Moving in before CO is issued

[Yankee]

I need to take some kind of stand functionally (and politically) about people moving into residential (1 & 2 family) dwellings prior to the final/CO inspection and issuance. Although the building code does not allow for this, there is no way for me to enforce except to use the court system, which I expect will not be supported politically and not an option that will be possible for my office.

The closest that I can come at the moment is to, in my profession position, state that I cannot do any (further) inspections on a project after I become aware that the project is being occupied prior to approval, in writing to the record file.

I believe my responsibility under the codes is to take whatever action is necessary to protect the safety, health and wellbeing of the citizens, and that "blindly" continuing with the inspection process in a building that clearly is in violation of the codes puts me in an impossible position.

What do you do, or think?

 

[Coug Dad]

There was a long dicsussion on this issue several months ago on this forum. I have never understood why a TCO could not be issued for new construction so long as certain features such as smoke detectors and exits are in place, yet I can continue to occupy an existing house that is undergoing significant addition or renovation. I fail to see what is the difference in hazard.

 

[Yankee]

How about when smoke detectors and exits are NOT in place? I agree that a conditional CO may be issued, but there becomes a point at which I am uncomfortable with the level of completion. How do you handle the situation where you are beyond your TCO comfort place? What method of enforcement do you have in place or thing would be reasonable? Do you have to just "let it go" due to lack of process or politics?

 

[Mark K]

Notify all individuals of violation including building occupants. Continue to work with owner to perform inspections to resolve lack of compliance. Discuss your policy with the jurisdictions attorney to understand the legal concerns and management to understand the political issues.

My guess is that once you have notified the owner and the occupants of the lack of compliance that you are covered. Further action would then be dictated by the political landscape as long as the attorney does not recommend otherwise. If legal and political directions are not compatible then have the attorney talk to your management.

 

[FredK]

We never give gas/electrical clearance until it's either at a TCO or final stage. If a TCO the owner has to sign that all work will be completed within 30 days or electrical power can be revoked.

Many things happen between the TCO and final that may/may not get done.

Had one that hooked a generator into the panel to run things and he was issues a noise complaint by the PD. Ended that when he was in front of the judge explaining why we would give him power.

 

[Yankee]

Notify all individuals of violation including building occupants. Continue to work with owner to perform inspections to resolve lack of compliance. Discuss your policy with the jurisdictions attorney to understand the legal concerns and management to understand the political issues.My guess is that once you have notified the owner and the occupants of the lack of compliance that you are covered. Further action would then be dictated by the political landscape as long as the attorney does not recommend otherwise. If legal and political directions are not compatible then have the attorney talk to your management.

Simple, and probably effective, thanks. Sometimes it's hard to see through the red haze in front of my eyeballs.

 

[beach]

We do what FredK does, 99% of the time, after they move in, they become less motivated to complete the "little things"...... we give them the choice of either elec. or gas release. It's amazing how motivated they can be when cold weather comes.........

 

[mtlogcabin]

It's amazing how motivated they can be when cold weather comes.........

Illeagal to shut utilities off in the winter in this state for any reason. We use a lockable water valve for new residential construction. The valve can be opened just enough (2-3 GPM) to allow water for construction and testing but if a homeowner moves in they quickly call us complaining they do not have enough water. At that time we start to talk and they realize if they want to do more than flush a toilet or take a sponge bath they have to comply. That old saying of "if momma ain't happy then nobody is happy" is so true when momma can't use her new washing machine or dishwasher much less her new rainforest showerhead.

 

[beach]

We don't shut it off, there is nothing to shut off..... we just don't release it to the utility..... the utility won't set a meter without a release from us. I like the lockable water valve idea!

 

[peach]

Once they are in, it's unlikely the occupant/contractor is going to call you back. I"d take a stand and say "NO" if a C/O is required.

Building officials are not supposed to be popular.. we're CODE ENFORCEMENT professionals... just like cops.

 

[Yankee]

Once they are in, it's unlikely the occupant/contractor is going to call you back. I"d take a stand and say "NO" if a C/O is required.Building officials are not supposed to be popular.. we're CODE ENFORCEMENT professionals... just like cops.

I don't care about being popular, but my superior (Town Manager) can sign off on any permit/paper as well as I can and will if the pressure is on. I realize this make him responsible for what he has done, but unless someone dies it will never make a ripple, and might quite possibly get me fired. I think the rest of the folks are better off with me here than with me gone.

