Section 28-118.3.4.1. Application for certificate of occupancy

Upon
  application by the owner of such a building or  open  lot  in  existence
  prior  to January 1, 1938, the commissioner shall issue a certificate of
  occupancy for such building, provided that at the time of  issuing  such
  certificate,   such   existing   building  is  in  compliance  with  all
  retroactive requirements of the 1968 building code  applicable  to  such
  building  and  no  notices  of  violation  or  other  notices  or orders
  affecting the building as they relate to the provisions of this code  or
  the  1968  building code are pending before the department, and provided
  further that it is established to the satisfaction of the  commissioner,
  after inspection and investigation, that the alleged use of the building
  has heretofore legally existed.