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Certificate of Occupancy in City of Montgomery, Alabama

What is a Certificate of Occupancy? (C.O.)

A certificate of occupancy (C.O.) is a document issued by the building department which allows for lawful occupancy or use of a building or tenant space and permits the applicant to obtain a business license. The C.O. contains information concerning the owner or tenant, address of the building or space, a description of the portions of the building, the use intended, the building code verifications for the group and classification of the building or structure, and the approval of the Building Official.

When is a C.O. required?     

When a new building is constructed and is to be occupied; Before a business or liquor license is can be issued; If an existing building or lease space is remodeled, enlarged, or altered; When any new use, tenant, or occupant is established; When any use, tenant, or occupant of any tenant or lease space is changed; If there is a change in use which would place the building or lease space in a different occupancy classification (group and/or division) as referenced in the International Building code. No building or structure shall be erected, altered, converted, arranged, or used in a manor contrary to the allowances of the zoning ordinance. If an intended use is not allowed by current zoning regulations, there are processes set up for possible appeals and or changes to the current zoning of such properties. Therefore, if a re-zoning or appeal is needed, it follows that a certificate of occupancy cannot be issued until such time as the re-zoning or appeal is granted. Why is a C.O. needed? It is the final step in building construction regulations and is required by law prior to occupying and/or use of a building or space within a building. When a building is existing and undergoes a change of use/occupancy, a new C.O. is required by those same laws. Its intent is to complete the process of providing a reasonable level of safety, public health and general welfare of the built environment. How is a C.O. obtained? For new or remodel construction, a C.O. is typically issued at the completion of the final inspections and is generally your contractor’s responsibility to obtain. However, no one has the right to occupy the building without a C.O. and to occupy without is illegal. For an existing building, the owner or tenant must complete the C.O. Application, pay the associated fee and make arrangements for access to the building for our inspectors for inspection. Please note, spaces containing building equipment (mechanical equipment, water heaters, electrical rooms…) must be accessible (ladder, keys, general access provided). Inspectors will provide information pertaining to the trade they represent in order for owner/tenant to make or have made the repairs if any and inform as to whether a permit is required for the work related to the trade. If no changes are needed or at the conclusion of work, a final inspection is conducted at the request of permittee and a C.O. is issued.

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