§ 54-51. Life safety certificate of occupancy requirement.

(a)

This Code section shall apply to the state minimum fire safety standards enforced by the fire marshal's office. This Code section shall not apply to separate certificate of occupancy requirements enforced by the building department.

(b)

Every building, structure, or tenant space shall have a certificate of occupancy issued by the Cobb County Fire Marshal's Office before such building, structure, or tenant space may be occupied. Such certificates of occupancy shall state the occupant load for such business establishment or building, and shall be posted in a prominent location within such business establishment or building.

Exception 1: One-family and two-family dwellings, one-family and two-family row houses (townhouses) separated by a two-hour fire wall and two-family townhouses separated by a two-hour fire wall.

Exception 2: Residences providing in-home day care (if five or less clients/attendees) and businesses not open to the public located in one-family and two-family dwellings.

(c)

Such certificates of occupancy shall run for the life of the building, structure or tenant space, except where there is a change in the classification of occupancy, substantial renovation, reconstruction due to fire or other hazard of serious consequence, renovation or addition.

(d)

Change in the classification of occupancy includes changes that place the building, structure, or tenant space in a different subclassification of the same group or occupancy, or in a different group of occupancies.

(e)

Where there has been any change in the classification of occupancy, substantial renovation or reconstruction due to fire or other hazard of serious consequence, the building or structures therein, shall be constructed to meet requirements for new construction of the code edition adopted at the time plans are approved for the change of occupancy, substantial renovation or reconstruction due to a fire or other hazard of serious consequence.

(f)

Where there has been any renovation or addition, the area included in the renovation or addition shall be constructed to meet requirements for new construction of the code edition adopted at the time plans are approved for the renovation or addition. For the purposes of this section, the area included in the renovation or addition shall be limited to such area as clearly outlined on the construction plans/permit documents.

(g)

Except in assembly, storage and industrial occupancies, where there has been no change in the classification of occupancy, substantial renovation, reconstruction due to fire or other hazard of serious consequence, renovation or addition but merely a change in owner or a change in business name, and a valid certificate of occupancy has previously been issued for the building, structure, or tenant space, a "Notice of Information Change Form" shall be completed by the new owner and/or occupant and submitted to the Cobb County Fire Marshal's Office. A new certificate of occupancy will not be issued if the building, structure or tenant space is located in unincorporated Cobb County or the City of Acworth. A new certificate of occupancy will be issued if the building, structure or tenant space is located in the city limits of Kennesaw or Powder Springs.

(h)

Business owners subleasing a portion of any space with a valid certificate of occupancy shall complete a "Notice of Information Change Form" and submit to the Cobb County Fire Marshal's Office. A new certificate of occupancy will not be issued if the building, structure or tenant space is located in unincorporated Cobb County or the City of Acworth. A new certificate of occupancy will be issued if the tenant space is located in the city limits of Kennesaw or Powder Springs.

(i)

For the purposes of this Code section, substantial renovation means any construction project involving exits or internal features of such building, or any structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation.

(j)

For purposes of this Code section, renovation means any construction project that involves removing and/or adding walls/doors/windows, any electrical or plumbing work requiring a permit or work involving structural components.

(k)

Construction, reconstruction, substantial renovation, renovation, or addition shall be prohibited without plans approved by the fire marshal's office prior to any work being performed.

(Amd. of 2-23-10; Ord. of 7-27-10; Amd. of 2-23-16; Amd. of 5-23-17)