How to Read a Certificate of Occupancy for a Commercial Space
A certificate of occupancy states the use and occupancy, the type of construction, the design occupant load and whether sprinklers are required (Florida Building Code, Building, section 111.2).
At Reach Commercial Real Estate, we represent tenants. We help you find locations, compare costs, investigate property questions and negotiate the lease.
1. Know when a certificate of occupancy is required
A building cannot be used or occupied until the building official issues a certificate of occupancy (Florida Building Code, Building, section 111.1). A change in the existing use or occupancy classification needs one too.
A certificate is not required for work exempt from permits under section 105.2. Issuing a certificate does not approve a violation of the code or of other local ordinances.
In Melbourne, the development process begins with the review of plans. It ends with a Certificate of Occupancy or Certificate of Completion (City of Melbourne, Developing in the City of Melbourne).
2. Find these items on the certificate
The certificate lists these items (Florida Building Code, Building, section 111.2):
The permit number.
The address.
The owner.
The portion of the structure.
The use and occupancy under Chapter 3.
The type of construction.
The design occupant load.
Whether a sprinkler system is required, where one is provided.
Special stipulations.
3. Match the use line to your business
The use line follows Chapter 3 of the Florida Building Code, which assigns each use to a group:
Restaurants, cafeterias and similar dining facilities, including associated commercial kitchens, plus taverns and bars, nightclubs and banquet halls: Group A-2 (section 303.3).
Gymnasiums without spectator seating: Group A-3 (section 303.4).
Barber and beauty shops: Group B (section 304.1).
Retail or wholesale stores: Group M (section 309.1).
Bakeries: Group F-1 (section 306.2).
A building or tenant space used for assembly with an occupant load under 50 is Group B (section 303.1.1). A use that is not listed goes in the group it most nearly resembles, based on fire safety and relative hazard (section 302.1).
4. Check the design occupant load and the sprinklers
The design occupant load comes from the floor area per occupant for your use (Florida Building Code, Table 1004.5). The table lists 50 gross square feet for exercise rooms, 200 gross for commercial kitchens, 60 gross for mercantile and 150 gross for business areas.
For assembly without fixed seats, it lists 7 net for chairs only, 5 net for standing space and 15 net for tables and chairs. A coffee shop dining area of 600 net square feet with tables and chairs holds 40 occupants at 15 net square feet each.
For Group A-2, sprinklers are required in any of these cases (section 903.2.1.2):
The fire area exceeds 5,000 square feet.
The fire area has an occupant load of 100 or more.
The fire area is on a floor other than the level of exit discharge.
In Florida, a restaurant, cafeteria or similar dining facility needs sprinklers only if its fire area occupancy load is 200 patrons or more. That includes an associated commercial kitchen.
For promising spaces, bring your contractor and design professional into the review. We help gather property information. They evaluate the technical work and cost.
5. Bring the certificate into the lease discussion
We want to know which approvals apply before you commit. If other approvals are needed, we bring the expected process and timing into the lease discussion.
We compare offers on total occupancy cost. That means base rent, CAM, taxes, insurance, escalations, buildout and the months of rent you will pay while contractors are still on site.
Our lease checklist includes a TI allowance, free rent during the buildout and a permit contingency.
Extra items to add to your list
Approved plans limit the use. Permits and certificates issued on approved plans authorize only the use, arrangement and construction in those plans (Appendix B, Article IX, Section 3).
A temporary certificate. The building official can issue one before the work is complete if the finished portions can be occupied safely. The official sets the time period (Florida Building Code, Building, section 111.3).
Impact fees. In unincorporated Brevard County, impact fees have to be paid before pre-power and the certificate of occupancy.
Building occupancy on the tax receipt checklist. The Brevard County Tax Collector lists Building Occupancy among the prerequisites for a new location. It says its Business Tax Receipt does not ensure that the premises have the appropriate building occupancy or life safety requirements.
Start your search with Reach
You do not need to find the property before calling us. In most deals the landlord pays our fee.
Call 321-514-0876 with your business type, seating goal, preferred area and target opening date, or with the address of a space you have found.
Related: the leasing guide.
Frequently Asked Questions
How long does a building official have to issue a certificate after a private provider's inspections?
10 business days after the request, once the applicant presents a certificate of compliance and all other government approvals, with outstanding fees paid (Florida Statutes, section 553.791(16)(a)). By then the official must issue the certificate or give notice of incomplete forms or documents. If the official misses that window, the request is automatically granted and deemed issued on the next business day (section 553.791(16)(b)).
Can the design occupant load be higher than the Table 1004.5 figures give?
Yes. The load can go up if all other code requirements are met for that number. The limit is one occupant per 7 square feet of occupiable floor space (Florida Building Code, Building, section 1004.5.1).
Sources
Written by Cassandra Hartford, founder and CEO of Reach Commercial Real Estate. She has worked in Brevard County commercial real estate for 17 years, representing buyers, sellers, landlords, and tenants across Florida's Space Coast.
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