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Commission moves to align certificate-of-occupancy rules with Utah guidance
Summary
Springdale planning staff told the commission the state clarified that certificates of occupancy may confirm building-code compliance but should not be used to enforce land-use code; the commission recommended changes to Section 10-1-5 and added a provision allowing the community-development director to sign in the building inspector’s absence.
SPRINGDALE — The Springdale Planning Commission recommended approval April 16 of edits to the town process for issuing certificates of occupancy so local practice aligns with guidance from the State of Utah.
"The state of Utah has recently clarified that certificates of occupancy are appropriately used to ensure a building or structure compliance with building codes, but it is not appropriate to use certificates of occupancy to ensure that said building is in compliance with land use codes," Tom Kinston (staff member) told the commission during the public hearing. The proposed amendment to Section 10-1-5 removes the town’s practice of withholding certificates of occupancy for land-use noncompliance and clarifies the town will instead enforce land-use issues through the code-enforcement process.
The draft also adds a provision allowing the director of community development to sign a certificate of occupancy when the building inspector is absent and explicitly references the limited circumstances under state law when withholding a certificate for non-building-code issues is permitted. During deliberation commissioners described the change as an implementation of state direction rather than a policy shift; no public comments were recorded.
Commissioner Jennifer McCullough moved the recommendation to approve the changes to Section 10-1-5, and Terry Kruschke seconded. The recorded vote was Jennifer McCullough, aye; Terry Kruschke, aye; Tom Kinston, aye; Paul Zimmerman, aye; Rich Swanson, aye. The motion passed.
The commission’s vote was to recommend the ordinance amendment consistent with Utah State Code; the transcript records that staff will proceed with the revised language for the town’s process documents.
