(a) Before any person or entity may occupy, maintain or use any existing structure, such person or entity must make application to the Martinsburg Planning Department. Thereafter, the Martinsburg Fire Department will inspect such structure and determine whether such structure is in compliance with the City Fire Prevention Code. If such structure meets the standards of the Fire Prevention Code, the Fire Department will then issue an occupancy permit to the owner or user of such premises, and such permit shall be issued directly to such owner or user. Nonetheless, such owner or user shall also obtain an occupancy permit from the City Planning Department. The occupancy permit from the City Planning Department shall state whether such structure is within compliance of the BOCA Code. Further, the Planning Department permit shall state whether the existing structure has met the standards as required on the electrical wiring in such premises. An electrical wiring inspection shall be done should the inspector for the Fire Department indicate that such inspection should be completed on an existing structure.
Should the structure be a newly constructed building, and the owner has requested the occupancy permit from the Fire Department and the Planning Department, the owner of said newly constructed building shall be responsible for obtaining an inspection to be completed by an electrical inspector and have such inspection report submitted to the Planning Department prior to an occupancy permit being issued by the Planning Department.
(b) Should any person or entity desire to challenge the requirements of the Fire Department and/or the Planning Department concerning the issuance of an occupancy permit, such person or entity may appeal the decision of the Fire Department and/or Planning Department to the Code Appeals Board. Such person or entity shall pay one hundred dollars ($100.00) to the City to have such appeal processed to the Code Appeals Board. Such one hundred dollar ($100.00) fee shall be required whether the person is appealing a Fire Department requirement or a Planning Department requirement, or whether such person or entity is appealing both the requirements of the Fire Department and the Planning Department, and only a total of one hundred dollars ($100.00) shall be required to be paid to the City in order for the appeal to be filed.
(Ord. 95-27. Passed 8-10-95.)