(a) Purpose. Issuance of a certificate of occupancy shall be required prior to the occupancy or use of any new construction and re-occupancy or re-use of any renovation/rehabilitation in the City of Asheville. Certificates of occupancy insure that a completed development project has complied with all of the applicable requirements of this chapter, with the applicable standards of the North Carolina State Building Code, and all other applicable federal, state, and local regulations.
A temporary certificate of occupancy shall be issued only when the following conditions are met:
(1) Remaining or outstanding work other than that required by the North Carolina State Building Code has been bonded (or an irrevocable letter of credit provided) in the amount of one-and-one-half times the estimated cost of completing the work;
(2) Limitations on occupancy by building area, use, and occupancy type (for example, occupancy by employees but not the public) imposed by the fire department or building safety department are agreed to by the applicant; and
(3) Outstanding work involving life safety features or components is approved for such temporary certificate of occupancy by the fire chief.
(b) Pre-application procedure. Although a pre-application conference is not required, applicants are encouraged to contact the building safety department prior to requesting a certificate of occupancy to discuss the procedure.
(c) Plan submittal—filing of application. A request for a certificate of occupancy may be made by the owner of the property or by an agent authorized by the owner to make the request. The request for a certificate of compliance shall be made at the development and permitting center.
(d) Staff review. Upon receipt of the request for a certificate of occupancy, the planning and development director, the director of public works, the fire chief, the city engineer, and the director of building safety and/or their designee(s) shall inspect the project building(s) and site for compliance with the approved site plan or subdivision plat and the applicable standards of this chapter, with the applicable standards of the North Carolina State Building Code, and all other applicable federal, state, and local regulations. The building(s) and site shall be inspected within ten working days of the receipt of the request for a certificate of occupancy. The applicant shall be notified of any deficiencies in the building(s) or site which prevent the issuance of the certificate of occupancy. No further action shall be taken to issue the certificate of occupancy until all deficiencies are corrected and a reinspection is performed.
The certificate of occupancy shall be issued only upon finding that the building(s) and site comply with all applicable requirements, including any conditions placed on a project under the provisions of this chapter.
(e) Public notification. No public notification is required for requests for certificate of occupancy.
(f) Formal review. No formal review of requests for certificate of occupancy is required.
(g) Variances. There are no provisions for a variance from the requirement that a certificate of occupancy be issued for all new construction and renovation/rehabilitation to insure compliance with the requirements of the City of Asheville and with the North Carolina State Building Code.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 8, 11-11-97; Ord. No. 3708, § 1, 3-10-09; Ord. No. 4361, § 1h, 3-23- 21)