Can a Tempe business open with a temporary certificate of occupancy? City Code 8-111

Section 111.1 says a building or structure "shall not be used or occupied in whole or in part," and a change of occupancy "shall not be made," until the building official has issued a certificate of occupancy. An exception says certificates "are not required for work exempt from permits in accordance with section 105.2."

Section 111.2 says the certificate issues after the building official inspects and finds no violations of the Administrative Code, the Tempe Construction Codes or other laws the Building Safety Division enforces. For a building permit issued under the International Building Code it lists the permit number, address, portion covered, use and occupancy, type of construction, design occupant load, whether a sprinkler system is required and any special stipulations.

Section 111.3 is the temporary certificate. The building official may issue one "before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely." The official sets any conditions and the time period. The fee in Table 2-A is paid before issuance. Then the limit in the quote above applies: 30 days each, no more than three per permit.

Section 111.4 lets the building official suspend or revoke a certificate in writing if it was issued in error, on incorrect information, or where the building violates a code or ordinance.

Section 111.5 lets the building official issue a certificate of completion for a building or structure "permitted as a basic or shell building which cannot be occupied." The permit holder may request the resulting letter of compliance after a final inspection of the building and the plumbing and other systems shown on the approved plans. The letter "does not authorize the occupancy of the building or structure."

• Final inspection. Section 110.3.2 says it is made after all work shown on the construction documents is completed, with systems under the prescribed tests when applicable. Section 110.6 requires a final inspection and approval "prior to any occupancy or use."
• Temporary certificate. Permission to occupy a safe portion before the whole permit is finished. The code does not define "safely"; a reading is that the official decides case by case.
• Letter of compliance. The 111.5 document for a shell building. It records finished work. It is not permission to move in.
• Table 2-A. The flat fee table in Appendix A of the City Code. Fees adjust each July 1 by CPI, according to the table's footnote.

Anyone opening a new space or changing the use of an existing one in Tempe: owners, tenants, general contractors and plumbers who finish last.

It does not apply to work exempt from permits. The 111.1 exception says no certificate is needed for work exempt under 105.2, such as a like-for-like water heater replacement in a single family home.

A restaurant with an unfinished patio. The kitchen, restrooms and grease device passed. The patio hose bibs have not been inspected. The owner asks for a temporary certificate for the dining room. If granted, it runs 30 days at $1,006. Three in a row would total $3,018 in Table 2-A fees, which is simple arithmetic on the table, not a rate the city quotes.

A salon moving into a strip center. Plumbing is signed off and the final building inspection is done. A full certificate issues. No temporary document is needed.

The edge case: day 91. A tenant takes a first temporary certificate, then a second, then a third. The code allows no more than three per permit and Table 2-A says "up to 90 days." After the third, the code gives that permit no further temporary certificate, so the work has to be finished and the full certificate issued.

A meter box problem. Section 33-39 says the water meter box access cover must be exposed and not lower than finished grade, and Community Development "shall deny final approval and certificate of occupancy" until it is. A new asphalt or landscape grade that buries the lid can hold the certificate.

1. 1Ask the permit counter whether a temporary certificate is possible for your portion before you fall behind. The building official decides, based on safe occupancy.
2. 2Request the final plumbing inspection from Building Safety and leave work exposed until approved (110.1). Inspection requests may be required at least one working day ahead (110.5).
3. 3Confirm the meter box lid sits at finished grade before the final inspection.
4. 4If the plans show a backflow assembly, see the backflow on plans page, because test results and the assembly need to be in place first.
5. 5For a temporary certificate, pay the Table 2-A fee before it is issued and calendar the day it ends.
6. 6Call Building Safety at 480-350-4311 with the permit number if a certificate is delayed.

• Reading temporary as open-ended. Each is limited to 30 days, with no more than three per permit.
• Opening once plumbing passes. Tempe City Code 8-110.6 requires the final inspection and approval of all construction before any occupancy or use, and the certificate comes from the building official.
• Moving in on a certificate of completion. The code says the letter of compliance does not authorize occupancy.
• Believing a certificate cannot be taken back. Tempe City Code 8-111.4 allows revocation for errors, incorrect information or violations.

The city's code text governs; this page explains it.