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.
(1983 Code, sec. 6-80I; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
(a)
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 of the International Building Code.
(10)
The design occupant load, where deemed appropriate.
(11)
If an automatic sprinkler system is provided, whether the sprinkler
system is required.
(12)
Any special stipulations and conditions of the building permit.
(b)
Where a certificate is issued pursuant to work completed under the
auspices of a building permit, the certificate shall be issued to
the building contractor who obtained the permit upon completion and
approval of all applicable inspections. The contractor shall immediately
cause the certificate to be displayed as required below. It is an
offense under this chapter for any contractor to fail to display or
to withhold the certificate from the owner or owner's agent for any
reason. Where a certificate is issued pursuant to a change in occupancy
classification where no work requiring a permit is involved, the certificate
shall be issued directly to the building owner or his authorized agent,
and shall be immediately displayed as set forth herein.
(1983 Code, sec. 6-80J; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
Whenever the scope of a contractor's work pursuant to a building
permit, once completed and approved, does not result in a building
that is ready for occupancy (as in the case of a shell building where
multiple tenant finish-outs are proposed), a certificate of completion
shall be issued in lieu of a certificate of occupancy. The certificate
will be issued to the contractor. The certificate need not be displayed
within the subject building. Such certificate remains the property
of the City of Lubbock and may be revoked for cause in the same manner
as a certificate of occupancy. No subsequent permits or certificates
of occupancy shall be issued for the completion of any tenant space
within a shell building unless a certificate of completion for the
shell building has first been issued.
(1983 Code, sec. 6-80K; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
The building official is authorized to issue a temporary certificate
of occupancy before the completion of the entire work covered by the
permit, provided that such portion or portions shall be occupied safely.
The building official shall set a time period during which the temporary
certificate of occupancy is valid.
(1983 Code, sec. 6-80L; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
A certificate of occupancy remains the property of the City
of Lubbock, and is considered a license to occupy the building under
the conditions of issuance. The building official is authorized to
suspend or revoke a certificate of occupancy or completion issued
under the provisions of this code wherever the certificate is issued
in error, or on the basis of incorrect information supplied, or where
it is determined that the building or structure or portion thereof
is in violation of any ordinance or regulation or any of the provisions
of this Code of Ordinances.
(1983 Code, sec. 6-80M; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
A certificate of occupancy shall be prominently displayed within
the building for which the certificate was issued, and shall be visible
to building occupants, patrons, and public officials. In a case where
the building to which the certificate pertains is not publicly accessible,
as in the case of apartment buildings, the certificate shall be displayed
within the business office of the facility.
(1983 Code, sec. 6-80N; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
Construction associated with one- and two-family dwellings under
the scope of the International Residential Code shall be exempt from
requirements for a certificate of occupancy; however, such buildings
shall not be occupied or used until released by the building official
after approval of all required inspections. Such approval is subject
to revocation by the building official in the same manner as that
for certificates of occupancy.
(1983 Code, sec. 6-80O; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
(a)
Any building occupied prior to release and authorization by the building
official and connected to temporary utilities shall have said utilities
terminated within ten (10) days after written notification to the
utility company. A copy of the notification shall be provided to the
occupant by way of certified mail, personal delivery, or posting on
the door of the subject premises. Active permits pertaining to the
building shall then be deemed automatically cancelled. Before utilities
are reconnected, the contractor or owner of record shall renew the
building permit at a cost of not less than one hundred dollars ($100.00),
and make immediate arrangements, including coordination of a time
mutually convenient to the occupant and the building official, for
completion of required inspections. Identified violations of the technical
codes shall be corrected to the satisfaction of the building official
prior to reconnecting utilities.
(b)
Any building which has been erected or has undergone repairs or remodeling
requiring permits under this code, and that has been occupied prior
to the issuance of said permits, shall be immediately vacated and
utilities terminated upon written order of the building official until
compliance with all codes and ordinances has been established. The
building official, with the concurrence of the fire marshal, may authorize
temporary occupancy once it is established that there exists no fire,
life-safety or health hazard associated with the building or use,
and provided that the building owner is making an effort in good faith
to comply with all permitting requirements.
(1983 Code, sec. 6-80P; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
(a)
A new certificate of occupancy is required whenever there is a change
in occupancy classification, or whenever there is a change of subclassification
within the same major occupancy classification, as defined in the
International Building Code. A change of tenancy or ownership not
otherwise associated with a change in occupancy classification does
not require a new certificate of occupancy.
(b)
A new certificate of occupancy shall also be required whenever a
remodel, renovation or building addition project is undertaken, regardless
of the status of the occupancy classification.
(c)
A new certificate of occupancy may be required by the building official
if it has been more than two years since the subject premises was
inspected throughout and the owner or occupant is seeking any regulatory
approval associated with the premises.
(d)
A new certificate of occupancy not otherwise required by these provisions
may be obtained at the request of a building owner or tenant, subject
to the approval of the building official and subsequent to an investigative
inspection for structural, electrical, plumbing, mechanical and fire
hazards. Any hazards so identified shall be corrected prior to approval
of a new certificate. Fees for these services shall be as set forth
below.
(e)
A lost certificate of occupancy may be reissued, subject to the approval
of the building official, upon payment of a $30.00 fee and execution
of an affidavit by the building owner that building conditions, including
use, have not changed since the date of original issue. The replacement
certificate shall be clearly marked as a reissue of the original,
and the date of the former shall be clearly marked thereon.
(1983 Code, sec. 6-80Q; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
Fees associated with certificate of occupancy reissue and associated inspections shall be as follows: The fee for inspection of single buildings shall be sixty dollars ($60.00) plus thirty dollars ($30.00) for the certificate. On projects involving multiple buildings, the fees shall be sixty dollars ($60.00) for the first building inspected and thirty dollars ($30.00) for the first certificate; additional buildings shall be twenty-five dollars ($25.00) each and fifteen dollars ($15.00) for each additional certificate. Said fees are payable in advance and may be adjusted annually pursuant to section 1.03.004 of the Code of Ordinances.
(1983 Code, sec. 6-80R; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
