§ 3105.11 Issuance of Certificates of Occupancy
   (a)   Procedure. Application for a Certificate of Occupancy may be made by the owner or his or her authorized representative on forms obtained from the Commissioner.
   (b)   Contents of Certificate. When a building or structure is entitled thereto, the Commissioner shall issue a Certificate of Occupancy. The Certificate shall certify compliance with OBBC and this Building Code, and the purpose for which the building or structure may be used in its several parts. The Certificate of Occupancy shall specify: the use group in accordance with the provision of OAC Chapter 4101:2-3; the type of construction as defined in OAC Chapter 4101:2-4; the maximum live load on all floors as prescribed in OAC Chapter 4101:2-9; the occupant load in the building and all parts thereof as defined in OAC Chapters 4101:2-2 and 4101:2-8; and any special stipulations and conditions of the building permit.
   (c)   Existing Premises. Upon written request from the owner of an existing building or structure, the Commissioner shall issue a Certificate of Occupancy, provided there are no violations of law or orders of the Commissioner pending, and it is established after inspection and investigation that the alleged use of the building or structure has heretofore existed. This Building Code shall not require the removal, alteration or abandonment of, or prevent the continuance of, the use and occupancy of a lawfully existing building or structure, unless such use is deemed to endanger public safety and welfare.
   (d)   Approval of Division of Fire. No Certificate of Occupancy shall be issued for any building, structure, enclosure, place or premises where combustibles, chemicals, explosives, flammables or other dangerous substances, articles, compounds or mixtures are used, stored or handled, or wherein fire alarm systems or fire extinguishing equipment is required by law, until the Fire Chief has given his or her approval in writing of the installations under his or her jurisdiction. Such approval shall be recorded on the Certificate of Occupancy.
   (e)   Approval of Equipment or Appurtenances. When separate approvals are required by OBBC and this Building Code or by other applicable laws, ordinances, rules or regulations for the installation or use of equipment or appurtenances, it shall be unlawful to use or permit the use of such equipment or appurtenances until such approvals have been given. When the use of such equipment or appurtenances is essential for the use or occupancy of the building or other structure, the Commissioner shall withhold the issuance of a Certificate of Occupancy until such approvals have been given.
   (f)   Sidewalk Repairs Required. No Certificate of Occupancy shall be issued for any building or structure or part thereof until the sidewalks abutting the premises have been inspected and the sidewalk inspector has stated in writing that said sidewalks are in compliance with specifications prescribed by the Director of Public Service pursuant to Chapter 505.
      (1)   Nothing shall prevent the Commissioner from issuing a temporary Certificate of Occupancy pursuant to Section 3105.12 in the event that weather or circumstances prevent an owner from immediately complying with this division and if the provisions of Section 3105.12 otherwise apply; provided that no such temporary Certificate of Occupancy shall be issued for sidewalk repair purposes for a period of more than six (6) months.
      (2)   In the event that an owner’s sidewalk fails to comply with the specifications prescribed by the Director of Public Service pursuant to Chapter 505, the Commissioner has refused to issue a Certificate of Occupancy with respect to the premises which said sidewalk abuts, and no appeal is pending pursuant to Section 3103.20, the Commissioner shall send the name of said owner and the address and permanent parcel number of said premises to the Director of Public Service for inclusion in the next sidewalk repair resolution to be submitted to the Council of the City pursuant to Section 164 of the Charter of the City. With respect to said premises, the Director of Public Service shall notify the Commissioner when sidewalk repairs have been completed, either by the owner or by the City, pursuant to Section 165 of the Charter of the City, and provided that all other requirements for issuance of a Certificate of Occupancy have been met, the Commissioner shall issue such a certificate.
      (3)   This division shall not apply to one (1), two (2) or three (3) family dwellings or to any building or structure with respect to which the work which is the cause of the requirement to secure a Certificate of Occupancy is estimated, on the permit application therefor, to cost less than fifteen thousand dollars ($15,000.00) or is to be performed entirely on the interior of the building or structure.
   (g)   Copies to Division of Fire. Whenever a Certificate of Occupancy is issued, a copy shall be forwarded to the Fire Chief.
   (h)   Posting of Certificates. The Certificates of Occupancy issued for buildings of residential, institutional and assembly occupancy classifications, and for other buildings when deemed necessary for control of the occupancy, shall be securely affixed in a conspicuous place in the building, where directed by the Commissioner.
(Ord. No. 1582-90. Passed 4-29-91, eff. 6-8-91)