# Who do you issue the C of O to?



## TJacobs (Aug 13, 2010)

These questions are aimed at building departments:

Who does your department issue the Certificate of Occupancy to?

a)  Home builder

b)  New home owner as stated by the home builder

c)  someone else

Who is listed as the owner on the Certificate of Occupancy you issue?

a)  Home builder

b)  New home owner as stated by the home builder

c)  someone else


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## vegas paul (Aug 13, 2010)

I'd be interested in adding another question to TJ's question above (sorry, don't want to hijack the thread!):

For commercial, is the CO for the business (tenant) or the building?  Is there a business name on the CO?


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## fatboy (Aug 13, 2010)

In new construction, we issue the C.O. to the property owner, in their name. In VP's situation, a new C.O. is issued whenver a new business goes in, but the C.O. also has the property owners information on it.


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## pyrguy (Aug 13, 2010)

We issued the CO to the property owner of record as stated on the permit application.


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## Mark K (Aug 13, 2010)

Agree it should be the property owner.  Default property owner of record is that stated on application but if you are knowlegable that the property owner has changed prior to issuance of CO then would suggest that you issue it to the actual property owner.


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## Yankee (Aug 13, 2010)

Our application is always the owner unless there is a letter to file naming a representative. The CO is issued to the property owner (as signed by the property owner or his/her representative). The CO is really issued to the project to close out the building permit.

A CO for a business is to the business naming the Use permitted with the Owner signature


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## Mule (Aug 13, 2010)

We issue the CO to the permit holder/builder. We have ammended our regulations to specify that the building final is considered the CO for a single family residential structure.

On commercial we list the business name and the owner name of the building on the CO.


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## cboboggs (Aug 13, 2010)

We issue the CO to the permit holder/builder as well in both cases.


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## TimNY (Aug 13, 2010)

Residential the C.O. is issued to the homeowner.  We cannot issue the C.O. without a deed stating the owner's name.

If a single commercial building with a single commercial occupancy, the C.O. is issued in the building owner's name.

If a multiple commercial occupancy, a Certificate of Compliance to the owner stating something like "..building of Type V construction containing mercantile use on the first floor and business use on the second floor" (this would be determined by the zoning regs).  Then each space gets a C.O. in the lessees name.


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## peach (Aug 14, 2010)

permit applicant.


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## Francis Vineyard (Aug 14, 2010)

CO is issued to property owner; document references tax map parcel with building address, building code edition, construction type, occupancy group(S), sprinkler type, number of stories and building construction permit number.


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## RJJ (Aug 15, 2010)

The same as Francis: The tax ID. runs with the land and thus the building as long as it stands. Small permits replacing a Heater or alteration may go to either the applicant or owner. But still the Tax ID is indicated.


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## vegas paul (Aug 15, 2010)

Mule - Since you list the Business and the building owner on a commercial CO, do you issue a new CO when a new tenant (business) moves in?  Even when they don't get a permit (no work needed)?  That's the question I'm facing now.  I'm in a city that does NOT require business licensing, so in my opinion, the CO is the only method of determining what business is where.  But nobody is enthusiastic about the idea of applying for a CO when they rent a tenant space (no building permit).


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## RJJ (Aug 15, 2010)

Paul: We do base on a zoning requirement. Change of use, occupant and ownership.  In that case the new tenant occupant or owner is listed.


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## fatboy (Aug 15, 2010)

We have a "sales tax" inspection system, anytime someone applies for a sale tax license. Gets us in to make sure it at least safe for the public. Upon passing said inspection, we issue a new C.O. to new occupant.


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## Mark K (Aug 15, 2010)

Given the differing responses I am going to suggest that either some of the postings are wrong or it varies.  Ultimately the issuance of a certificate of occupancy should be done pursuant to the adopted laws and regulations.  You should find the law or regulation that requires and gives you the authority to issue certificates of occupancy.  There is the possibility that what you are doing may differ from what you are required/authorized to do.

In California the certificate of occupancy is defined in Section 111 of the 2010 California Building Code (same as 2009 IBC).  Besides the address and other information it includes the name and address of the owner.  No reference is made to occupant.

