Certificates of Use and Converting Use Building Permits: A Brief Overview
This page clarifies the process to obtain a Certificate of Use from the City of Jacksonville’s Building Inspection Department. This narrative will help save you time, money, and frustration.
Applicants should understand this important concept first: Fire and building codes were not written with “one-size fits all” health and safety requirements. Therefore, just because a particular business used the space before your proposed use with approved zoning does not mean your business use of a space or building will fulfill code compliance. Your space or building may require updates. These updates may require hiring a design professional (architect or engineer) and contractors to bring the space into code compliance for your use.
What is a Certificate of Use?
A Certificate of Use, often referred to as a COU, is a Zoning certificate that confirms the space the business occupies complies with three items:
- Municipal Zoning ordinances
- Florida Building Code, and
- Florida Fire Prevention Code.
For in-depth details on the Certificate of Use, refer to the City of Jacksonville’s Municipal Code Chapter 656 Subpart E.
Zoning
Zoning approval is usually straight forward: Is the proposed use compatible with the Zoning of the property? Some common issues that can make Zoning approval more complicated include meeting the required parking for the proposed use, alcohol sales, or even outside dining. Be sure to disclose the full scope of your proposed use when discussing these items with the Zoning team. You do not want to find out a week before you hope to open that you need to rezone your parking lot (a process that can take five months or more).
For more information regarding Zoning requirements, contact the Zoning team at: zoning@coj.net or 904-255-8300.
Occupancy Classification
Before the Florida Fire Prevention Code and the Florida Building Code can define the requirements to maintain the minimum health and safety standards for your space or building, the State of Florida requires that you first define your Occupancy Classification.
This is determined by your proposed use. For example, a restaurant is typically an Assembly occupancy classification; a car repair shop a Storage occupancy classification. Occupancy Classifications are even divided into groups to further define the health and safety requirements depending on the use of the space.
The occupancy classification is so important and determines many less obvious requirements. Best advice: hire a Florida licensed design professional to navigate through the application process.
If your proposed use for a space or building matches the last certified occupancy classification group for the space (“certified” meaning all proper permits were pulled to ensure code compliance for that use), then the verification of compliance with the Florida Fire Prevention Code and Florida Building Code for your COU is simple. The Building Inspections Division can simply verify compliance with records in its system.
Often the proposed use will not match the last certified use. At this point, the application process becomes more complicated. Because the fire and building code have different requirements for the various occupancy classifications and groups within those occupancy classifications, a converting use building permit will be required to be obtained and finalized prior to the approval of the Certificate of Use.
Converting Use Building Permits
A Converting Use Building Permit documents and certifies the Change of Use for the space/building. This process is separate from the Certificate of Use application.
Florida law requires you hire a Florida licensed design professional to prepare permit documents, such as a set of plans, which detail your use of the space/building and then demonstrate how it complies with the health and safety requirements of Florida’s fire and building codes. These are state – not local – requirements.
Even if the space/building does not need upgrade work to convert the use to a new Occupancy Classification or even to a different group within an Occupancy Classification, Florida statutes require a Converting Use Building Permit. However, in many cases, you may need to update the space or building. If the building/space needs upgrade work, then you will need to hire a Florida licensed contractor to perform this work, per state law. This work may include items such as adding a non-structural wall, updating air conditioning systems for ventilation, adding drinking fountains or mop sinks, or even adding new exit lighting. All this upgrade work requires a contractor.
Why Do I Need Drawings and a Design Professional If I Am Not Doing Any Work?
This question is oft-asked, especially when a new tenant/owner does not anticipate any update work.
When the scope of work includes a “change of use” – either in part or in whole – Chapter 10 of the Florida Building Code, Existing Building includes MEP requirements for a change of use. You must demonstrate compliance with these requirements in the permit documents.
Evaluating a Space/Building Before You Sign a Lease
As a new business owner, you have already done your research to include all the costs to open your business. Do not neglect to count the cost of what it may take to bring a space/building up to the minimum health and safety standards the state requires for your business.
Take steps to consult with a licensed design professional, contractor, or even a company that specializes in obtaining Certificates of Use before you sign a lease on that dream space. You can potentially save yourself from renting a bag full of problems.
These professionals specialize in understanding the building and fire codes and can help you translate your goals, dreams, and budget into the permits and documents required to navigate the Certificate of Use process. As with hiring any professional, always talk to multiple firms, check references (and prices), and take any other steps necessary to ensure the person you are hiring is the best fit for you and your business.
Small Business Help
The City of Jacksonville understands that small business is critical to health and success of any community. To that end, the City hosts a webpage providing information to those opening a small business in Jacksonville. You can find that page here: https://www.jacksonville.gov/smallbusinesshelp.
At this webpage, you can also find information on how to attend a Small Business Help session, where we will bring together City staff from Zoning, the Fire Marshal’s office, and the Building Inspection Division to answer your questions about the Certificate of Use process and whether you will need to also obtain a Converting Use Building Permit.
