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Last modified
5/29/2014 4:35:21 PM
Creation date
7/3/2013 10:42:35 AM
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Planning Files
Planning Files - Planning File #
3708
Planning Files - Type
Zoning Text Amendment
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AD(uf WlSTRATION <br />deputy codeofficial, otherrelated technical officers, in�pectors <br />and other employees. <br />� <br />i <br />1�3.4 Liability. The code official. o�cer or employee char�ed <br />with the enforcement of this code, while acting for the jurisdic- <br />tion, shall not thereby be rendered liable personally, and is <br />hereby relieved from all personal liability for rny damage ac- <br />cruing to persons or property as a result of an act required or <br />permitted in the dischar�e of offici�il cluties. <br />Any suit instituted a�ainst any officer or employee because <br />of an act perfoizned by that officer or employee in the (awful <br />discharge af duties and under the provisions of this code shall <br />be defended by the legai representative of the.jurisdiction untii <br />the final termination of the proceedings. The code officiai or <br />any suUordivate shall not be liable for cost5 in an action, suit or <br />proceeding that is instituted in pursuance of the provisions of <br />this code; and any officer of [he department of property mainte- <br />nance inspection, actir,g in good faith and withoot malice, shall <br />be free from liability for acis perfonned under any of its provi- <br />sions or by rea5on of any act or omission in [he performance of <br />official duties in connection [herewith. <br />103.5 Fees. The fees for activities and services performed by <br />the dep�utment in carryin� out its responsibilities under Chis <br />cotle shall be as indicated in the followiug schedule. <br />[JiJFtISD[CT[ON TO INSER'f APN120YR(A7E SCHEDULE.] <br />SECTION 144 <br />DUTIES AND POWERS OF THE CODE OFFICIAL <br />1041 General. The code ofFicial shall enforce the provisions <br />of this code. <br />104.2 Rule-making authority. The code official sliall have au- <br />thority as necessary in the interest of public health, safety �nd <br />genera] welfare, ro adopt and promulgate rules and procedures; <br />to interpret and iinplement the provisions of Chis code; to secure <br />the intent thereof; and to designate requirernents applicable be- <br />cause of local climatic or other conditions. Such niles shall not <br />have the effect of waiving strucniral or fire per[ormance re- <br />quirements specifically provided for in this code, or of violat- <br />ing accepted enbineering methods involving public safety. <br />IQ4.3 Inspections. The code officitil shall make all of tlie re- <br />quired inspections, or shall accept reports of inspeciion by ap- <br />proved agencies or individuals. All reports of such inspections <br />shall be in writing and be certified by a responsible officer of <br />such approvcd agency or by the responsible individual. The <br />code official is authorized to engage such expert opinion 1s <br />deemed necessary tti report upon unusaal technical issues that <br />� arise, subject to the approval of the appointing authority. <br />� 1Q4.4 Right of e,.try. The code ofFicial is authod-ced to enter <br />the structure u� �ir.mises at reasonable times to inspect svbject <br />to constitutional restrictions on um�easo3�aUle searches and sei- <br />z.tues. If entry is refused or not obtained, the code official is au- <br />thorized to pursue recourse as provided by law. <br />1fl4.5 ldentificafion. The code official shall carry proper iden- <br />tification when inspecting stn�ctures or premises in the perfor- <br />mance of duties nnder this code. <br />104.6 Notices and arders. The code officiaL shall issue all nec- <br />essary notices or orders to ensure compliance with this code. <br />1U4.7 Department records. The code official shall keep o�- <br />cia] records of ��il business and activities of the depar-tment <br />specified in the provisions of this ccxle. Such records shall be <br />relained in the officia] records as long as the building or struc- <br />ture to which such reco�ds relate remains in existence, unless <br />otherwise provided for by other regulations. <br />104.8 Coordinafion of inspections. Whenever in the enforce- <br />ment of this code or another code or ordinance, the responsibi]- <br />ity of more than one code official of chejurisdiction is involved, <br />it shall be the duty of the code officials involved to coordinate <br />their inspections and administrative orders as fully as prac[�ca- <br />ble so that the owners and occupants of the structure shall no[be <br />subjected to visits by numezous inspectors or multiple or con- <br />flicting orders. Whenever an inspector from any agency or de- <br />partment observes an apparent or actual violation of some <br />provision of some law, ordinance or code not within the inspec- <br />tor's authority to enforce, the inspec�or shall report the tuidings <br />to the code official having juiisdiction. <br />SECTION 105 <br />APPROVAL <br />105.1 Modifications. Whenever there are practical difticulties <br />involved in carrying out the provisions of this code, the code of- <br />ficial shall have the authority to grant modifications for individ- <br />ual cases, provided the code official shali fu�s[ find that special <br />individual reason makes the strict letter of this code impractical <br />and the modification is in compliance with the intent and pur- <br />pose of this code ane3 fhat iuch modification does noi lessen <br />health, life aad fu�e safety requirements. The details of action <br />granting modilications shall be recorded and entered in the de- <br />partme�[ files. <br />105.2 Alternative materials, methods and equipmenf. The <br />provisions of tliis code are not intended co prevent the installa- <br />tion of any material or to prohibit any method of construction <br />no[ specifically prescriUed by this code, provided that any such <br />altcrnative has been approved. An alternative material or <br />method of construction shall be approved where the code offi- <br />cial tinds that the proposed design is satisfactory and complies <br />with the intent of the provisions of khis code, and that the mate- <br />rial, method or work offered is, for the purpose intended, at <br />least the equivalent of that prescribed in this code in quality, <br />svength, effectiveness, fue resistance, durability and safety. <br />105.3 ReRuired iesring. Whenever there is insufficient evi- <br />dence�of compliance with the provisions of this eode, or evi- <br />dence that a material or method does not confonn to [he <br />i•equirements of this code, or in order to substantiate claims for <br />alternative materials or methods, the code ofFcial shall have the <br />authority to require tests to be made as evidence of compliance <br />at no expense to the jnrisdiction. <br />10�3.1 Test methods. Test methods shall be as specified in <br />this code or by other recognized test standards. In the ab- <br />sence of recognized and accepted test methods, ihe code of- <br />ficial shall be permitted to approve appropriate testing <br />procedures performed by an approved agency. <br />1U5.3.2 Test reparEs_ Reports of tests shall be retained by <br />the code official for the period requued for retention of pub- <br />lic records. <br />2003 INTERNATIONAL PROPERTY MAINTENANCE CODEC� <br />-, <br />�.'t <br />i <br />; <br />; <br />�..� <br />i <br />i <br />i <br />i <br />'. f <br />:I <br /><! <br />=i <br />i� i <br />;i <br />.�!;! � <br />s; <br />A� <br />, �i <br />�` �i <br />_�� <br />
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