USE AND OCCUPANCY REQUIREMENTS FOR NEW BUILDINGS AND ALTERATIONS TO EXISTING BUILDINGS
The following matrix summarizes the requirement for occupancy inspections from the Office of the Fire Marshal for the contextualized content below.
| Type of Building or Structure | Use and Occupancies* | Pre-Occupancy | Non-RUP | Post-Occupancy |
|---|---|---|---|---|
| New Construction - Shell only | B, F, M, S, or U |
|
Required
|
Required1 |
| New Construction - Shell only | A, E, H, I, or R-1 | Required2 |
Required
|
|
| New Construction - Full Commercial Incl. Tenant Work | B, F, M, S, or U |
Required
|
Required1 | |
| New Construction - Full Commercial Incl. Tenant Work | A, E, H, I, R-1, or R-2 (with A) | Required2 |
Required
|
Required1 |
| New Construction - Initial Tenant | B, F, M, S, or U |
|
Required | Required1 |
| New Construction - Initial Tenant | A, E, H, I, or R-1 |
Required3
|
Required
|
Required1 |
| New Construction - Initial Tenant | R-2 |
|
Required
|
Required1 |
| Existing Building - Change in Owner or Tenant (No Building Permit) | B, F, M, S, or U |
Required
|
Required1 | |
| Existing Building - Change in Owner or Tenant (No Building Permit) | A, E, H, I, R-1, or R-2 (with A) | Required3 |
Required
|
Required1 |
| Existing Building - Change in Owner or Tenant (Building Permit) | B, F, M, S, or U |
Required
|
Required1 | |
| Existing Building - Change in Owner or Tenant (Building Permit) | A, E, H, I, R-1, or R-2 (with A) |
Required4
|
Required
|
Required1 |
| Existing Building - Change of Name Only | any |
Required
|
|
|
| Projects issued in Town of Herndon | refer to rows above | Required5 | refer to rows above |
*Use and occupancies are defined in Chapter 3 of the Virginia Construction Code.
1 - Schedule 1) when the business space has opened to the public, 2) after all interior setup is in place, and 3) within 10 days of opening via the Occupancy Inspection record (FOCC-POST-YYYY-NNNNN).
2 - To be scheduled by owner after successful completion of final construction inspection and prior to any tenant occupancies. PLUS users will have a Building Commercial New record (BLDC-YYYY-NNNNN).
3 - To be scheduled by tenant before taking occupancy and issuance of Non-RUP/Certificate of Occupancy. (Zoning Ordinance, Article 8, 8100.9, B (1))
4 - To be scheduled after successful completion of final construction inspection. PLUS users will have an Addition/Alteration record (ALTC-YYYY-NNNNN).
5 - Issued by local jurisdiction
Special Inspections Program
(extract of pages 77-80)
The requirements of this section apply for all nonresidential commercial construction projects of Groups A (assembly), B (business), E (educational), F (factory), H (high-hazard), I (institutional), M (mercantile), S (storage) and U (utility, miscellaneous), and for all residential construction projects of Groups R-1 (hotels, motels) and R-2 (multi-family residential dwelling units). A "building" is identified by a unique street address.
It is the responsibility of the owner to obtain a certificate of occupancy for a building shell prior to any tenant occupancies. It is the responsibility of building “tenants” to file for and obtain a certificate of occupancy for individual tenant spaces prior to occupancy. For purposes of this section, the terms "tenant space," "tenant occupancy," etc., refer to all space and occupancy, whether occupied by a tenant or an owner.
1807.1 Certificate of occupancy. A certificate of occupancy (also called a Non-RUP) is required prior to initial use or occupancy, or a change in use or occupancy, of a building or tenant space. The certificate of occupancy is issued by the Building Division, Land Development Services.
A new certificate of occupancy is required for:
- A new building or tenant space
- Change of Group classification of a building or tenant space
- Increase or decrease in gross floor area of a building or tenant space
- Change in owner or tenant name or proprietorship of a building or tenant space
For a new Group R-2 building, a certificate of occupancy is not issued for the building shell upon its completion, but final inspection approvals may serve as a certificate of completion for the shell building. Individual Residential Use Permits (also called RUPs) are subsequently issued for each dwelling unit (“tenant space”) upon its final inspection approval.
In renovations of an existing building or an existing tenant space having a valid certificate of occupancy, final inspection approvals may serve as the revised certificate of occupancy, and a new certificate of occupancy is not required.
1807.2 Procedural requirements.
1807.2.1 Building core and shell completion. The following building components, fire protection systems and life safety features must be completed:
- Exit stairs
- Grade level exits, lobbies, corridors and passageways
- Required exit lights and emergency lighting
- Elevator shaft enclosures
- Elevators and elevator emergency recall system (at least one elevator must be approved and operational in high-rise buildings), or elevators will be locked out of service 77 2018-SIP
- Required fireproofing of structural members in the core and occupied areas
- Firestopping of wiring, piping and other penetrations, both vertical and horizontal, in floors, ceilings and walls
- Sprinkler systems and fire suppression systems - building core and shell (see Section 1706.3 for further information)
- Fire alarm systems - building core and shell
- Special locking devices - building core and shell
- Material storage areas complying with Section 1806.2
- Removal of combustible trash and construction debris
All sprinklers, standpipes, alarms, signaling systems and other required fire suppression or firefighting systems must be activated throughout the entire structure prior to building shell certificate of occupancy. Under no conditions may any fire suppression or firefighting system be shut off in any occupied area, unless the valve or other activation control mechanism is continuously manned, during the period the system is shut off. If this provision is deemed unworkable, any work must be done after normal business hours.
