Certificate of occupancy

[Liz Scheier]

Hi all, 

I'm hoping to get your advice on obtaining our certificate of occupancy on our basement ADU. 

When the covid lockdown started, we had already passed our three-year anniversary of signing with our contractor. Constant delays, issues with their architect, etc. stretched out the project much longer than we had anticipated. 

The work itself has now been done for more than six months, but the contractor (who I'm now calling several times a week to try to push things along) has not been able to obtain the certificate of occupancy, which is the last item in our contract. According to him, he can't get anyone from DCRA on the phone or to answer an email to schedule the final inspection. It's possible that this is true, but given the long history here, I'm beginning to wonder if it would be best for me to try and get this resolved myself. 

Does anyone have experience with coo's, and can give me advice on what steps we can take to finally get the last paperwork in place?

Thanks so much in advance,

Liz Scheier

[jay fazio]

Liz,

You likely don't need a CofO for your basement unit. I went through this same problem with our house in R-1-B zone.

In the eyes of the city, your property is still a single family residence (with an ADU). Only multi-family properties require a CofO for each unit.

Try emailing Ramon Washington at DCRA. He confirmed this for me when we finished our detached ADU.

Ramon Washington | Zoning Technician, Office of the Zoning Administrator
Department of Consumer and Regulatory Affairs
ramon.wa...@dc.gov| 1100 4th St SW, DC 20024
main: 202.442.4576**|** desk: 202.442.4674

Jay Fazio

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[Liz Scheier]

Thank you, Jay - I very much appreciate this.

[Jim P]

Thanks for the insight.  Does this mean ADUs (say for a backyard free standing unit) only need individual inspections for plumbing and electrical and ?? - but not an overall inspection?  Given all the horror stories from the past, it's a bit scary investing a bunch of money and ...

 

Thanks,

Jim

On Sun, Jun 21, 2020 at 2:59 PM jay fazio <jfazi...@gmail.com> wrote:

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[Jim P]

I'm debating creating a 2 story backyard ADU, vs taking advantage of my rowhouse being zoned for one additional story

Have people shared what their actual total costs wer for a 2 story, 250sf free-standing backyard ADU?

Jim

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[Jim P]

Thanks to those who support this great forum.

Has anyone had a good experience with a contractor who built on/on top of their row house roof?  I heard a rumor that a contractor built something up there for under $100k. I'm zoned for an additional story, and contemplating getting extra income - perhaps for a top story bedroom suite (with internal stairs - and without a stove - so I don't have to deal with it as a second unit)

Thanks,

Jim

On Sun, Jun 21, 2020 at 3:55 PM Liz Scheier <liz.s...@gmail.com> wrote:

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[Cheryl Cort]

We are making some progress on improving the homeowner's experience. We are about to release a comprehensive manual on zoning, permitting and contracting for building ADUs/second dwellings in DC. This should be a good reference for everyone. Also, here is some additional good things going on:

 

1. The building permit process has improved dramatically -- down to 21 days for most applications (quality applications are sailing through).
2. We have some helpful tips on understanding the difference between R zone and RF zone lots. 
3. We will host a webinar on 6/25 with architect Ileana Schinder on design, but you can ask about her experience with permitting, and on July 9th, 4-5pm, we will host a webinar with DCRA's Manager for the Residential Center, Mike Brown, who has created the new streamlined permitting process. You can ask him your questions. (We'll send an announcement soon)
4. Below is more clarification around R vs. RF zones

R zones: Single-family zones (R or Residential zones) now permit one accessory unit as a matter-of-right (meaning no special permissions are needed to build). Common zones include R-1, R-2, and R-3. A number of other R zones also exist, but were largely created from former zoning overlays that folded into new R zones in 2016. The R-19 and R-20 zones in Georgetown are the exception, requiring a special exception from the DC Board of Zoning Adjustment to build an accessory apartment in these areas. Note that R zones such as R-3 include rowhouses. (Check zoning for your address at: http://maps.dcoz.dc.gov/)

R zone accessory apartment rental licenses: Once an accessory apartment obtains a building permit, is constructed, and completes inspections, the unit can be leased. Because the accessory apartment is considered a secondary use in a one-family zone, a Certificate of Occupancy (C of O) is not required for either unit. To rent one of the units, the owner is required to obtain a one-family Residential Rental Business License from DCRA (U-253.13).   

RF zones: Moderate density rowhouse zones (RF or Residential Flat), which are typically one or two-unit rowhouses, and RA or Residential Apartment (mix of rowhouses and small apartments) now allow an accessory building, such as a carriage house or garage, to be a principal dwelling. RF zones allow two to four units per lot depending on the specific zone. However, the accessory building has to be existing and cannot be expanded without a special exception. To build a new accessory unit in a new building, the law restricts its use as a dwelling for five years. (DC Zoning Regulations of 2016, Subtitle U-301.1(e))

RF zone 2nd unit rental licenses: Once a building permit is obtained for the second unit, is constructed, and completes inspections, the unit will be ready to be rented by the owner. By adding the second unit, the homeowner  will need to obtain a Certificate of Occupancy (C of O). Certificates of Occupancy are not required for a single family dwelling, but once a second dwelling is added to the RF-zoned property, it will be considered a two-family use. The next step for the homeowner is to apply for and receive a Certificate of Occupancy, thus allowing her or him to obtain a two-family Residential Rental Business License from DCRA and rent the unit.

