CC WORKSESSION 05312007 - Laserfiche WebLink

Home Browse Search

ADMINISTRATION deputy code official, other related technical officers, inspectors y and other employees. 103.4 Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdic- tion, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage ac- cruing to persons or property as a result of an act required or permitted in the discharge of official duties. 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 be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property mainte- nance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provi- sions or by reason of any act or omission in the performance of official duties in connection therewith. 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. The code official shall enforce the provisions of this code. 104.2 Rule- making authority. The code official shall have au- thority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable be- cause of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance re- quirements specifically provided for in this code, or of violat- ing accepted engineering methods involving public safety. 1043 Inspections. The code official shall make all of the re- quired inspections, or shall accept reports of inspection by ap- proved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.4 Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and sei- zures. If entry is refused or not obtained, the code official is au- thorized to pursue recourse as provided by law. 104.5 Identification. The code official shall carry proper ideh- tification when inspecting structures-or premises in the perfor- mance of duties under this code. 104.6 Notices and orders. The code official shall issue all nec- essary notices or orders to ensure compliance with this code. 104.7 Department records. The code official shall keep offi- cial records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or struc- ture to which such records relate remains in existence, unless otherwise provided for by other regulations. 104.8 Coordination of inspections. Whenever in the enforce- ment of this code or another code or ordinance, the responsibil- ity of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practica- ble so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or con- flicting orders. Whenever an inspector from any agency or de- partment observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspec- tor's authority to enforce, the inspector shall report the findings to the code official having jurisdiction. SECTION 105 APPROVAL 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code of- ficial shall have the authority to grant modifications for individ- ual cases, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and pur- pose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the de- partment files. 105.2 Alternative materials, methods and equipment. The 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 alterative has been approved. An alternative material or method of construction shall be approved where the code offi- cial finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the mate- rial, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 105.3 Required testing. Whenever there is insufficient evi- dence of compliance with the provisions of this code, or evi- dence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. 105.3.1 Test methods. Test methods shall be as specified in Us code or by other recognized test standards. In the ab- sence of recognized and accepted test methods, the code of- ficial shall be permitted to approve appropriate testing procedures performed by an approved agency. 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of pub- lic records. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 57