So the question is how to best go about doing what needs to be done and I like the Mark K approach.

 

[beach]

I remember from previous posts regarding the same issue, some people took exception that the elec. power was needed to test GFCI's, etc. before occupying the building. I'm sure others will disagree, but I've always allowed the electrician, when deemed safe, to back feed the panel for testing purposes only. They do it anyway when we're not around, when they ring it out...........

 

[NH09]

I feel your pain Yankee, I am in the middle of writing a letter to town counsel regarding a home that has been occupied for at least two years now. I have worked with the homeowners and had them finish everything except the stairway going to the second floor (9" risers, 9" treads). The original approved stairway was modified "on the fly" so they could enlarge the bathroom upstairs and cannot be fixed without major structural changes. I was told by the homeowner last week that they are done and refuse to fix the stairs, so the only option at this point is to take the owner to court; which the town will probably not do.

 

[Yankee]

I feel your pain Yankee, I am in the middle of writing a letter to town counsel regarding a home that has been occupied for at least two years now. I have worked with the homeowners and had them finish everything except the stairway going to the second floor (9" risers, 9" treads). The original approved stairway was modified "on the fly" so they could enlarge the bathroom upstairs and cannot be fixed without major structural changes. I was told by the homeowner last week that they are done and refuse to fix the stairs, so the only option at this point is to take the owner to court; which the town will probably not do.

Right, , that is true. BUT there WILL come a day when the homeowner "all the sudden" needs that CO to refinance or sell, and your day will come!

 

[fatboy]

The IRC gives you all the tools in Chapter 1, if you are allowed to use it. I had support from above to go after 4 houses last year that were illegally occupied without C.O.'s. Mailed Notice of Violations to the owners, and posted them at the house so that the tenants new they were illegally occupying the house, unknown to them. Took about six months, but got compliance on all.

BTW, in addition to getting compliance, part of getting the C.O.'s involved paying $30-35K in deferred development fees on each house. After that we ditched the deferred fee program........

 

[High Desert]

I do this a lot. :banghd

Then I send them a letter with the reference to our City Code which has the civil penalties and citations.

 

[JBI]

Not enforcing the code is a bad idea. Be it in chapter one, or in another law (local, county or state) it is a violation to occupy without a CO. Start with a letter, move to a formal Notice of Vilation and if necessary continue with an Appearance ticket. It can be resolved as a civil penalty, but it will need to be done at least a few times for word to get out in the community. After that, voluntary compliance will be the norm.

 

[SCBO1]

Yankee,

Do you think a fee attached to a TCO with additional cost to the builder would help?

pc1

 

[Yankee]

Yankee,Do you think a fee attached to a TCO with additional cost to the builder would help?

pc1

What would help me is to have my Board of Selectmen pass a fine/per day (maybe $50per). I could use that as opposed to going through the court system (the judges around here don't nessesairly think that the Building Code is law).

 

[ewenme]

Liability is a huge issue. The homeowners need to accept their own liability. To that end, we use the 'certificate of noncompliant structure' when they move in without benefit of a CO. To arrive at the Cert of noncompliant structure we first issue a notice and order that lists the items needing to be corrected/completed. We give them a date certain to commence, a time for appeal, and if compliance is not forthcoming we file the dread certificate of noncompliance on the real property. Banks do not like the appearance of such a document. If there is no financing, the homeowner has efficiently side-stepped the requirements, until such time as they wish to sell/remodel/ or otherwise dispose of the property. No CO means no loan from a bank for a new buyer. We've gotten lots of action on old certs of noncompliance for this reason. Legally, we put the owners on notice that they are in violation of municipal code, building code, state code, etc., and then we tell them to have a nice day. Why have a stroke over stupidity? Let go and let the buyer be aware: records that follow the deeds are the ones that get attention.

 

[peach]

Being fortunate to work in a jurisdiction where a CO isn't required for SFD (yeah, I don't understand it either.. or their requirement for a CO to be issued for a food handling establishment BEFORE the health department goes in.... but I digress).. the only thing I can do is document the deficiencies and move on... enforcement of them is not my concern.

 

[Yankee]

if compliance is not forthcoming we file the dread certificate of noncompliance on the real property

I am very interested in this! What do you mean by "file", as in, with the recorder of deeds (ours is on the county level)?