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On our front page this week

  • Nephi City Council discussed a possible revision to the city's policy regarding occupancy permits and the completion of construction on commercial developments


By Myrna Trauntvein
Times-News Correspondent

A certificate of occupancy is issued, in Nephi, after the building inspector completes and approves all required inspections including the final inspection as outlined in the code.

The council discussed a possible revision to the city's policy regarding occupancy permits and the completion of construction on commercial developments.

"This revision would put into place those regulations we have discussed in the past," said Randy McKnight, city administrator. "This ordinance explains what criteria should be used to meet city requirements and was expanded to include, as far as possible, those existing buildings which are expanding and commercial development."

If council members were comfortable with the philosophy, then it would be appropriate to put the changes in place in the ordinance as it was approved and revised.

The council was comfortable with the revised document and did vote to adopt it.

A person could obtain a temporary occupancy certificate but it would have an expiration date, McKnight said, which would give the city legal authority to change electric utilities back to the temporary and more expensive power rate. In addition, all utilities would be put back on the temporary rate.

It does give the city an element of control, said McKnight.

"It is a violation of the building code and of Nephi City ordinances to occupy a structure prior to the issuance of a valid certificate of occupancy," he said.

In order to pass the final inspection, the payment of all applicable connection and development fees and the completion of all required site improvements will be included in the final inspection.

Included as site improvements are curb, gutter, sidewalk, and asphalt installation of new residential construction and all improvements required by the approved site plan for other types of construction.

No permanent electric connection will be made at construction sites until the certificate of occupancy is issued," said McKnight. "The permanent connection will be made available for specific construction processes when approved by the building inspector but will not be allowed to remain for unauthorized occupancy."

Temporary utility rates remain in effect until the certificate of occupancy is issued. The occupancy permit, signed by the building inspector, must be delivered to city hall at the time permanent power and regularly utility rates are requested.

"Occupying new construction prior to the issuance of an occupancy permit is a violation of the Uniform Building Code and is a crime," McKnight said.

However, a temporary occupancy permit may be obtained if no life-safety-related construction or improvements are incomplete and if all other required construction or improvements that are incomplete are guaranteed as required by the city zoning ordinance.

In the case of existing commercial development required to meet the commercial development standards, a temporary occupancy permit may be obtained if no life-safety related construction or improvements are incomplete and if all other required construction or improvements that are incomplete are guaranteed as required by the city or by a lien on the property.

"If an expiration date is given for the temporary occupancy permit, and the improvements are not complete, temporary utility rates will be reinstated and the city may take other action deemed appropriate to secure completion," said McKnight.

With each building permit issued, an inspection card will also be issued. It is the contractor's responsibility to post the inspection cared at the construction site so that it is protected from weather but is available to the building inspector at times.

The card becomes the record of inspections and must be turned in, when completed before an occupancy permit will be issued. A $50 replacement fee is charged if the card is lost.

The contractor must call city offices and schedule each inspection. The building code requires 24-hours notice from the contractor for each inspection.

A re-inspection fee is charged when multiple trips are required to accomplish a single inspection because the work for which the inspection was requested was not complete or when corrections specified have not been completed.

"This fee will not be assessed by Nephi City the first time a job is rejected for failure to comply with the code, but will be used to control the practice of calling for inspections before the job is ready for inspection or re-inspection," said McKnight.

In order for the city to monitor the licensing of subcontractors, which has been requested by contractors licensed by the city, the name and contractor license number of each subcontractor must be listed on the back of the inspection cared and approved by the building inspector before the subcontractor performs work at the site.