Subject to prior approval by the Fire Prevention Division and by the Critical Structures Section, a fire watch must be instituted during the time any fire suppression or firefighting system is out of service, with the number of persons required for fire watch such that the entire building, must be checked every hour, except residential buildings of Group R, educational buildings of Group E and institutional buildings of Group I must be checked every half hour. The general contractor must submit a written record of fire watch activities to the Fire Prevention Division. The general contractor must also notify the Fairfax County Emergency Operations Center when any fire suppression or firefighting system is placed out of service.
1807.2.2 Building core and shell final inspections. A certificate of occupancy for a building shell may be obtained after building core and shell final inspections are approved by the appropriate Fairfax County organizations:
- For buildings subject to special inspections, the final report of special inspections - by Critical Structures/Building Inspections Section.
- Electrical systems final - building core and shell - by Electrical Inspections Section.
- Mechanical systems final - building core and shell - by Mechanical Inspections Section.
- Plumbing systems, including cross connection, final - building core and shell - by Plumbing Inspections Section.
- Elevators final - by Mechanical Inspections Section.
- Sprinkler system and fire suppression system finals - building core and shell - by Fire Protection Systems Testing Section, Fire Prevention Division.
- Fire alarm system final - building core and shell - by Fire Protection Systems Testing Section, Fire Prevention Division.
- Special locking devices final - building core and shell - by Fire Protection Systems Testing Section, Fire Prevention Division.
- Fire lanes final - by Inspections Section, Fire Prevention Division.
- Fuel storage tanks final - by Inspections Section, Fire Prevention Division.
- Health systems final - building core and shell - by Department of Health Services (as applicable, for health spas, food establishments, medical buildings, swimming pools, commercial kitchens, etc.).
All the above final inspections are required prior to:
- Occupancy - building core and shell - by Inspections Section, Fire Prevention Division. For Groups A, E, H, I or R-1, the owner must request this inspection prior to applying for the certificate of occupancy (either before or after the building final inspection).
- Building final - building core and shell - by the Critical Structures/Building Inspections Section.
- Site work final - by Site Development and Inspection Division.
After all the above items are satisfied, application may be made for the building core and shell certificate of occupancy by submitting the building final, fire occupancy (if applicable), and site work final approvals (see Section 1707.1 above).
After occupancy:
Occupancy - building core and shell - by Inspections Section, Fire Prevention Division. For Groups B, F, M, S or U, the owner must request this inspection within five working days after the certificate of occupancy.
Occupant load postings - by the Critical Structures Section. The owner must request occupant load posting documents for common area rooms of assembly with an occupant load of 50 or more, and as otherwise required by the Virginia Construction Code.
1807.2.3 Tenant space final inspections. The certificate of occupancy for a building core and shell is required prior to a certificate of occupancy for any tenant space in a building. A certificate of occupancy for a tenant space may be obtained after tenant space final inspections are approved by the appropriate Fairfax County organizations:
- For tenant spaces subject to special inspections, the final report of special inspections - by Critical Structures/Building Inspections Section.
- Electrical systems final - tenant space - by Electrical Inspections Section.
- Mechanical systems final - tenant space - by Mechanical Inspections Section.
- Plumbing systems, including cross connections, final - tenant space - by Plumbing Inspections Section.
- Elevators final - tenant space - by Mechanical Inspections Section.
- Sprinkler system and fire suppression system finals - tenant space - by Fire Protection Systems Testing Section, Fire Prevention Division.
- Fire alarm system final - tenant space - by Fire Protection Systems Testing Section, Fire Prevention Division.
- Special locking devices final - tenant space - by Fire Protection Systems Testing Section, Fire Prevention Division.
- Health systems final - tenant space - by Department of Health Services (as applicable, for health spas, food establishments, medical buildings, swimming pools, commercial kitchens, etc.).
All the above final inspections are required prior to:
Occupancy - tenant space - by Inspections Section, Fire Prevention Division. For Groups A, E, H, I or R-1, the owner or tenant must request this inspection prior to applying for the certificate of occupancy (either before or after the building final inspection).
Building final - tenant space - by the Critical Structures Section.
After all the above items are satisfied, application may be made for the tenant space certificate of occupancy by submitting the building final, and fire occupancy (if applicable) approvals (see Section 1807.1 above).
After occupancy:
Occupancy - tenant space - by Inspections Section, Fire Prevention Division. For Groups B, F, M, S or U, the owner or tenant must request this inspection within five working days after the certificate of occupancy.
Occupant load postings - by the Critical Structures/Building Inspections Section. The owner or tenant must request occupant load posting documents for rooms of assembly with an occupant load of 50 of more, and as otherwise required by the Virginia Construction Code.