# No Final Inspection (I know I've asked this before)



## Code Neophyte (Jan 16, 2011)

Even though I couldn't find a thread I'd started on the inspectpa board, I know I've asked before about how you deal with contractors (especially) who do not request a final inspection of an IRC structure prior to allowing the occupant to move in and occupy.  A few of you who responded said that you had, in several instances, recorded some sort of a "statement" in the chain of title, which basically said that the house could not be verified to be code complaint, as the required inspections had not been made.

If you have done this or taken similar action, would you please provide me with the language used - either here in this thread or by PM?  A copy of the actual document would be immensely helpful, but the language, at a minimum, would form the basis, for which I could then have our attorney build upon.  I'd even take your best recollection of the language, if you don't have the actual text available.

Thanks to anyone who can help!!


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## Yankee (Jan 16, 2011)

This happens all the time here, but if you are asking only about the FINAL inspection then everything must have been seen on rough (?) and you can do a final and see pretty much what you would have seen prior to the building being occupied. If there are outstanding issues, then you can withhold the approved C of O until they are completed.

At this time, my jurisdiction does not have any kind of fee/fine for occupying a structure and my only recourse would be through the court system,  which means I would need to pick/choose my case very carefully as most of the dwelling units around here are occupied without a CO in the file. What's the judge going to say . . . . "where is the unusual life hazard", probably.

It has been to my benefit that recently banks and refinancing companies have been asking for a copy of the CO : ) : ) : )

Sorry I have no language.


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## brudgers (Jan 16, 2011)

When the permit expires, start condemnation proceedings.

That'll get it cleared up.


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## Daddy-0- (Jan 16, 2011)

I like the way brudgers thinks!

I would send them a Notice of Violation for failure to get the required minimum inspections. (This only works after the permit expires) Give them 15 days to schedule for inspections then get a summons. If the permit is still active this is more cloudy. Is the house finished completely? Is there something in your municipal code that would require a CO before occupation? There must be a code for this but at the moment I am drawing a blank and have no books at home.


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## Daddy-0- (Jan 16, 2011)

I like the way brudgers thinks!

I would send them a Notice of Violation for failure to get the required minimum inspections. (This only works after the permit expires) Give them 15 days to schedule for inspections then get a summons. If the permit is still active this is more cloudy. Is the house finished completely? Is there something in your municipal code that would require a CO before occupation? There must be a code for this but at the moment I am drawing a blank and have no books at home.


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## Jobsaver (Jan 19, 2011)

2009 IRC

SECTION R110 CERTIFICATE OF OCCUPANCY

R110.1 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.

SECTION R113 VIOLATIONS

R113.1 Unlawful acts.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.


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## Yankee (Jan 19, 2011)

Yea, right, , but , , , try taking that to court.

I am waiting for the day that I can convince my Politicos to implement a fine per day for occupying without an approved CofO, and that will get their attention.


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## Mark K (Jan 19, 2011)

I do not see any legal problem with enforcing R113.1.  If there is a problem is will be with the willingness of the politicians to support the effort.

Notify the owners and tennants of the property.  Maintain a list of all buildings that do not have a certificate of occupancy.  Share the list with upper management and other departments such as Heaalth, fire, and sanitation.  Also notify the power and water companies. Filing a notification with the property deed may get the attention of lenders.


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## mtlogcabin (Jan 20, 2011)

We went to a lockable water shut off valve. The valve and lock are installed by the public works dept on the water meter. The plumber installs the assembly and because of the size of the lock he can just crack the valve and get about 2 gpm water flow. Enough for residential construction and clean up. We had a few move in without the CO and when they could not get a decent shower and they called the contractor who in turn called the plumber who charged the contractor for his time, (Not his fault the lock was not removed) Been a year now 78 homes and no missed CO inspections in the last 9 months. Took years to get the Public Works on board. The BD buys the locks less than $8.00 each which we reuse. The PW dept just added the shut off valve to the cost of the meter.


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## Kearney.200 (Jan 20, 2011)

SECTION 500.020:	VIOLATION AND PENALTY

Any person violating the terms of this Article and its incorporated code shall upon conviction thereof be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment, provided that each day such violation occurs after notice by the City shall constitute a separate ordinance violation.  (Ord. No. 851-01, 3-5-01)

write the code section that jobsaver noted for the violation on the citation.

the one contator I did this to was charged $800 and 1 year probation


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## fatboy (Jan 20, 2011)

I took three cases to our administrative hearing officer (judge) two years ago under both sections jobsaver posted. Did all the notifications, postings, etc. I got finding of liable (guilty) in all three, with $100 fines. All three were taken care of shortly after. I'm lucky, I have support at all levels.


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## NH09 (Jan 24, 2011)

We have a few houses in town being occupied without CO's. Unfortunately the previous inspector gave them a verbal OK to move in and they never called for final inspections. I have spoken to town counsel about these and he stated that at this point they have been occupied for so long that a court case would be unsuccessful. One person I am working with to bring the house up to code, another only owes impact fees, and the third ignores my visits and letters. For future cases we were instructed by town counsel to cite health regulations (uninspected sanitary facilities) and have the sheriff come out and escort the occupants out. I hope it never comes to that and that the threat alone would be enough to make someone comply. The water lockout is a great idea but we have a lot of houses on wells.


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## FredK (Jan 24, 2011)

We never sign off on electric and gas until a final.

Had a few that wanted to get temp's before that and we will allow them to sign a temp power agreement foe 30 days max.  Not done too bad as power gets revoked and shut off.  Only happen once in the ten years I been here.   It was something about removing the old manufactured home off the property deal when the new one was done.

Good luck on getting the powers to be to agree.  Here they turn all wishy-washy if it happens in the summer months with 100+ temps to the turning off of power.


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## NH09 (Jan 24, 2011)

One other thing I forgot to mention, the three houses that have been occupied without CO's are occupied by the contractors who built them - the banks won't let anyone close on a house around here without the CO.


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## fatboy (Jan 24, 2011)

Still, and even more damning (they should know better), a violation of the code under sections previously cited.


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## texas transplant (Jan 24, 2011)

We are like FredK, they can get what is called a "construction meter" before final, but it has a 30 day life.   At the end of 30 days if we don't notify the electric and gas companies to leave it on they pull the meter.  The contractor or owner has to sign a document agreeing to the construction meter.   Works pretty well.


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## Coug Dad (Jan 24, 2011)

NH09

Does that make it some kind of work / live arrangement like an artist's loft?


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## NH09 (Jan 26, 2011)

Coug Dad

I guess it does....maybe I could get them on the Zoning too -


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