Certificate of Occupancy - Minimum Requirements

Certificate of Occupancy - Minimum Requirements September 2013

Agenda • Basic C of O Concept/Criteria – Part 1203 • Information Required on C of O • Certificate of Occupancy “Checklist” & Statement of Certification • Temporary & Conditional Certificates & Conditions of Revocation • Certificate of Compliance • Conclusion & Questions

Basic Concept of C of O • NO building erected, enlarged or altered, subject to the Uniform Code & Part 1203 • Shall be used or occupied, unless a code compliance certificate or temporary approval for occupancy is issued, except: • Work exempted from permit requirements of Section 1204.7 (a)

Basic Concept of C of O • Based on Title 19 NYCRR Part 1203 • Does municipality really “Certify” buildings? • Certification that … • Is it a legally constructed building with a C of O? • Required for all work which: • Requires a building permit • Acknowledges a change of occupancy

Basic Concept of C of O • Devices used to restrict use of a building or structure to a specific type of use or occupancy • Acknowledges construction is complete & is used for intended purpose • Protection and Liability • Rights of tenant & owner with Certificate

Basic Criteria for Issuance • Verification of submittals - Records of: • Approved building permit/change of occupancy • Appropriate field inspections were made • Changes to documents were accepted • Special Inspection Reports • HVAC manuals and certification • Fire protection system testing • Record drawings (“as-builts”)

Basic Criteria for Issuance • Final inspections per local Code Officials • Provide punch-list, as applicable • Final inspections performed by others • Special Inspections • Fire Marshal (joint inspection with Code Official) • Third-party inspections (i.e.-fire-stopping, elevators, electrical, fire alarm, fire sprinkler, hood systems) • No outstanding code compliance violations

Local Municipality Options • Local governments have option to: • Expand requirements for C of O’s to include situations not specified in min. standards of Part 1203: • Where local governments requires additional permits • Require renewal of a C of O for multiple dwellings at the time of resale. (renewal not new C of O) • Tie Operating Permit to the issuance of a C of O

Local Municipality Options con’t TEMPORARY CERTIFICATE OF OCCUPANCY • Issue temporary C of O’s to buildings or portions thereof that are sufficiently complete • Period shall not exceed 1 year (may be renewed) • May place special conditions, to ensure safety & to protect interest of local municipality (clearly state) • Agreed to by the property owner (signature)

Agenda • Basic C of O concept/criteria – Part 1203 • Information required on C of O • Certificate of Occupancy “Checklist” & Statement of Certification • Temporary & Conditional Certificates & Conditions of Revocation • Certificate of Compliance • Conclusion & Questions

Minimum Information on C of O • Date and # of building permit • Property identification • Approved occupancy classification(s) • Main occupancy(ies) • Accessory spaces • Fire protection equipment provided • Required or voluntary

Minimum of Information on C of O • Occupant loads for all occupancies and spaces • Determine occupant load based on use of the space • Multiple occupancies within the same use group should be indentified by size and/or location • Assigning square footage to different occupancies provides a specific record of what was approved • Posting of loads

Additional Information on C of O • As applicable: • Special use permit (local zoning law) • Construction type • Version of Code the building was constructed under.

Additional Information on C of O • As applicable: • Operating permit: • Hazardous materials or processes • Use, operation or repair of fire protection equipment • Buildings with one or more areas of public assembly • Potential higher public safety hazard buildings (i.e.- amusement buildings, temporary assembly, etc.)

Additional Conditions for C of O • As applicable: • Control areas: • Hazardous occupancies/materials • Fire Safety Plans • Evacuation Plans

Record Keeping • Maintain adequate records of: • System for issuance of Certificates of Occupancy or compliance, • Documents applying to C of O issuance

10 Minutes BREAK

Certificate of Occupancy “Checklist” • Final inspection by Building Official • Final inspection by Fire Marshal • Third Party written inspection reports • Special Inspection final reports • Hazardous materials reports • Compliance with planning & zoning

Certificate of Occupancy “Checklist” • Completion of site work • Fire Service Features, access roads, hydrants, fire service connections access, • Conditional permits, if weather restrictions • Verification of handicap accessibility features • Installed/provided as designed • Verify slope and cross slope along accessible route • Verify door pull and clearances when furnature has been placed.

