(A) Permit required.
(1) No new, remodeled or moved building or structure shall be occupied until a permit for the occupancy has been issued by the Building Commissioner or his or her designee as hereinafter provided.
(2) No builder, developer, carpenter, contractor or other tradesman shall deliver possession of a new, remodeled or moved building or structure to the proposed occupants of the building or structure until an occupancy permit has been issued by the Building Commissioner or his or her designee.
(B) Facilities required for occupancy permit. Unless authorized by the City Council and except as may be otherwise provided in an applicable S.1.A., annexation agreement or permit agreement, no occupancy permit for any new, remodeled or relocated building or structure, including, but not limited to, a residential, commercial and office buildings and structures shall be issued unless:
(1) All plumbing and electric wiring has been completely installed for permanent service; water supply service presently exists through a permanent connection with the city’s water supply system in accordance with this code; and sanitary sewer service presently exists through a permanent connection with the city’s sanitary sewage disposal system in accordance with this code; and
(2) All improvements required by this code have been installed and accepted by the City Council; provided, however, that required street improvements may be in the process of installation if the building or structure to be occupied is directly adjacent to and accessible from a hard surface roadway of sufficient width, strength and composition to permit reasonably unimpaired access by authorized emergency, utility service, snow removal and waste removal vehicles in all weather conditions.
(C) Compliance with engineering plans. “As-built” drawings and engineer’s and land surveyor’s statements required: Not less than five days prior to the filing of the application required by the applicant shall file with the Building Commissioner “as-built” drawings for all structures, which drawings shall include:
(1) Drawing, Type 2 lots. For Type 2 lots, as defined in this section, in addition to the registered professional engineer shall also submit a written drawing or sketch prepared by or under his or her direction which shall have denoted thereon:
(a) The location of the principal structures located on the site;
(b) The grade elevations designed for the site as shown on the final approved engineering plans; and
(c) The measured field elevations which demonstrate that the site, as finally graded, is in substantial conformance with the final approved engineering plans.
(2) Optional Type 2 lot certificate. The applicant may obtain a final occupancy certificate pursuant to the terms of this division by filing with the Building Commissioner not less than five days prior to the filing of the application:
(a) “As built” drawings;
(b) Statements from a registered professional engineer; and
(c) A Type 2 lot certificate signed and sealed by both a registered professional engineer and a registered professional land surveyor.
(3) Topographical survey, Type 1 lots. For Type 1 lots, as defined in this section, in addition to the “as built” drawings and the statements required by the registered professional engineer shall also submit a topographical survey of the construction site, as finally graded which demonstrates that the site, as finally graded, is in substantial conformance with the final approved engineering plans by having denoted thereon:
(a) The location of the principal structures located on the site; and
(b) The grade elevations designed for the site as shown on the final approved engineering plans.
(4) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
TYPE 1 LOTS. Any lot which is adjacent to a flood route or a drainage swale, which transports water runoff to or from a detention facility, which drains from the rear of the lot to the front of the lot, which is adjacent to a storm water facility, floodplain or floodway, or which is determined by the City Engineer to present a substantial likelihood of flooding, erosion or damage to other property in the vicinity if not graded in accordance with generally accepted engineering principles.
TYPE 2 LOTS. Any lot other than a Type 1 lot.
(5) Proof of compliance. No occupancy permit shall be issued for any structure unless the survey or statement required shows full compliance with the intent of the final engineering plans approved for the construction site. The applicant shall be responsible for procuring and paying for any required topographical survey and professional registered engineer’s statement.
(D) Temporary occupancy; merchandising/ employee training.
(1) A temporary occupancy permit may be issued in accordance with the provisions of this division for the specific purposes of allowing proposed occupants to stock shelves, train employees and move in furniture needed to conduct business. The temporary permit shall under no circumstances be construed to allow occupancy of the structure by the general public.
(2) A temporary occupancy permit for merchandising or training may be issued by the Building Commissioner or his or her designee only after approval of the appropriate fire/life safety requirements, including, without limitation, sprinkler systems, alarm systems, and exit requirements, and the Chief Building Official has determined that any non-fire/life safety deficiencies remaining with the structure can be corrected within 15 days of the date of issuance of this permit.
(3) A temporary occupancy permit for merchandising or training shall be valid for a period not to exceed 15 days, at which time the applicant must either obtain a final occupancy permit or immediately cease any activities within the building conducted pursuant to the permit. The permit can be renewed for one additional period of 15 days, if the Building Commissioner or his or her designee agrees that weather or other uncontrollable circumstances prohibited the completion of the remaining deficiencies.
(Ord. 2008-02-0158O, passed 3-11-2008; Am. Ord. 2011-02-0329O, passed 2-22-2011)