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ADMINISTRATION 103.4 Liability.The code official,officer or employee charged 104.7 Department records.The code official shall keep offi- with the enforcement of this code,while acting for the jurisdic- cial records of all business and activities of the department tion, shall not thereby be rendered liable personally, and is specified in the provisions of this code.Such records shall be hereby relieved from all personal liability for any damage retained in the official records as long as the building or struc- accruing to persons or property as a result of an act required or ture to which such records relate remains in existence,unless permitted in the discharge of official duties. otherwise provided for by other regulations. Any suit instituted against any officer or employee because �■, of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall SECTION 105 be defended by the legal representative of the jurisdiction until APPROVAL the final termination of the proceedings. The code official or 105.1 Modifications.Whenever there are practical difficulties any subordinate shall not be liable for costs in an action,suit or involved in carrying out the provisions of this code,the code proceeding that is instituted in pursuance of the provisions of official shall have the authority to grant modifications for indi- this code;and any officer of the department of property mainte- vidual cases,provided the code official shall first find that spe- nance inspection,acting in good faith and without malice,shall cial individual reason makes the strict letter of this code be free from liability for acts performed under any of its provi- impractical and the modification is in compliance with the sions or by reason of any act or omission in the performance of intent and purpose of this code and that such modification does official duties in connection therewith. not lessen health,life and fire safety requirements.The details 103.5 Fees.The fees for activities and services performed by of action granting modifications shall be recorded and entered in the department files. the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. 105.2 Alternative materials,methods and equipment.The [JURISDICTION To INSERT APPROPRIATE SCFEDULE.] Provisions of this code are not intended to prevent the installa- tion of any material or to prohibit any method of construction not specifically prescribed by this code,provided that any such SECTION 104 alternative has been approved. An alternative material or method of construction shall be approved where the code offi- DUTIES AND POWERS OF THE CODE OFFICIAL cial finds that the proposed design is satisfactory and complies 104.1 General.The code official shall enforce the provisions with the intent of the provisions of this code,and that the mate- of this code. rial, method or work offered is, for the purpose intended, at 104.2 Rule-making authority. The code official shall have least the equivalent of that prescribed in this code in quality, 104.2as strength,effectiveness,fire resistance,durability and safety. authority necessary in the interest of public health, safety and general welfare,to adopt and promulgate rules and proce- 105.3 Required testing. Whenever there is insufficient evi- dures;to interpret and implement the provisions of this code;to dente of compliance with the provisions of this code, or evi- secure the intent thereof,and to designate requirements appli- dente that a material or method does not conform to the cable because of local climatic or other conditions.Such rules requirements of this code,or in order to substantiate claims for shall not have the effect of waiving structural or fire perfor- alternative materials or methods,the code official shall have the mance requirements specifically provided for in this code,or of authority to require tests to be made as evidence of compliance violating accepted engineering methods involving public at no expense to the jurisdiction. safety. 105.3.1 Test methods.Test methods shall be as specified in 104.3 Inspections. The code official shall make all of the this code or by other recognized test standards. In the required inspections, or shall accept reports of inspection by absence of recognized and accepted test methods,the code approved agencies or individuals. All reports of such inspec- official shall be permitted to approve appropriate testing tions shall be in writing and be certified by a responsible officer procedures performed by an approved agency. of such approved agency or by the responsible individual.The 105.3.2 Test reports. Reports of tests shall be retained by code official is authorized to engage such expert opinion as the code official for the period required for retention of pub- deemed-necessary to report upon unusual technical issues that lic records. arise,subject to the approval of the appointing authority. 105.4 Material and equipment reuse.Materials,equipment 104.4 Right of entry.The code official is authorized to enter and devices shall not be reused unless such elements are in the structure or premises at reasonable times to inspect subject good repair or have been reconditioned and tested when neces- to constitutional restrictions on unreasonable searches and sei- sary, placed in good and proper working condition and zures. If entry is-refused or not obtained, the code official is approved. authorized to pursue recourse as provided by law. 104.5 Identification.The code official shall carry proper iden- SECTION 106 tification when inspecting structures or premises in the perfor- mance of duties under this code. 106.1 Unlawful acts.It shall be unlawful for a person,firm or 104.6 Notices and orders.The code official shall issue all nec- corporation to be in conflict with or in violation of any of the essary notices or orders to ensure compliance with this code. provisions of this code. 2 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®