Obtaining the Rental License for Your Rental Unit

Before deciding how to manage the rental property, there is one more step following completing construction and the final inspection for the new accessory apartment and that is to obtain the appropriate rental license. The information below outlines the steps required for obtaining a  Basic Business License (BBL) from DCRA for a One-Family License in a R zone; and a Two-Family License for  leasing an apartment in a RF or RA zone:

The following steps are required to obtain a Basic Business License (BBL) for  a One-Family Rental License (for accessory apartments in the R zone):

• Register with the Office of Tax and Revenue by submitting the FR-500

• Once the Notice of Business Tax Registration from the Office of Tax and Revenue is received apply for the Basic Business License (BBL)

• Apply for the Basic Business License (BBL) online at mybusiness.dc.gov. The $198.00 fee includes a BBL Self-Certification form confirming that the property is code complaint

• Once the payment is made and accepted, download a copy of the Basic Business License (BBL)

• Next go to the Department of Housing and Community Development (DHCD) Rental Accommodations Division to get the Rental Accommodations (RAD) Registration Form date-stamped, and to request copies of the Housing Provider Disclosure Form, the DHCD pamphlet “What the owner/landlord needs to know about rent control,” and the DC Tenant Bill of Rights form

• Within 45 days of obtaining the license, the homeowner must schedule and complete all housing inspections or reinspections with DCRA.

For a Two-Family Rental License (for RF and RA zone lots), in addition to the steps above, the homeowner will need to obtain a Certificate of Occupancy. The Certificate of Occupancy is required if a second unit is built on the RF or RA-zoned property because the use has changed from a one-family to a two-family use. View DCRA’s webpage, Certificate of Occupancy Application and Review Process for more information. Note that as of February 26, 2020, DCRA will no longer accept in-person Certificate of Occupancy applications.

_____________________________ Cheryl Cort | Policy Director Coalition for Smarter Growth 316 F Street NE | Suite 200 | Washington, DC 20002 (direct/mobile) 202-251-7516 (e) che...@smartergrowth.net | www.smartergrowth.net  Twitter @betterDCregion | @cherylcort Your gift helps keep CSG's advocacy going! Donate today!

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[Ileana Schinder]

Hi Jim,

From an architecture perspective, you'll end up with 2 totally different projects. If you were my client I would ask first "what is your priority?", the potential answers are

• Increased area for my own home
• Maximized income from a rental
• Balanced use of interior and exterior use
• Flexible long term use for me and my family
• Etc

This is not an either/or question but a matter of prioritizing what you want and need in the short and long term. That discussion will inform you which way to build. Remember, form follows function... but function ALWAYS follows life decision.

All the best,

ileana

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ileana schinder, Architect

AIA, LEED AP BD+C

i...@ileanaschinder.com
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http://www.ileanaschinder.com

[Jim P]

Hello everyone.  Enjoyed the forum last night, thanks.

I have two questions re an alley-facing 450sf footprint ADU, 2 stories – in RF-1. Anybody know:

1)      Can there be a deck covering part of the rooftop, (which would need either some kind of pickets or a short solid wall on 4 sides for fall protection)? 

2)      The 2^nd story needs to be a max of 450sf too, but does it need to be directly above the first story? Might be wise to have 2^nd story cantilevered maybe 8’ over the parking space area, protecting/shading the vehicle – and enabling an 8’ porch at opposite end (on top of the first floor, so porch wouldn’t extend into the backyard space, wouldn’t make the backyard feel smaller)   

Thanks

Jim Presant,  Petworth

On Sun, Jun 21, 2020 at 11:35 AM Liz Scheier <liz.s...@gmail.com> wrote:

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[Emily Bacher [rmc|dg]]

Good Morning Jim,

In response to your questions -

1) roof decks are not permitted on top of accessory buildings without a special exception from the board of zoning adjustment

2) The short answer is no. The 450 sf limit you’re talking about is for what the zoning code calls lot coverage, not the square footage of each floor. Imagine looking down on the building and drawing an outline around everything you see - that’s the square footage they’re talking about. So a 450 sf first floor with a cantilevered 450 sf 2nd floor would result in an overall lot occupancy greater than 450 sf which is not allowed without a special exception

It seems like you’ve got a larger problem, which is that ADUs are not currently permitted in the RF-1 zone. I believe you would need to get a special exception for a second principal dwelling unit in an accessory building to make this happen.

Hope this helps,

Emily Bacher, AIA

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From: ad...@googlegroups.com <ad...@googlegroups.com> on behalf of Jim P <jim...@gmail.com>
Sent: Saturday, June 27, 2020 10:32:17 AM
To: Liz Scheier <liz.s...@gmail.com>
Cc: DC Accessory Apartments Forum <ad...@googlegroups.com>
Subject: Re: [DC Accessory Apartments Forum] Certificate of occupancy

 

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