Certificate of Occupancy “Checklist” • Acceptance testing of fire protection equipment • Premises identification • Plainly visible and legible from street or road fronting property • Approved signage • Fire department access, interior Electrical service, fire sprinkler room, equipment rooms, hazards identified • Truss signage

Certificate of Occupancy “Checklist” • Operating permits • Lease plan (for covered malls) • Operating & maintenance manuals (for commercial HVAC systems) • Certification of commissioning of systems • Balancing reports • Owner training, as applicable

Statement of Certification • Statement of Municipality (inspected to verify that ______ was constructed in accordance with approved plans) • Signature of Building Official • Signature of Fire Marshal • Statement of authorized applicant (constructed in accordance with approved plans) • Signature of authorized applicant

Temporary & Conditional Certificates • Limiting language • Require files on adequate information and detailed statements of work to be done • Functional fire protection equipment (all systems fully operational) • All exiting for occupied areas maintained • Limiting time period • Relative to anticipated construction schedule

Temporary & Conditional Certificates • Provisions for penalties • Not a guarantee that a permit for entire building is or will be granted • Minimum criteria should be set for the continuation of work • Phased Projects • Phases clearly identified • Required fire watches during system shutdowns • Re-inspection of fire-stopping on common walls

Conditions for Revocation • All work shall stop until approved documents, resolution has occurred & permit is given • Exception: directed work to remove violation or unsafe condition

Conditions for Revocation • Construction not in accordance with approved submittals • Construction shall be per approved design, in accordance with codes • Any changes during construction shall be submitted for approval prior to work done • Certificates issued in error

Not Constructed in Accordance with the Approved Plans?

Conditions for Revocation • Work performed without required permit • All new work requires a building permit, with exceptions (per local code and/or Part 1203) • Expiration of Certificate • Temporary C of O • Operating Permit

Conditions for Revocation • Property maintenance • Unsafe structures and equipment • Occupancy or use modified without permit • Failure of testing & maintenance of required fire protection equipment • Unsafe or hazardous conditions • Building fire or collapse

Revocation Process • Local Law should provide a process for revocation of a Certificate of Occupancy or Certificate of Compliance. • Requires Due Process and Appeal provisions. • Typically includes a hearing and action by Legislative body or Court action.

Unsafe Condition

Unsafe Conditions

Certificate of Compliance • Certificate of Compliance is applied, issued, administered and can be revoked the same as a Certificate of Occupancy. • When is it appropriate to issue a Certificate of Compliance? • How do they differ from a Certificate of Occupancy?

Certificate of Compliance When is it appropriate to issue a Certificate of Compliance? • When the building or area will not be occupied • When the building permit is issued for a building shell • At the completion of the installation of new equipment, systems, repairs, replacements • Modifications to approved site improvements that impact existing fire service features

Certificate of Compliance How do they differ from a Certificate of Occupancy? How are they similar? • The Certificate of Compliance does not authorize the occupancy of a building or space • They both close out the permit process • They provide a record of the limitation of approval granted by the municipality • They both carry the weight of the law and they both can be revoked with cause

New Certificate of Occupancy?

Contacts – DOS Regional Offices • Buffalo – (716) 847-7611/2: • Kumar Vijaykumar • Andrew Hvisdak • Finger Lakes Office – (315) 586-4563: • Currently Vacant • Syracuse – (315) 428-4434: • Jim King • > Adirondack Office – (518) 441-1895: • - Whitney Russell

Contacts – DOS Regional Offices • Capital Office – (518) 477-7497: • www.dos.state.ny.us • Joseph McGrath • Kingston Office – (845) 334-9378: • Dan Nichols • Long Island Office – (631) 952-4915/09/12: • Courtney Nation • Richard Smith

Contacts – DOS Regional Offices • Peekskill Office – (914) 734-1347: • Erika Krieger • Southern Tier Office – (585) 437-5534: • Charles Bliss • Utica Office– (315) 793-2526: • Tom Romanowski • Binghamton – (607) 721-8759: • Currently Vacant

Questions? • T.Y. Lin International would like to thank the New York State Fire Marshals and Inspectors Association for the opportunity to participate in this educational school and present this program

Certificate of Occupancy - Minimum Requirements