Certificate of Occupancy

Today, we will dive into the need-to-knows of charter operations. This tip revolves around the discussion of a certificate of occupancy. Do those words sound familiar? Yes, to most of us they do. All businesses across the United States must have a certificate of occupancy issued before a business can open, and charter schools are no different.

First let’s get the definition of what a certificate of occupancy is so we can get a better idea of what we are talking about. A certificate of occupancy is a document issued by a local government agency or building department certifying a building’s compliance with applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy.

A certificate of occupancy helps address the following:

1. What the structure is used for
2. That the structure is suitable for occupancy
3. That the structure complies with all building codes

So, we’ve addressed what the document is and its purpose, but now let’s discuss what you need to know. The most common questions we get are “How do I know when I need a certificate of occupancy?” and “When do I need to get a new one?” These are great questions. Here are the answers:

1. New construction
2. Property conversion
3. Change of Ownership
4. Major Construction

So, this applies when a charter school leases a new facility to them, does major construction, purchases a new building or builds one.

*Please note: It’s important to check with your local municipality because each has different requirements. It’s also important to check with the Texas Education Agency on this, as well.

If your charter school will be undergoing major construction or will be moving buildings and you know you will need a new certificate of occupancy what steps need to happen in order to obtain one? Well, a certificate of occupancy can be obtained through the local government usually in the town or county’s building department. The request has to be made before the actual work is done. And then, the certificate won’t be issued until the work is actually done and inspections are passed.

Once you obtain a certificate of occupancy, that’s all you need to do, right? Not exactly. You also must submit a copy to the Texas Education Agency — and do so before serving students. Note the Commissioner’s Rules about this below:

A charter school “facility,” as used in this subchapter, means a building located on the same contiguous land as the campus with which it is associated or within one mile of the campus. The facility and its associated address must be approved for instructional use through the submission of a certificate of occupancy (COO) to the commissioner prior to serving students in said facility.

With that said, how do you submit a certificate of occupancy to the Texas Education Agency? You can do so by emailing the charter school division at charteramendments@tea.texas.gov or CharterSchools@tea.texas.gov to request a reply that your certificate submission was received.

Helpful links:

Commissioner’s Rules
http://ritter.tea.state.tx.us/rules/tac/chapter100/ch100aa.pdf

Still have questions about the process?

Charter School Success is here to help. You can email Jordan Elliott at JElliott@CharterSchoolSuccess.com.