Town staff to revise occupancy rules after state limits; commission debates enforcement tools

Springdale planning staff told the Planning Commission on March 5 that a recent state clarification limits a municipality’s ability to withhold a certificate of occupancy (CO) for land-use items unrelated to life-safety, prompting proposed changes to local code that would restrict CO issuance to life-safety compliance.

Tom Kinston, the town building inspector, presented the item and explained that state law narrows the CO to building- and life-safety issues and that the town should update Title 10 (land use) language to reflect that limit. He described two code sections affected: one in the building code (chapter 9) and one in the land-use code (Title 10). The proposed revision would make the certificate of occupancy issuance contingent on compliance with applicable life-safety codes and would make the building inspector — rather than the director of community development — the signatory on the CO, subject to an authorization provision for temporary absence.

Commissioners asked how the town could ensure non-life-safety land-use requirements (landscaping, exterior colors, screening, lighting, public infrastructure) are completed if staff can no longer withhold a CO. Tom described existing tools: code enforcement, civil citations and financial assurance for public improvements. He noted that state statute 10-9A-509(J) (as cited in the meeting) includes exceptions under which a municipality may withhold a CO — for example, when required public landscaping or infrastructure improvements that will become public are not completed or financially secured.

Commissioner Paul Zimerman suggested adding explicit language in the local code reiterating the state exceptions (for unfinished curb, gutter or sidewalk) so the town could withhold a CO in those limited circumstances. Commissioners also discussed a practical process improvement: issuing a CO while providing the homeowner with a written list of outstanding land-use compliance items so property owners understand outstanding requirements and can seek remedies.

Staff noted the change does not remove the town’s ability to do code enforcement; it shifts the final-compliance pathway from CO withholding to enforcement after occupancy. Tom said staff would revise the title-10 draft to (1) make CO issuance contingent on life-safety compliance, (2) allow the building inspector or director of community development as authorized by the building inspector to sign COs, and (3) add language reflecting the state-allowed withholding for unfinished public infrastructure. The commission will review the revised draft at a public hearing before forwarding a recommendation to the town council.