City staff stiffens up on occupancy permits

Sean C. Morgan

Of The New Era

Owners of business property in Sweet Home started receiving letters last week warning them that they need to get occupancy permits when the use or tenancy of their property changes.

The letters seemed to indicate that all 286 property owners were required to call City Hall and request an inspection and a certificate of occupancy but that’s not the case, according to Community Development Director Carol Lewis.

She said the only ones who need to call are those who have a new tenant or a change of use on the property.

The city has only just started requiring properties to have certificates of occupancy this year, Lewis said. The certificate is a requirement of state building codes.

“It’s been in place for a long time and not been implemented by our inspectors,” Lewis said.

Greg Lewellyn, the city’s inspector since summer 2006, started enforcing it earlier this year.

Among early businesses to have to get a certificate of occupancy were Zendi Silvermoon’s Heritage Metaphysical Shop and Donald Schneider’s Onyx Room, a nonprofit use of a community arts center, located at 12th and Main.

Believing that they were facing persecution stemming from a couple of local churches over their alternative Christianity, Silvermoon said she and her family were leaving Sweet Home to walk across the country on a “peace march.” They left at the end of July.

At the same time, the city also was requiring the same steps from a couple of other local businesses, Lewis said. She said one had a heater that lacked a shut-off valve and was sitting near flammable objects, and that building has four apartments above the shop, where residents would have no way of knowing about the fire hazard.

The point of the certificate of occupancy and the inspection that goes with it is to make sure structures meet fire, life and safety regulations, she said. The inspector watches for things like doors swinging inward, the location of heaters and other hazards.

“It’s typically implemented by the business license process,” Lewis said. “That is leading us to a conversation about a business license.”

At this point, discussions about business licenses have been at the staff level, and there has been no direction to take it to the council level, she said.

Instead, the city sent the notices to property owners to alert them about the process.

In the process, the business or property owner contacts City Hall and requests a fire, life and safety inspection, Lewis said. Lewellyn completes the inspection at a rate of $50 per hour, with a half-hour minimum.

If changes are required, the property owner may need to get a building permit and make changes, Lewis said. The city reviews the plans and then issues a permit. When the work is complete, the city inspects it. If it meets code, the city will issue a certificate of occupancy.

The only required inspections are when a property gets a new tenant or the use of the property changes, such as going from retail to office use, Lewis said. Property owners may call and go through the process at any time if they choose. For example, a property owner who might be planning to sell may call for an inspection ahead of time to get a property ready for use by a potential buyer.

If a property changes use, the inspection process may kick in Americans with Disabilities Act requirements, Lewis said.

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