§ 30-36. Certificate of compliance before change of occupancy.

(a)

Certificate of compliance required. Except as otherwise provided in this section, whenever there is a proposed change of occupancy of any building or part thereof, other than a single-family residence, such change of occupancy shall not be made unless a certificate of compliance has been issued by the fire marshal, dated not earlier than six months prior to the change of occupancy.

(b)

Requirements. The fire marshal shall issue a certificate of compliance after an inspection of the building discloses that the premises are in compliance with the provisions of the city's fire prevention code applicable to the proposed use of the premises.

(c)

Noncompliance. If the inspection discloses noncompliance with any of the provisions of the city's fire prevention code applicable to the proposed use of the premises, the fire marshal shall issue a noncompliance notice setting forth the areas of noncompliance. When a subsequent inspection discloses compliance, the fire marshal shall issue a certificate of compliance.

(d)

Nonliability of city. The issuance of a certificate of compliance shall not constitute a warranty by the city or the fire marshal that the premises are in compliance with the city's fire prevention code, and neither the city nor the fire marshal shall have liability to any person arising out of the issuance of a certificate of compliance.

(e)

Fee. A fee of $25.00 shall be paid to the city for each inspection required prior to the issuance of a certificate of compliance, and the fee shall be paid at the time of application for the inspection.

(f)

Appeal. Any owner, occupant or proposed occupant aggrieved by the issuance of a noncompliance notice may appeal to the city council by filing a notice of appeal with the city secretary. The city secretary shall give such person notice in writing of the time and place that the city council will hear such appeal. The decision of the city council shall be final.

(g)

Penalty for violation of section. Any person who shall violate any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined as provided in section 1-8.

(Code 1977, § 7-29)