LAW
Writer®
Ohio Laws and Rules
110.1 Approval required to occupy. No residential building or structure, in whole or in part, shall be used or occupied until the residential building official has issued an approval in the form of a certificate of occupancy. The certificate of occupancy shall indicate the conditions under which the residential building shall be used. The building owner shall only use the structure in compliance with the certificate of occupancy and any stated conditions. The residential structure and all approved building service equipment shall be maintained in accordance with the approval. When a residential building or structure is entitled thereto (constructed according to the approved construction documents, final tests and inspections are completed, no orders of the building official are outstanding), the residential building official shall issue a certificate of occupancy in a timely manner.
110.1.1 New residential buildings. A residential building or structure erected shall not be used or occupied, in whole or in part, until the certificate of occupancy has been issued by the residential building official.
110.1.2 Residential building alterations or additions. A residential building or structure enlarged, extended or altered, in whole or in part, shall not be occupied or used until a certificate of occupancy has been issued. Occupancy of spaces within a residential building which are unaffected by the work of alteration shall be allowed to continue if the residential building official determines the existing spaces can be occupied safely until the completion of the alteration.
110.1.3 Existing buildings. Upon written request from the owner of an existing residential building or structure, the residential building official shall issue a certificate of occupancy, provided there are not violations of law or orders of the residential building official pending, and it is established after inspection and investigation that the alleged occupancy of the building or structure has previously existed. This code shall not require the removal, alteration or abandonment of, or prevent the continuance of, the occupancy of a lawfully existing building or structure, unless such use is deemed to endanger public safety and welfare.
110.1.4 Partial occupancy. Upon the request of the owner or owner’s representative, a residential building official shall issue a certificate of occupancy before the completion of the entire work, provided that the residential building official determines that the space can be safely occupied prior to full completion of the residential building, structure, or portion without endangering life or public welfare. The certificate shall indicate the extent of the areas approved for occupancy and any time limits for completion of the work.
110.1.5 Time-limited occupancy. A residential building or structure hereafter changed in part from one occupancy to another for a limited time may receive a certificate of occupancy reflecting that time-limited occupancy provided:
1. There are no violations of law or orders of the residential building official pending;
2. It is established after inspection and investigation that the proposed use is not deemed to endanger public safety and welfare safely;
3. The residential building official has approved the use for an alternative purpose on a temporary basis;
4. The residential building official has issued a certificate of occupancy indicating any special conditions under which the residential building or part of the building can be used for the alternative purpose within the time limit specified.
110.2 Validity of a certificate of occupancy. The certificate of occupancy represents an approval that is valid only when the residential building or structure is used as approved and certifies conformance with applicable provisions of the RCO and Chapters 3781. and 3791. of the Revised Code. The approval is conditioned upon the residential building systems and equipment being maintained and tested in accordance with the approval and applicable equipment and systems schedules
110.3 Certificate issued. The certificate shall certify compliance with the provisions of this code, Chapters 3781. and 3791. of the Revised Code, and the purpose for which the residential building or structure may be used in its several parts. The certificate of occupancy shall contain the following:
1. The plan approval application number.
2. The address.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.
5. The signature of all residential building officials having jurisdiction. When more than one residential building official has jurisdiction for a residential building (when the certification of the building department is limited for systems as plumbing or piping systems) each shall sign the certificate of occupancy with an indication of the scope of their individual approvals.
6. The edition of the residential code under which the plan approval was issued.
7. When an automatic sprinkler system is provided, the type and description of the system shall be indicated.
8. Any special stipulations and conditions of the plan approval including any variances granted to the requirements of this code.
110.4 Temporary occupancy. The residential building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the approval, provided that such portion or portions shall be occupied safely. The residential building official shall set a time period during which the temporary certificate of occupancy is valid.
110.5 Revocation. The residential building official shall, in writing, suspend or revoke a certificate of occupancy 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.
Effective: 05/27/2006
R.C. 119.032 review dates: 05/27/2011
Promulgated Under: 119.03
Statutory Authority: 3781.10(A)
Rule Amplifies: 3781.10, 3781.11, 3791.04