Forsyth County › Unified Development Code

Chapter 7 — Permits, Certificates, Fees and Finances, Article 5 — CERTIFICATES OF OCCUPANCY

current as of 2026-04-02currency checked manuallyOfficialofficial source ↗8 sections · full chapter

§ 7-5.1

When Required.

A certificate of occupancy is required to be issued by the department in advance of the use of occupancy of:

(A)Mobile homes and manufactured homes;

(B)A building erected, altered or moved subsequent to September 24, 1973;

(C)A change of use of any building or land;

(D)Any non-conforming use that was existing on September 24, 1973, on the date of the adoption of this Code, or that is changed, extended, altered or rebuilt thereafter.

§ 7-5.2

Requirements to be Met.

A certificate of occupancy shall not be issued by the department unless all provisions of this Code and other codes made, adopted, or amended by the governing authority of the Political Subdivision of Forsyth County are complied with in the construction of a building or structure or the use of land, and all outstanding fees have been paid. Should any applicable codes not be so complied with, any certificate of occupancy issued shall be void ab initio.

§ 7-5.3

Duties of Department.

It shall be the duty of the department to ensure that the requirements of this Code and other codes as applicable are complied with prior to issuance of any certificate of occupancy.

§ 7-5.4

Time of Application and Issuance.

A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued within two (2) business days after the work has satisfactorily passed all required inspections and is in conformity with the provisions of this Code and other applicable codes.

§ 7-5.5

Denial and Notice.

If a certificate of occupancy is denied, the director shall state in writing the reasons for the denial and the applicant shall be notified of the denial.

§ 7-5.6

Furnishing of Utility Service.

The Forsyth County Water & Sewer Department, The City of Cumming, any Water and Sewerage Authority, Georgia Power Company, Sawnee Electric Membership Corporation, or any other public or quasi-public utility company, shall not provide final service (as opposed to construction or installation of service) to any building or structure unless and until a certificate of occupancy is issued by the department.

§ 7-5.7

Records.

A record of all certificates of occupancy shall be kept on file in the office of the department and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved upon adequate proof of such interest. The department may charge reasonable reproduction costs for such the reproduction and production of such records.

§ 7-5.8

Temporary Certificate of Occupancy.

Notwithstanding section 7-5.1, the Department of Building and Economic Development shall be authorized to issue a temporary certificate of occupancy (TCO) allowing limited entry and use of a non-residential building, prior to issuance of a certificate of occupancy, upon the following terms and conditions:

(A)the temporary certificate of occupancy shall only be authorized for buildings having a commercial, industrial, or office use;

(B)the temporary certificate of occupancy shall only be issued for buildings that have passed all Building and Economic Development Department inspections and Fire Department inspections;

(C)in addition to the limitation in 7-5.8(B), to qualify for a temporary certificate of occupancy, no fire or life safety issues shall be present on the building site;

(D)the temporary certificate of occupancy shall only allow entry into a building for the purposes of training bona fide employees, stocking shelves of non-perishable inventory, the moving in of non-perishable inventory, and/or the moving in of equipment;

(E)in no case shall the public be allowed to occupy prior to issuance of the certificate of occupancy by the Department of Building and Economic Development;

(F)the temporary certificate of occupancy shall expire in thirty (30) days following issuance, but may be renewed for two (2), thirty (30) day extensions upon application to the Department of Building and Economic Development. The Department of Building and Economic Development maintains authority over the temporary certificate of occupancy and conditions may be attached to the approval;

(G)any outstanding county fees must be paid prior to issuance of the temporary certificate of occupancy;

(H)upon expiration of the temporary certificate of occupancy, if a certificate of occupancy has not been issued as contemplated in section 7-5.1, no further entry shall be allowed;

(I)during the term of any temporary certificate of occupancy, county staff shall be authorized to enter the property and building to confirm that only those uses in section 7-5.8(D) are occurring. If uses other than those in section 7-5.8(D) are observed or any life safety issues are identified, the temporary certificate of occupancy may be immediately revoked; and,

(J)the Department of Building and Economic Development shall prepare an application form and fee consistent with these terms and conditions, which shall also include requirements for the applicant to indemnify and hold the county harmless during the term of any temporary certificate of occupancy.

ARTICLE VI, STANDARDS FOR PERMITS AND CERTIFICATES: