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ADMINISTRATION 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 accruing 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 SECTION 105 the final termination of the proceedings. lye code official or 105.1 Modifications. WhenevRerOthAere 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 instimted in pursuance of the provisions of official shall have the authori ty to grant modifications for indi- thiscode; and any officer of the department ofproperty mainte- vidual cases, provided the code official shall first find that spe- nanceinspection, acting in good faith and wititout 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 fn compliance with the sions or by reason of any act or omtission in the performance of intent and purpose of this code and that such modification does official duties in connection therewith, 103.5 Fees. The fees for activities and services performed by not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered the department in carrying out its responsibilities under this 1° the department ides. code shall be as indicated in the following schedule. 105.2 Alternative materials, methods and equipment. The [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] provisions of this code are not intended to prevent the in tion of any material or to prohibit stalla- any method of construction not specifically prescribed by this code, provided that any such alternative 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 ormethods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. 1053.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code Official 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. 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- re to which such records relate remains in existence, unl tu ess otherwise provided for by other regulations. SECTION 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 authority as necessary in the interest of public health, safety dues; to interprewelfare, d mplementtheprov ions Ofthisc code; secure the intent thereof; and to designate requirements appli- cable because of local climatic or other conditions. Such rules shall not have the effect of waiving stractural or fire perfor- mancerequirements specifically provided for in this code, or of violating accepted engineering methods involving public safety. 104.3 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspec- tions 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 authorized to pursue recourse as provided by law. 104.5 Identification. The code official shall carry proper iden- 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. 105.4 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when neces- sary, placed in good and proper working condition and approved. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, turn or corporation to be in conflict with or in violation of any of the provisions of this code. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE®