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When can a Temporary Certificate of Occupancy be issued for a new building?

Correct Answer

B) When the building is substantially complete and safe for intended use

A Temporary Certificate of Occupancy can be issued when the building is substantially complete and safe for its intended use, even if minor items remain unfinished. This allows occupancy while final details are completed.

Answer Options
A
When 75% of construction is complete
B
When the building is substantially complete and safe for intended use
C
When all inspections except final are complete
D
When the contractor requests it in writing

Why This Is the Correct Answer

A Temporary Certificate of Occupancy (TCO) is issued when a building is substantially complete and safe for its intended use, even if minor finishing work remains. The key criteria are substantial completion and safety for occupancy, not a specific percentage of completion or all inspections being done. This allows property owners to begin using the building while contractors complete final details like landscaping, minor finishes, or punch list items.

Why the Other Options Are Wrong

Option A: When 75% of construction is complete

A specific percentage like 75% is not the determining factor for a TCO. The building could be 90% complete but still unsafe for occupancy, or 70% complete but substantially safe for use. The focus is on functional safety and substantial completion, not an arbitrary percentage.

Option C: When all inspections except final are complete

A TCO can be issued even when some inspections remain incomplete, as long as the building is substantially complete and safe. The final inspection specifically may not be complete since minor work often remains, but critical safety systems must be functional and inspected.

Option D: When the contractor requests it in writing

A contractor's written request alone does not trigger TCO issuance. The building official makes the determination based on the actual condition of the building meeting substantial completion and safety standards, regardless of who requests it or how the request is made.

Memory Technique

TCO = 'Two Criteria Only' - Substantially complete + Safe for use

Reference Hint

Florida Building Code, Chapter 1, Section 110 - Certificate of Occupancy provisions

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