A building or structure shall not be used or occupied in whole
or in part, and a change of occupancy of a building
or structure or portion thereof shall not 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. Certificates presuming to give authority to violate or cancel provisions
of this code or other ordinances of the jurisdiction shall not be valid.
(1983 Code, sec. 6-80I; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
(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 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.
(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.
(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; Ordinance 2024-O0034 adopted 3/26/2024)
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; Ordinance 2024-O0034 adopted 3/26/2024)
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; Ordinance 2024-O0034 adopted 3/26/2024)
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; Ordinance 2024-O0034 adopted 3/26/2024)
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; Ordinance 2024-O0034 adopted 3/26/2024)
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; Ordinance 2024-O0034 adopted 3/26/2024)
(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; Ordinance 2024-O0034 adopted 3/26/2024)
(a)
A new certificate of occupancy is required whenever there is
a change in occupancy. Either of the following shall be considered
as a change of occupancy where the International Building Code requires
a greater degree of safety, accessibility, structural strength, fire
protection, means of egress, ventilation or sanitation
than is existing in the current building or structure:
(1)
Any change in the occupancy classification of a building or
structure.
(2)
Any change in the purpose of, or a change in the level of activity
within, a building or structure.
(3)
A change of tenancy or ownership not otherwise associated with
a change in occupancy classification or use 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 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; Ordinance 2024-O0034 adopted 3/26/2024)
Fees associated with certificate of occupancy reissue and associated inspections shall be as follows: The fee for inspection of a single building and a certificate of occupancy shall be a set amount. On projects involving multiple buildings, the fees shall be a set amount for the first building and a reduced amount for each additional building. Said fees are payable in advance and may be adjusted annually by the city council 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; Ordinance 2024-O0034 adopted 3/26/2024)
