Can a Scottsdale business open on a temporary certificate of occupancy?

Scottsdale rewrote IBC Section 111.3 so the building official may issue a temporary certificate "as outlined below." For a nonresidential building, the trigger is that the building official "finds no substantial hazard will result from occupancy of any nonresidential building or structure, or portion thereof, before it is completed." The applicant then has to agree to four conditions:

1. 1Diligently pursue and finish the required work before the temporary certificate expires, and request a final inspection.
2. 2Accept that the certificate expires at the time stated on it. In the code's words, it will "expire at the time stated in the certificate, not to exceed 180 days, and power will be de-energized." On expiration the building "shall be immediately vacated."
3. 3Accept that neither the city nor the utility company is liable for damages or delays if power is cut.
4. 4Pay the deposit in Section 111.3.5.

The deposit section sets the money. "A cash deposit is required for each temporary certificate of occupancy." It equals all permit fees for the project, including foundation, building, electrical, mechanical and plumbing permit fees, "or $2,500.00, whichever is greater." Occupy without a valid certificate and the deposit is forfeited. Otherwise it is refunded within 30 days of the final certificate, less a $200 administrative fee.

The city's Certificate of Occupancy page adds one option the code text does not mention: the deposit can be "a refundable cash deposit or irrevocable letter of credit acceptable to the Building Official." It also lays out the inspection sequence. Inspections 013 (off-site), 032 (on-site) and 036 or 037 (fire, and on commercial or multi-family buildings the backflow preventer) must be approved before you request the 025 Temporary C of O inspection, and a Lock Out/Tag Out Agreement is part of the paperwork.

Two more pieces matter. The building official may extend a temporary certificate on a written request "showing that circumstances beyond the applicant's control have prevented the completion of the project." And the applicant must be the owner or the owner's authorized agent, with the owner's authorization on file.

• Substantial hazard. The code does not define it. A reasonable reading: an open item that would endanger people inside, as opposed to finish work. The building official makes that call.
• Nonresidential building or structure. Offices, shops, restaurants, warehouses and similar. Single-family homes fall under a separate subsection (111.3.2).
• De-energized. Electric service is shut off. For a restaurant, that means refrigeration, lights and pumps.
• Authorized agent. A tenant, contractor or manager acting for the owner, with written authorization the building official accepts.

Owners and tenants of nonresidential buildings in Scottsdale who need to occupy before final completion. Single-family dwellings can also get one, but only with "justifiable cause," and the certificate "shall not be valid for more than 90 days."

This does not apply if the building official finds a substantial hazard. It also does not let you skip required life-safety or utility items, and plumbing has one written into city code: Sec. 49-68(c) says backflow assemblies must be "tested by a certified tester and shown to be operating correctly before a temporary certificate of occupancy is issued by the City."

A bakery in Old Town. The interceptor and fixtures passed, the RP assembly on the domestic line passed its startup test, and only exterior signage and landscaping remain. The building official finds no substantial hazard. The bakery posts the deposit, which is the larger of its total permit fees or $2,500, and opens with a certificate dated 90 days out.

A medical office that runs long. Ceiling work stalls when a light fixture order is backordered. Before the certificate's date, the owner submits a written extension request explaining the supplier delay, which fits "circumstances beyond the applicant's control."

The edge case. A restaurant asks for a temporary certificate while its backflow assembly is still waiting on a certified test. The answer flips to no. Sec. 49-68(c) puts the test before the temporary certificate, so the clock cannot start until a tester signs it off.

1. 1Make sure every backflow assembly on your plans has its separate installation permit and a passing test by a certified tester (Sec. 49-68(b) and (c)). The city's 037 backflow inspection has two visits: one for size, type, location and installation, and one "to check testing and certification by an approved testing agency."
2. 2Ask your inspector which open items the building official would treat as hazards.
3. 3Line up the owner's written authorization if a tenant or contractor will apply (111.3.4).
4. 4Total the project's permit fees so you know whether the deposit is that sum or $2,500.
5. 5Submit the paperwork and the deposit or letter of credit, get the 013, 032 and 036 or 037 inspections approved, then schedule the 025 Temporary C of O inspection with Inspection Services at 480-312-5750.
6. 6Calendar the expiration date, request the final inspection early, and file any extension request in writing before the date.

• Myth: a temporary certificate can be renewed by phone. Extensions require a written request showing circumstances beyond the applicant's control.
• Myth: the deposit comes back in full. The refund is less a $200 administrative fee, and it is forfeited if the building is occupied without a valid certificate.
• Myth: plumbing can wrap up after we open. Not for backflow. The city code puts the certified test before the temporary certificate.
• Myth: every temporary certificate runs 180 days. 180 is the ceiling for nonresidential buildings. The certificate expires "at the time stated in the certificate," and a single-family one is capped at 90 days.

Occupying without a valid certificate forfeits the deposit to the city. When a temporary certificate expires, power is de-energized and the building must be vacated immediately.