What’s A CCO?
Disclaimer: This is general information/knowledge that I have obtained through my role as a Realtor assisting my clients with COs/CCOs/ Temp CCOs in Bergen County. The requirements for each town should always be verified by the proper officials in said town. This post serves as a general guide but is not offering legal advice or dictating code. I do not accept responsibility and/or liability for any advice followed.
CO VS CCO
When a new resident is moving into a home (new owner or tenant) the previous owner/landlord needs to obtain a Certificate of Occupancy (CO). If the home is currently being occupied (as opposed to new construction) they get a Continued Certificate of Occupancy (CCO). Many times Realtors, lawyers, and town officials will use the two terms interchangeably.
PURPOSE OF A CO/CCO
The goal of a CO/CCO is to make sure that the house is safe for the new owner or tenant to live in. In theory, (and there are exceptions) the town should be making sure that the property passes a fire inspection, meets building codes, that all work done on the property was permitted, and that said permits have been properly closed out.
However, this is not always the case.
LACK OF CONSISTENCY
Obtaining a CO/CCO is the most inconsistent aspect of real estate. For nearly everything else in the industry, there are state and federal regulations we adhere to, therefore, how we conduct business from town to town or county to county is identical. However, when it comes to the CO/CCO it is the town that decides what and how they would like to inspect, what they require, how much they charge, and what the time frame is. As a result, these factors vary greatly.
Unfortunately, the only way to know what is required by each local government is to inquire with the municipality and to have experience obtaining a CO/CCO in that town. Even having experience is not a perfect solution since the towns can change their requirements at any time.
2022 FIRE INSPECTION CO/CCO ITEMS
To my knowledge, every town in Bergen County requires a property to pass a fire inspection in order to obtain a CO/CCO.
Note: while the overwhelming majority of municipalities also require this for rentals, not all do.
During the inspection, the town is typically looking for the following at a minimum:
Smoke detectors that are less than 10 years old and have a SEALED 10-year battery on each floor. (Some towns allow hardwired systems.)
Smoke detectors should be on the ceiling or on the wall no more than 12 inches from the ceiling (town can specify preference)
In a large house, there needs to be a smoke detector within 10 feet from each bedroom door
Carbon Monoxide Detectors that are less than 5 years old on every level of the home (town can dictate mounting height)
A 2A-10BC fire extinguisher weighing no more than 10 pounds MOUNTED in the kitchen (cannot be mounted in a cabinet).
Means of egress* for all bedrooms
The absence of other fire hazards
2022 Egress Window Qualifications:
The minimum size of their clear opening is 20 inches wide by 24 inches high.
The minimum net clear opening size is 5.7 square feet or 5 square feet for ground floor windows.
Egress window sills can be a maximum of 44 inches above the floor; however, their target height is 42 inches above the floor.
BUILDING INSPECTION
Many, but not all, towns also do a building inspection. Sometimes the CO/CCO inspections are done by the same official, other times it is done by two separate officials (building code and fire prevention). Every town VARIES GREATLY when it comes to what they are looking for so I cannot give a list.
As a general rule, the building inspector is checking to ensure the property is safe, that previous construction was properly permitted, and that all permits have been closed out. In my experience, the two issues that cause people to fail CO/CCO building inspections are:
Handrails: Handrails are needed for steps with more than 4 risers. Handrails must be to code (Section 5:10-7.7).
Walking Surfaces: walking surfaces cannot be a tripping hazard. This includes sidewalks. Sellers can be denied a CO/CCO for unsafe surfaces including sidewalks that have been damaged or displaced (typically because of trees). In these cases, the area had to be replaced before the CO/CCO is issued.
PERMITS
As previously stated, many towns look to make sure all work has been permitted and said permits have been closed out. However, that is not always the case. Buyers should not assume that because the seller got a CO/CCO that everything is in order with the building department.
As mentioned in my OPRA blog, I once saw a town issue a CCO to seller A. Buyer A/Seller B moved in and did not do any work on the house requiring a permit. Two years later when Seller B went to get a CCO the town made him pay and close out permits that were 3-15 years old. To prevent this from happening, I always suggest my clients (or their attorney) pull an OPRA report on the property they are purchasing.
TEMP CCOS
A CO/CCO/Temp CCO is required for closing. When purchasing a property that is uninhabitable, the town will issue a temporary CCO without making you get the property up to code. They are essentially saying that the property cannot be occupied until the new owner brings the property up to code and passes a new CCO inspection.
TIMING & PRICING
Since the municipalities dictate the timing and price, COs/CCOs can vary from $75 to over $250. The town also schedules the inspections and some towns require a minimum amount of notice. (If you do not have a CO/CCO you cannot close on a property). It is important to plan in advance.
In some towns, such as Garfield, the fee is tied to how far in advance you do the inspection. The closer to the closing date, the more expensive the fee.
MANY, MANY EXCEPTIONS
Some towns have a one-page CO/CCO application. I got a CCO in a town where the application was 7 pages long and needed to be notarized in 4 different places.
Some notable differences I found in towns include:
Tenafly only does a fire inspection
The inspector in some Northern Valley towns stands on the front of the stove to see if it will tip. If it does, he requires the stove to be secured to the wall before issuing the CO/CCO.
Ridgefield checks to make sure the taxes are paid in full before issuing a CO/CCO
Getting a Temp CCO in Cliffside Park doesn’t require an inspection
Fairview does not do Temp CCOs
Carlstadt does not do CCOs for rentals
In Dumont, THE BUYER must sign (and have notarized) a section stating that they will not use the basement as a bedroom even if there are sufficient means of egress
Helping My Clients
I want the sale process to be as easy as possible and understand that getting a CO/CCO can be challenging. As a seller’s agent with my standard listing package, I include the preparation of the home to pass a fire inspection as well as submitting (and paying for) the paperwork with the town. I, or one of my associates, will also sit for the inspections needed to obtain a CO/CCO/ Temp CCO.