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ADMINISTRATION :I1I3A Liability. The cOlk official. officer or employee eharged 104.7 Department rel:Ords. The code official shall keep otli- . with the enforcement of this code. while acting for the jurisdic- cial records of all business and activities of the department til'll, shall not thereby be rendered liable personally. and is spel'ified in the provisions of this code. Such records shall be hereby relien:d 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 all act required or ture to which such records relate relJlains in existenct? unless permilled in the discharge of official dUlit~s. otherwise provided for by other regulations_ Any suit instituted agaillst any officer or employee because - of an act perfortned by that officer or employee in the lawful SECTION 105 discharge of duties and under the PHlvisions of this code shall APPROVAL be dctended hy the legal representative of the jurisdiction until the final termination of lhe proceedings_ The code official llr 105.ll\1odilications. Whellever therc are practical difficulties any subordinate shall not be liablc for costs in an action. suit (Ir involved in carrying uutthe provisions of this code. the code proceeding that is instituted ill pursuance of the provisions of official shall have the authority to grantl1lodifieations for indi- this code: and any otlicer of the departmellt of property mainte- vidual cases. provided the code ortieial shall first find Ihat spe- nance inspection. acting in gOlld faith and without maliec. shall cial individual reason lJlakcs the strict letter of this code he free from liability for acls performed under any of its prm'i- impractical and the modification is in compliance with the ~ions or by reason of any act or omission in the performance of illtent and purpose of this code and that such modification does official duties in connection therewith. not Jessen health. life and firc safety requirements_ The details HI3.5 Fl'l~S. The fees for activities and services performed by of action granting modifications shall be recorded and entered the departmellt in carrying out its responsibilities under this in the department files_ Cllde shall he as indicated ill the following schedule_ 105.2 Alternative materials, methods and eCJuipment. The IJL'RISDICTlON '10 IJ\SF.RT AI'PROI'RIATI' SCIIEDUI.F_'i provisions of this code arc not intended to prevent the installa- tion of any material or to prohihit any method of construction not specifically prescribed by this code, providedlhat any such SECTION 104 alternative has been approved. An alternative material or method of construction shall be appnlved where the cock ofli- DUTIES AND POWERS OF THE CODE OFFICIAL cial finds that the proposed design is satisfactory and complies 1114.1 General. The code official shall cnforce the provisions with the illtent of the provisions of this code. and thatlhe mate- . of this wde. rial, method or work offered is, for the purposc intended. at least the equivalent of that prescribed in this code in quality. 104.2 Rule-making authorit~'. The code official shall have strength, effectiveness. fire resistancc, durability and safety. aUlhority as nccessary ill the interest of public health. safety 105.3 RelJuired testing. WheneVC'r there is insufficient evi- and general wt'~lfarl~_. to adopl and pn.lIllUI['ah' rule.s and PrlX,'- elures: to interpret and implement the provisions lIfthis l'oeil': to dence of compliance with the provisions of this code. or evi- sccure the intent thereof: and to designate requirements appli- dence thaI a material or method does not conform to the cable because llf local climatic or lither conditions. Such rules requiremcnts of this code. or in order to substantiate claims for shall not havc the effect llf waiving structural or fire perfor- alternative materials or methods. the code official shall have the mance requiremcllts specifically provided for in this code, or of authority to require tests to he made as evidence of compliance violating accepted engineering methods involving public at no expense to the jurisdiction. safety_ I OS.3.1 Test methods. Test methods shall be as speei fied ill 1Il4.J Inspcdions. Thl' ('Ode official shall make all of the this code or by (lther recognized test standards_ In the rl~quired in.spectillns, lIr shall aCl'ept rept1rts of inspection by absence of recognized and accepted test methods. the code official shall be permitted to approve appropriate testing approved agencil's or individuals, All reports of such inspec- prllcedures performed by an approved agency_ tions shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The 105.3.2 Test reports. RcpoI1s of tests shall be retained by code official is authorized to engagc such expert opinion as the code official for the period required for retelltion of pub- deemed necessary to report upon unusual technical issues that lie reeords. arise. subjel.tto the appmval (If the appointing authority. HlSA l\1aterial and equipment reuse. l\1alerials, equipment 1O.f.4 Right of entry. The code official is authorized to enter and devict?s shall not be reused unJes~ such e Jements are in the structure or premises at reasonable times to inspect subject good repair pr have been reconditioned and tested when neces- 10 ellllstitulional restrictions on unreasonable searehes and sei- sary, placed in good and propcr working condition and zures_ If entry is refused or not obtained. the code llfticial is approved. authorized In pursue recourse as pro\'ided by law. .104.5 Idcntilkation. The code orficial shall carry prpper iden- SECTION 106 tifieation when inspecling structures or premises in the pcrfor- VIOLATIONS mance of duties ullder this code. . 11I6..1 IJnlawful acts. It shall be unlawful for a perSc1n, firm or J 04.6 Notkes and orders. The code ollicial shall issue all nel'- corporation to bl: in l'llllllict with or in \iolatilll.lof any of the cssary rllJtices or orders 10 en.sure compliance with this code_ provisions or this code. 2 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@