Transcript 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
2
Certificate of Occupancy – Minimum Requirements
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)
3
Certificate of Occupancy – Minimum Requirements
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
4
Certificate of Occupancy – Minimum Requirements
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
5
Certificate of Occupancy – Minimum Requirements
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”)
6
Certificate of Occupancy – Minimum Requirements
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
7
Certificate of Occupancy – Minimum Requirements
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
8
Certificate of Occupancy – Minimum Requirements
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)
9
Certificate of Occupancy – Minimum Requirements
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
10
Certificate of Occupancy – Minimum Requirements
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
11
Certificate of Occupancy – Minimum Requirements
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
12
Certificate of Occupancy – Minimum Requirements
Additional Information on C of O
> As applicable:
– Special use permit (local zoning law)
> Construction type
> Version of Code the building was constructed
under.
13
Certificate of Occupancy – Minimum Requirements
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.)
14
Certificate of Occupancy – Minimum Requirements
Additional Conditions for C of O
> As applicable:
– Control areas:
• Hazardous occupancies/materials
– Fire Safety Plans
– Evacuation Plans
15
Certificate of Occupancy – Minimum Requirements
Record Keeping
> Maintain adequate records of:
– System for issuance of Certificates of Occupancy or
compliance,
– Documents applying to C of O issuance
16
Certificate of Occupancy – Minimum Requirements
BREAK
10 Minutes
17
Certificate of Occupancy – Minimum Requirements
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
18
Certificate of Occupancy – Minimum Requirements
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
19
Certificate of Occupancy – Minimum Requirements
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.
20
Certificate of Occupancy – Minimum Requirements
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
21
Certificate of Occupancy – Minimum Requirements
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
22
Certificate of Occupancy – Minimum Requirements
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
23
Certificate of Occupancy – Minimum Requirements
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
24
Certificate of Occupancy – Minimum Requirements
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
25
Certificate of Occupancy – Minimum Requirements
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
26
Certificate of Occupancy – Minimum Requirements
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
27
Certificate of Occupancy – Minimum Requirements
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
28
Certificate of Occupancy – Minimum Requirements
Not Constructed in Accordance
with the Approved Plans?
29
Certificate of Occupancy – Minimum Requirements
Not Constructed in Accordance
with the Approved Plans?
30
Certificate of Occupancy – Minimum Requirements
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
31
Certificate of Occupancy – Minimum Requirements
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
32
Certificate of Occupancy – Minimum Requirements
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.
33
Certificate of Occupancy – Minimum Requirements
Unsafe Condition
34
Certificate of Occupancy – Minimum Requirements
Unsafe Conditions
35
Certificate of Occupancy – Minimum Requirements
Unsafe Conditions
36
Certificate of Occupancy – Minimum Requirements
Unsafe Conditions
37
Certificate of Occupancy – Minimum Requirements
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
38
Certificate of Occupancy – Minimum Requirements
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?
39
Certificate of Occupancy – Minimum Requirements
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
40
Certificate of Occupancy – Minimum Requirements
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
41
Certificate of Occupancy – Minimum Requirements
New Certificate of Occupancy?
42
Certificate of Occupancy – Minimum Requirements
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
43
Certificate of Occupancy – Minimum Requirements
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
44
Certificate of Occupancy – Minimum Requirements
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
45
Certificate of Occupancy – Minimum Requirements
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
46
Certificate of Occupancy – Minimum Requirements