How to Obtain a Certificate of Use
» COU-Application.pdf
Step 1
The first step for any business that seeks to occupy a building or space is to apply for a Certificate of Use (COU).
A Certificate of Use is a Zoning requirement consisting of a three-tier review process that requires approval from three of the following agencies: Zoning, Building Inspections, and the Fire Marshal’s Office. Per Section 656.151(a) of the Jacksonville Ordinance Code, “any new multi-family residence or new business, or any changes in; use, expansion of square footage occupied, or the inclusion of additional uses after May 29, 2006, will require a Certificate of Use.”
Additionally, a change in name or ownership that occurs with alterations or changes to the use of the property will require a Certificate of Use review. In the case of a business change or a change in ownership, the Certificate of Use shall be filed to reflect the new name of the business or change in ownership.
An individual seeking to obtain a Certificate of Use must complete both pages of the PDF application (see link above). Submit the completed application via e-mail attachment to zoning@coj.net or hand-deliver or mail it to the Zoning section in the Ed Ball Building at 214 Hogan St. N. 2nd Floor, Jacksonville, FL 32202.
The Zoning section will process the application and issue an invoice to be paid prior to a full review of the application. The invoice can be paid in person at the Tax Collector office on the 2nd Floor of the Ed Ball Building or by mailing a check along with the invoice to the Tax Collector at 231 Forsyth St., Room 212, Jacksonville, FL 32202.
Next, the Zoning Section will assign an application number. For all follow-up correspondence, be sure to include the application number for reference. Since the Certificate of Use requires a three-tier review process, the Zoning Section accounts for only one-third of the approval required for a business owner to obtain a COU. The remaining approvals must be obtained from the Building Inspections Division and the Fire Prevention Division.
Step 2
After the application receives Zoning approval, the property owner must submit a Building Permit application for the proposed use of the space/building.
Submit architectural drawings with a permit application to the Building Inspections Division for review and approval. The intended use of the space/building must meet the minimum occupancy requirements outlined in the Florida Building Code and the Fire Prevention Code.
Architectural Plans
You must employ a Florida licensed design professional to produce digitally signed, sealed scaled drawings to confirm that the space/building is either in compliance with the building and fire codes, or proposed work required in the building/space to comply with these codes. The drawings and building permit application must be electronically submitted to the Building Inspection Division by a licensed contractor, a design professional, a private provider plan reviewer or a permit expediter. This process is required whether structural alterations occur within the space.
Design Professionals
The City of Jacksonville offers a feature for customers seeking an architect and/or engineer. However, neither the City of Jacksonville nor its employees may recommend designers or contractors. The page linked below is not based on any recommendation by the City of Jacksonville or any of its employees. The designers on this list have expressed a willingness to accept future clients with their design needs by registering to be on the list. However, inclusion on this list is not an indication of the quality or ability of the designer outside of state licensure. As with hiring any professional, it is advised that you ask for references and/or examples of their work before agreeing to a contract with any designer/contractor.
https://www.jacksonville.gov/departments/planning-and-development/building-inspection-division/design-professionals
Building Permits for Certificates of Use
Building Permits need to be submitted through our electronic submittal process, by a contractor or design professional. Find review the Electronic Plan Submission Instructions.
COU "No Work" Building Permits for Business Owners
If the space or building does not require work to be performed (Building, Plumbing, Mechanical, Electrical or Fire), then a design professional can submit the drawings electronically to the Building Inspection Division.
The other option is to make an appointment and bring two sets of original signed and sealed drawings to the Building Inspection Division, located at 214 North Hogan St., 2nd floor. To make an appointment, call Tony Fields at (904) 255-8211. Appointments can be made for business days between the hours of 9 am and 3 pm. Do not arrive more than five minutes before your appointment time. The Building Inspections Division allows the tenant to act as an agent for the owner – with a letter (signed and notarized) by the owner or a copy of your lease if it contains language giving you (the tenant) permission to perform pull permits. Currently, the review time is 25 to 30 business days for COU “No Work” Building Permits.
What to Expect After You Submit The Application
The City of Jacksonville conducts a dual-goal review process – one inspection for Florida Building Code and another for Florida Fire Prevention Code. City inspectors will review evidence in JAXEPICS to establish that the space or building complies with proposed use. In some instances, the City of Jacksonville will defer to State of Florida inspectors. For example, a permit application for a daycare facility will most likely require an inspection from the Florida Department of Children and Families. If the space or building was legally permitted for the same proposed use as the previous use, then the Building Inspection Division will approve the COU. The only action required based on the same proposed use will be approval by the Fire Marshall. Turnaround time depends on several factors, including whether the new prospective tenant has taken occupancy of the facility, cosmetic work like painting and flooring (which does not require a permit), and whether a state agency needs to inspect the space or building.