File #: ORD-13:018    Version: 1 Name: Amend Code related to temporary certificates of occupancy
Type: Ordinance Status: Passed
File created: 4/30/2013 In control: Public Works Council Committee
On agenda: Final action: 5/28/2013
Title: AN ORDINANCE TO AMEND SECTION 117-33 OF CHAPTER 117 OF THE JONESBORO CODE OF ORDINANCES OF THE CITY OF JONESBORO, ARKANSAS FOR THE PURPOSE OF CLARIFICATION ON THE PERMIT REQUIREMENTS AS IT RELATES TO REQUIREMENTS FOR TEMPORARY CERTIFICATES OF OCCUPANCY
Sponsors: Planning, Inspections
Indexes: Code of Ordinances amendment
Code sections: Chapter 117 - Zoning
Attachments: 1. CertificateofOccupancy_Ordinance Mark Up Copy
Title
AN ORDINANCE TO AMEND SECTION 117-33  OF CHAPTER 117 OF THE JONESBORO CODE OF ORDINANCES OF THE CITY OF JONESBORO, ARKANSAS FOR THE PURPOSE OF CLARIFICATION ON THE PERMIT REQUIREMENTS AS IT RELATES TO REQUIREMENTS FOR TEMPORARY CERTIFICATES OF OCCUPANCY
Body
WHEREAS, currently Chapter 117, Section 117-33, the Zoning Ordinance specifies specific requirements regarding the issuance of certificates of occupancy;
 
WHEREAS, The City of Jonesboro desires to encourage orderly development and provide clarity in the permit submittal requirements and approval processes,  and assure that City standards comply with the State of Arkansas architectural licensing requirements for residential and commercial construction as well as the International Existing Building Code (IEBC), and
 
BE IT ORDAINED by the City Council for the City of Jonesboro, Arkansas that:
 
SECTION ONE: That Chapter 117, Section 117-33 of the Jonesboro Code of Ordinances is hereby amended as follows:
 
Sec. 117-33. Certificate of occupancy.
(a) Certificates of occupancy are required to ensure that completed structures and the development of property of which such structures are a part, comply with the provisions of this chapter, as well as any site plans or conditional approvals for such structures and development.
(b) The building inspector shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in this chapter, and the building code.
(c) A certificate of occupancy must be applied for and issued by the building inspector prior to occupancy and use of a structure or premises for any of the following:
(1) Any new structure.
(2) Any addition to an existing nonresidential structure.
(3) Any change in occupancy or use of a building or premises that involves nonresidential occupancy.
(4) Placement or change in occupancy of any mobile home on any lot or parcel, regardless of use.
(d) A certificate of occupancy shall be applied for coincidently with the application for a building permit, and must be issued before the occupancy and connection of utilities to such building.
(e) The building official or his designated agent shall inspect the property which is the subject of an application within a reasonable time, after a completed application has been filed, and shall issue a certificate of occupancy if the premises of the property comply in all respects with the applicable development regulations in effect for the city. If the premises do not so comply, the building official shall deny the application in a written notice mailed to the applicant with five days, excluding weekends and holidays, after the inspection of the property, specifying the provisions of which ordinance or code the structure or development does not comply.
(f) A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion of the building. A temporary certificate of occupancy shall be valid for a period not exceeding six months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the city relating to the use or occupancy or any other matter required by this chapter.
(g) Information required for submission to obtain a certificate of occupancy shall include:
      (1) The name of applicant.
      (2) The nature and extent of the applicant's ownership or interest in the subject property.
      (3) The address of the property for which a certificate is requested.
      (4) Such other information as requested by the Building Official to ensure conformance with applicable development regulations and to assure compliance with the Arkansas Fire and Prevention Code Volume II,  Section 110, Subsection 110.3.
      (5) Letter signed and dated by owner stipulating all outstanding issues as required by the Engineering Department and the Planning Department.
      (6) Under no circumstances will a temporary certificate of occupancy be issued until all life safety, all final electrical, HVAC and Plumbing inspections pass and are in compliance with current codes.
 
PASSED AND APPROVED on this 28th day of May, 2013.