Some jurisdictions issue Certificates of Occupancy only when asked. Others issue them for work that never required a permit. And in many places, outdated forms or signed inspection cards are still being used in place of an official document. The problem is that none of those practices are supported by the building code.
Under the IBC, the Florida Building Code, the Pennsylvania UCC, and even the California Building Code, a Certificate of Occupancy is required when a new structure is completed, when the use changes, or when a space changes occupancy classification. It is not an administrative courtesy. It is a legal document that authorizes use and occupancy only after code compliance has been verified through the permitted inspection process.
Any CO issued by another department is not valid under the building code. The authority is not transferable, and the legal responsibility for certifying compliance rests solely with the building official.
Issuing one anyway, just because someone requests it, is not only unsupported by the code but also risky. It creates a paper trail implying inspection and approval that never occurred. That can open the jurisdiction to legal liability down the line.
If your process does not match what the code requires, it is time to change it.
Under the IBC, the Florida Building Code, the Pennsylvania UCC, and even the California Building Code, a Certificate of Occupancy is required when a new structure is completed, when the use changes, or when a space changes occupancy classification. It is not an administrative courtesy. It is a legal document that authorizes use and occupancy only after code compliance has been verified through the permitted inspection process.
Only the Building Official Can Issue It
A zoning department might approve land use. A fire marshal might approve a life safety inspection. But under every version of the model code, only the building official is authorized to issue a Certificate of Occupancy. No other department has the authority to declare that a structure is code compliant and ready for use.Any CO issued by another department is not valid under the building code. The authority is not transferable, and the legal responsibility for certifying compliance rests solely with the building official.
When a Certificate of Occupancy Is Required
A CO must be issued:- When a new building or structure is constructed
- When an addition is built onto an existing building
- When the occupancy classification changes
- When there is a change in use that affects life safety, egress, or code compliance
When It Is Not Required
A Certificate of Occupancy is not required for work that is exempt from permitting under Section 105.2 of the code. That is the only exception. If there is no permit, there is no inspection record and therefore no basis for issuing a CO.Issuing one anyway, just because someone requests it, is not only unsupported by the code but also risky. It creates a paper trail implying inspection and approval that never occurred. That can open the jurisdiction to legal liability down the line.
What a Valid Certificate of Occupancy Must Include
The building codes are consistent in what they require a CO to contain:- Permit number
- Project address
- Owner or authorized agent name
- Description of the space covered
- Code edition used for the permit
- Use and occupancy classification from Chapter 3
- Type of construction from Chapter 6
- Design occupant load
- Automatic sprinkler status and whether required
- Any special stipulations or permit conditions
- Name of the building official
- In flood zones, documentation of as-built elevations
Temporary and Partial Certificates
Temporary and partial COs are allowed when the building official determines that a space can be occupied safely while the remainder of the work is ongoing. The duration and limitations must be clearly stated, and the space must meet all life safety requirements. These documents are still formal and must be issued under the same authority as a full CO.TBCF Final Thought
The Certificate of Occupancy is not a courtesy, and it is not a formality. It is the only legal document that allows a building to be used. If it is not issued, the space cannot be occupied. If someone else is issuing them, they are not valid. And if they are being issued without a permit, there is no legal foundation.If your process does not match what the code requires, it is time to change it.
