Can someone please explain the nuances of Certificate of Occupancy? I understand that it must be issued by the AHJ but I was under the impression the owner would be responsible for obtaining it. However, I am seeing some sources that say that it is the contractors responsibility. Also, if the CO is meant to deem occupancy, shouldn’t it be obtained prior to substantial completion as that is when the building can be occupied by the owner? I am seeing info that it is submitted by the contractor as part of their final completion close out docs?
Hi @gganesh thanks for writing in!
The Certificate of Occupancy (CO) process is highly location specific - different municipalities are going to have their own processes for it. So, if you have experience in this aspect of a project from your professional career, I would try to put that to the back of your mind as you study for the ARE, as it could cause more confusion than help.
For the purpose of the ARE, refer to AHPP and the AIA contracts. AIA A201 does not require a CO as a condition of the architect issuing the certificate of substantial completion, however AHPP notes on page 732 that the owner may wish to include this condition. I believe the reason that it’s not included as a condition for issuance of the certificate of substantial completion is because obtaining a CO from the AHJ could take quite some time, and the timeframe is out of the contractor’s control to a certain extent. Therefore, it would be unfair to the contractor if they have to wait, for example, several months for the issuance of the CO before they can be paid for work done to achieve substantial completion.
I hope that’s helpful and good luck on your next exam!