Is it the intent of Section 111.2 that a county or
municipality shall issue a Certificate of
Occupancy after the electrical, gas, mechanical,
plumbing, fire and building inspections have been
passed and the building permit finaled; even
though other issues such as DEP stormwater
requirements, sod, trees, site issues, impact fees
or any other local or state requirements are
unsatisfied? Could you please clarify this issue?
Interpretation #7251
Published October 06, 2013
Original Request
- Code Version
- 2010
- Code
- BUILDING
- Code Description
- Chapter
- 1
- Section
- 111.2
- Topic
Question
Answer Published 10/06/2013 at 1:07 AM
No, If the jurisdiction has other local ordinances
requiring the C.O. not to be issued until certain items
have been satisfied the C.O. may be held until they have
been satisfied. (See commentary below)
requiring the C.O. not to be issued until certain items
have been satisfied the C.O. may be held until they have
been satisfied. (See commentary below)
Commentary
111.1 Use and occupancy.No building or structure shall be
used or occupied, and no change in the existing occupancy
classification of a building or structure or portion
thereof shall be made, until the building official has
issued a certificate of occupancy therefor as provided
herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions
of this code or of other ordinances of the jurisdiction.
The end wording "or of other ordinances of the
jurisdiction." would allow the C.O. to be held until the
other issues established by local ordinance have been
complied with.