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Certificate of Occupancy - Minimum Requirements

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Certificate of Occupancy - Minimum Requirements September 2013 Unsafe Condition Unsafe Conditions Unsafe Conditions Unsafe Conditions Agenda Basic C of O concept ... – PowerPoint PPT presentation

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Title: Certificate of Occupancy - Minimum Requirements


1
Certificate of Occupancy - Minimum Requirements
  • September 2013

2
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

3
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)

4
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

5
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

6
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)

7
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

8
Local Municipality Options
  • Local governments have option to
  • Expand requirements for C of Os 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

9
Local Municipality Options cont
  • TEMPORARY CERTIFICATE OF OCCUPANCY
  • Issue temporary C of Os 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)

10
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

11
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

12
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

13
Additional Information on C of O
  • As applicable
  • Special use permit (local zoning law)
  • Construction type
  • Version of Code the building was constructed
    under.

14
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.)

15
Additional Conditions for C of O
  • As applicable
  • Control areas
  • Hazardous occupancies/materials
  • Fire Safety Plans
  • Evacuation Plans

16
Record Keeping
  • Maintain adequate records of
  • System for issuance of Certificates of Occupancy
    or compliance,
  • Documents applying to C of O issuance

17
10 Minutes
BREAK
18
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

19
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

20
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.

21
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

22
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

23
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

24
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

25
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

26
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

27
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

28
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

29
Not Constructed in Accordance with the Approved
Plans?
30
Not Constructed in Accordance with the Approved
Plans?
31
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

32
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

33
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.

34
Unsafe Condition
35
Unsafe Conditions
36
Unsafe Conditions
37
Unsafe Conditions
38
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

39
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?

40
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

41
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

42
New Certificate of Occupancy?
43
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
  • gt Adirondack Office (518) 441-1895
  • - Whitney Russell

44
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

45
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

46
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
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