In the City of Brea California “Individually owned dwellings are exempt from the C of O requirement. The C of O for an apartment is issued to the landlord, and the C of O for a hotel is issued to the hotel operator. C of Os for commercial buildings is issued to each individual tenant.”  Still their city code make it clear that it is the Owner who must file the application.  Looking at their city code it is not clear where it says that  the CO be reissued when there is a change of occupant.

In NYC in addition to information about size, type of construction of the building, and occupancy type the certificate of occupancy lists only the address.  The owner or other entity is not listed.

I suggest that you take a copy of the provision in the adopted building code along with any local regulations that you are aware of and take them to the city attorney.


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## Yankee (Aug 15, 2010)

vegas paul said:
			
		

> Mule - Since you list the Business and the building owner on a commercial CO, do you issue a new CO when a new tenant (business) moves in?  Even when they don't get a permit (no work needed)?  That's the question I'm facing now.  I'm in a city that does NOT require business licensing, so in my opinion, the CO is the only method of determining what business is where.  But nobody is enthusiastic about the idea of applying for a CO when they rent a tenant space (no building permit).


We are the same in that there is no licensing for businesses. I have instituted a "Change of Occupancy" form (as in a change in occupant, nothing to do with a "Use" change)  that is to be submitted by every new tenant/owner in a commercial space. Along with this "Change of Occupancy" form I get submitted enough information to decide if a Change of Use per Zoning is necessary, and also per the floor plans or written description of the change, enough information to determine if I need to remind them to submit a Building Permit Application for review of codes. Lots of times, the first thing I get is a Sign Permit Application, then they have to back up and do the "Change of Occupancy" form. For us, a Certificate of Occupancy always follows the final of a Building Permit, not simply a change in tenant. That could be different if we had a process to regulate residential rental property, but not so at this time.


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## rshuey (Aug 16, 2010)

Would some of you post a sample of your CofO? We always had it done by 3rd party but are looking to change in Jan 2011.


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## TimNY (Aug 16, 2010)

vegas paul said:
			
		

> Mule - Since you list the Business and the building owner on a commercial CO, do you issue a new CO when a new tenant (business) moves in?  Even when they don't get a permit (no work needed)?  That's the question I'm facing now.  I'm in a city that does NOT require business licensing, so in my opinion, the CO is the only method of determining what business is where.  But nobody is enthusiastic about the idea of applying for a CO when they rent a tenant space (no building permit).


We do.  We usually catch it when they apply for a sign permit.  Local code requires it.


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## TJacobs (Aug 17, 2010)

I would appreciate seeing these as well, as we are in a re-design mode.

My OP was specifically asking about residential...when the homebuilder pulls the permit should not the CO list the builders name on it since the sale hasn't closed yet and the prospective homeowner does not "own" it yet?  Still, a good discussion on the commercial side.

Commercially, we basically have the same situation as vegas paul, no business licensing.  We do require an occupancy permit for new tenants to check for use issues.  They get a CO specific to the tenant space.

2006 IBC:

110.1 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.

110.2 Certificate issued.

After the building official inspects the building or structure and finds no violations of the provisions of this code *or other laws that are enforced by the department of building safety*, the building official shall issue a certificate of occupancy that contains the following:

 1. The building permit number.

 2. The address of the structure.

 3. The name and address of the owner.

*4. A description of that portion of the structure for which the certificate is issued.*

* 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.*

 6. The name of the building official.

 7. The edition of the code under which the permit was issued.

*8. The use and occupancy, in accordance with the provisions of Chapter 3.*

 9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit.

The bolded text is what we rely on as our authority to require an occupancy permit for each tenant space.  Thoughts?



			
				rshuey said:
			
		

> Would some of you post a sample of your CofO? We always had it done by 3rd party but are looking to change in Jan 2011.


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## D a v e W (Aug 19, 2010)

Residential property owner listed on application.

Buisness -- property owner (w/address) and buisness owner (w/address).

No new CO after that unless changing occupancy types "B" adding "M" or something similiar


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