When engaging in a commercial real estate transaction in Duval County, Florida, it is essential to obtain a Certificate of Use. This certificate ensures that the property is zoned for the intended use and complies with all relevant regulations and codes.
What is a Certificate of Use?
A Certificate of Use, often referred to as a COU, is a Zoning certificate that confirms the space the business occupies complies with three items: 1) local Zoning ordinances, 2) the Florida Fire Prevention Code, and 3) the Florida Building Code.
Zoning
Zoning approval is usually straight forward: Is the proposed use compatible with the Zoning of the property? Some common issues that can make Zoning approval more complicated include meeting the required parking for the proposed use, alcohol sales, or even outside dining. Be sure to disclose the full scope of your proposed use when discussing these items with the Zoning team. You do not want to find out a week before you hope to open that you need to rezone your parking lot.
Occupancy Classification
Before the Florida Fire Prevention Code and the Florida Building Code can spell out what is required to maintain the minimum health and safety standards for your space or building, the State of Florida requires that you first define your Occupancy Classification. This is determined by your proposed use. For example, a restaurant is typically an Assembly occupancy classification; a car repair shop a Storage occupancy classification. Occupancy Classifications are even divided into groups to further define the health and safety requirements depending on the use of the space. The occupancy classification is so important and determines many less obvious requirements. It is highly recommended a Florida licensed design professional be involved.
If your proposed use for a space or building matches the last certified occupancy classification group for the space (“certified” meaning all proper permits were pulled to ensure code compliance for that use) the verification of compliance with the Florida Fire Prevention Code and Florida Building Code for your COU is simple. We can simply verify compliance with records in our system. Often the proposed use will not match the last certified use and this is when things become more complicated. Because the fire and building code have different requirements for the various occupancy classifications and groups within those occupancy classifications, a converting use building permit will be required to be obtained and finalized prior to the approval of the Certificate of Use.
Converting Use Building Permits
A converting use building permit is a separate process from the application you submitted for the Certificate of Use and will document and certify the Change of Use for the space/building. Florida law will require you hire a Florida licensed design professional to prepare permit documents, such as a set of plans, that will detail your use of the space/building and then demonstrate how it complies with the health and safety requirements of Florida’s fire and building codes. As you can see, these are state and not local requirements.
Even if no work is required to be performed to convert the use of the building or space to a new Occupancy Classification or even to a different group within an Occupancy Classification, a converting use building permit will be required. That said, many times work will need to be performed. If work is required to be performed, again per state law, you will need to hire a Florida licensed contractor to perform this work. This may include items such as adding a non-structural wall, updating A/C systems for ventilation, adding drinking fountains or mop sinks, or even adding new exit lighting. All of these items require a contractor.
Why Do I Need Drawings and a Design Professional? I Am Not Doing Any Work!
A common question, especially when a new tenant/owner does not anticipate any work to be performed. When the scope of work includes a “change of use”, either in part or in whole, Chapter 10 of the Florida Building Code, Existing Building includes mechanical / electrical / plumbing requirements for a change of use. Compliance with these requirements must be demonstrated in the permit documents.
Evaluating a Space/Building Before you Sign a Lease
As a new business owner, you have already done your research to include all of the costs to open your business. Please do not neglect to count the cost of what it may take to bring a space/building up to the minimum health and safety standards the state requires for your business.
Consulting with a licensed design professional, contractor, or even a company that specializes in obtaining Certificates of Use before you sign a lease on that dream space can save you from renting a bag full of problems.
These professionals specialize in understanding the building and fire codes and can help you translate your goals, dreams, and budget into the permits and documents required to navigate the Certificate of Use process. As with hiring any professional, always talk to multiple firms, check references (and prices), and take any other steps necessary to ensure the person you are hiring is the best fit for you and your business.
How to Obtain a Certificate of Use?
Step 1
The first step for any business wishing to occupy a building or space is to apply for a Certificate of Use (COU). A Certificate of Use is a Zoning requirement consisting of a (3) three tier review process requiring approval from all three of the following agencies: Zoning , Building Inspections and the Fire Marshal’s Office. Additionally, a change in name or ownership that occurs with alterations or changes to the use of the property will require a Certificate of Use review. In the case of a business change or a change in ownership, the Certificate of Use shall be filed to reflect the new name of the business or change in ownership.
Step 2
The next step after receiving Zoning approval, will be to submit a Building Permit for the proposed use of the space. Architectural drawings with a permit application must be submitted to the Building Inspections Division for review and approval. The intended use of the space must meet the minimum occupancy requirements outlined in the Florida Building Code and the Fire Prevention Code.
Architectural Plans
A Florida licensed design professional must be employed to produce digitally signed & sealed scaled drawings to confirm that the building / tenant space is either in compliance with the building and fire codes, or proposed work required in the building/space to comply with these codes. The drawings and building permit application must be electronically submitted to the Building Inspection Division by a licensed contractor, a design professional, a private provider plan reviewer or a permit expediter. This process is required whether or not structural alterations occur within the space.
Building Permits for Certificates of Use
Building Permits need to be submitted through an electronic submittal process, by a Contractor or Design Professional.