearly what has to be included in a CO, and I’m not sure an inspection card, especially one last updated in the 1980's meets that threshold. Would appreciate any clarification if I’m missing something.

 

[Joe.B]

Joe, maybe I’m not fully understanding your process, but it sounds like your jurisdiction doesn’t routinely issue a formal Certificate of Occupancy unless someone specifically requests one. If that’s the case, it seems to conflict with Section 111 of the California Building Code, which requires a CO to be issued by the building official before any structure can be occupied. I know local practices vary, but the code lays out pretty clearly what has to be included in a CO, and I’m not sure an inspection card, especially one last updated in the 1980's meets that threshold. Would appreciate any clarification if I’m missing something.

You're not missing anything. I showed up late to this party and well, "that's how we do things round here." Not spoken outloud, but I swear I can hear "we've been doing it this way for 30 years" whenever I close my eyes...



I knew this was an issue so when we built our new software I created this as a document that is auto generated when we "complete" a project. I made sure that anyone can access this after completion, and I also made sure I can run a report to see how many have been issued. That's where the one to two percent number comes from. I still have my pdf template in case I need to make one manually.

 

[Yankee Chronicler]

There are many funders/lenders that require a Certificate of Occupancy (for new or additional building area) or a Certificate of Completion (for alterations where the building already has legal occupancy). A signed of and finaled building department inspection card is often insufficient. Before the funders release final payment and retentions, they want to know that there are no other other departments (fire, planning, public works for related street improvements) that will come back later and say there's still more work to be done.

I once had a small residential project that triggered a 13D fire sprinkler system according to locally adopted codes, and it was listed on the cover sheet of the plans as a deferred approval for design-build submittal to the fire department. I was not asked to provide construction admin or observations, because they were relying on their own construction manager.
Everyone on the construction side forgot about the sprinkler requirement. The city building inspector signed off on everything, and finaled the inspection card.
It would have been forgotten except that the funder insisted that the contractor obtain the C of O. This particular city required that the request be routed to all departments where the plans were previously routed during plan check. That's how the fire department caught the omission.

In my opinion, a really useful C of O (or C of C) will also contain this basic info:

• Area (in SF) per planning and per building code
• Construction Type
• Occupancy Type (If housing, in CA it states whether public housing or private housing.
• Required parking, and provided parking (including breakdowns by standard, compact, accessible, van accessible, EV spaces, etc.)
• Applicable code cycle
• Any associated discretionary approvals (CUPs, variances, etc.)

Other than the area approved by planning, the code seems to require all that, and more:



Getting building departments to do that, though, ain't easy. In my architect days, I went out to look at a factory that wanted to double the factory with an addition off the back. It was a pre-engineered metal building, about 35,000 sf of industrial space with a 10,000 to 15,000 foot office and showroom wing on the front.

The certificate of occupancy just said "Factory." No construction type. No mixed occupancy. No building area. Nothing about sprinklers. Just "Factory."

x

 

[Sifu]

I answered based on what I believe the code requires, not on what I see daily. In my experience each AHJ is wildly different, with most having little understanding of the importance of a C of O. Most seem to have no idea how the C of O works for the future, and absolutely no adherence to the items the code requires to be on a C of O.

IMO a C of O, with all the required information is the backstop for future renovations, and a baseline for the continued legal operation. If the C of O's were properly issued and properly revised, and properly displayed it would bring clarity to owners and building officials. One of the biggest problems I see and deal with are missing design occupant load, and missing construction type, which are the areas I believe are critical when alterations are made (assuming a C of O can even be found). The code under which the C of O was issued would also be very helpful, instead everyone appears to guess, which is vital when applying the IEBC, and trying to figure out if they met the code under which the project was originally permitted. VERY seldom do I see this presented by a DP, and when I do see it, it is often wrong....likely just a guess because they also couldn't find the information.

So often plans are approved with special conditions, but no documentation is ever required or provided. For example, if some sort of allowance is made to artificially reduce occupant load that needs to be documented, among other places, on the C of O. I also see a lot of confusion about construction type. So often I see an architect submit for plans on an existing building with a "proposed" construction type, often using the word "assumed" construction type. How can we proceed on an assumption? It should be easy, a C of O should be produced that tells us. I have researched many projects and found multiple C of O's over the life of a building with multiple different construction types. DP's and BO's aren't doing there jobs in this regard.

I require a code analysis for everything, partly because I suspect the C of O will either not be issued or will be issued with missing or incorrect information. I do this so everyone knows what I used to review the project. If there are special conditions, I prominently place those conditions on the plans, again, so the next people using those plans to know why something was either approved or not approved. All that SHOULD be on a C of O, but I can;t recall ever finding one with all the correct information.

Lastly, I think the C of O should be required to be displayed and produced by applicants for permitting. I often see the "first dollar" displayed in a business, but not a C of O. I thought that was a requirement at some point, but not sure it is still in the code.

The code gives us a not vague list, tells us what SHALL be on it, and when it SHALL be completed. Minor rant, but one that plagues my reviews on existing buildings. Seems so simple.

 

[Inspector Gadget]

Our jurisdiction does not (yet) have any statutory rights, powers, or obligations to issue certificates of occupancy.
I would like to see 'em tho.... but there are other more pressing issues that need to be addressed first.

So often plans are approved with special conditions, but no documentation is ever required or provided. For example, if some sort of allowance is made to artificially reduce occupant load that needs to be documented, among other places, on the C of O.

For our "alternative solutions" process, we can place a notice on Land Gazette, along with the documents related to the Alternative Solutions proposal.

 

[Yankee Chronicler]

I answered based on what I believe the code requires, not on what I see daily. In my experience each AHJ is wildly different, with most having little understanding of the importance of a C of O. Most seem to have no idea how the C of O works for the future, and absolutely no adherence to the items the code requires to be on a C of O.

IMO a C of O, with all the required information is the backstop for future renovations, and a baseline for the continued legal operation. If the C of O's were properly issued and properly revised, and properly displayed it would bring clarity to owners and building officials. One of the biggest problems I see and deal with are missing design occupant load, and missing construction type, which are the areas I believe are critical when alterations are made (assuming a C of O can even be found). The code under which the C of O was issued would also be very helpful, instead everyone appears to guess, which is vital when applying the IEBC, and trying to figure out if they met the code under which the project was originally permitted. VERY seldom do I see this presented by a DP, and when I do see it, it is often wrong....likely just a guess because they also couldn't find the information.

. . .

The code gives us a not vague list, tells us what SHALL be on it, and when it SHALL be completed. Minor rant, but one that plagues my reviews on existing buildings. Seems so simple.

Having encountered certificates of occupancy with zero useful information on more than one occasion when wearing my architect hat, I agree completely. The code tells us that we "shall" issue certificates of occupancy, and the code tells us what information has to be on it -- as a minimum. This has been in the codes for a very, very long time. It's difficult to understand how or why many building departments still don't do the minimum that's required. The CofO is -- along with the actual plans -- arguably THE most important document in the entire file record for a building.