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iC^ i _ _ _ <br />ADMINISTRATION <br />deputy code off7cial, other related Cechnical officers, inspectoi;s <br />at�d other employees. <br />� <br />143.4 Liability. The code oi�icial, officer or employee char�ed <br />with the enfrn-cement of this cocle, while acting for the jurisdic- <br />tion, shall not thereby be rendered liable personally, and is <br />hereby relieved from all personal liability For �:ny damage ac- <br />cruing to persons or property as a result of an act required or <br />permitted in the dischar�e of official duties. <br />Any suit instituted a�ainst ��ny officer or employee because <br />of an act perfoizned by that officer or employee in the lawful <br />discharge of duties and u�tder the provisions of this code shall <br />be defended by the le�al representative of the.jurisdiction unUl <br />the tinal termination of the proceedings. The code official or <br />any suUorduiate shall not be liable for costs in an actio�, suit or <br />proceeding that is instituted in pursuance of the provisions of <br />this code; and any officer of the depai•tment of property mainte- <br />nance inspection, acting in good faith and withoat malice, shail <br />be free from liability for acts perfonned under any of its provi- <br />sions or by reason of any act or omission in the perFor.mance of <br />official duties in connection therewith. <br />103.5 Fees. The fees for activities and services performed by <br />the department in carrying out its responsibilities under chis <br />code shall be as indicated in the following schedule. <br />[JCJItISD[CTION TO INSERT APNROYRIATE SCHEDULE.] <br />SECTION 10a <br />DUTIES AND POWERS OF THE CODE OFFICIAL <br />104.1 General. The code officia] shall enforce the provisions <br />of this code. <br />104.2 Rule-making authority. The code officiaf sl�all have au- <br />thority as necessary i» the interest of public health, safety and <br />genera] welfare, to adopt and promulgate rules and procedures; <br />to interpret and implement the provisions of lhis code; to secure <br />the intent thereof; and to desi�nate requirements applicable be- <br />ca�ise of local climatic or other condiCions. Such rules shall not <br />have the effect of wai�ing structural ar fire per[ormance re- <br />quirements specifically provicled for in this code, or of violat- <br />ing accepted engineering methods vlvolving public safety. <br />104.3 Inspections. The code official shall make al] of the re- <br />quired inspections, oi- shall accept reports of inspection by ap- <br />proved agencies or individuals. All reports of such inspections <br />shal] 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 as <br />deemed necessary to report upon unusual technical issues that <br />�.� arise, subject to the approval of the appointing authority. <br />� <br />104.4 Right ot� ei:try. The code official is authorized to enter <br />the structure v� �r,mises at reasonable times to inspect subject <br />to cons[itutional restrictions on unreasonai�le searches and sei- <br />ztu•es. If entry is refused or not obtained, the code official is au- <br />thorized to pursue recourse as provided by law. <br />^ 104.5 Identification. The code ofC cial shall carry proper iden- <br />tification when inspecting structures or premises in the perfor- <br />mance of duties under this code. <br />104.6 Notices and orders. The code official shall issue all nec- <br />essary notices or orders to ensure compliance with this code. <br />104.7 Department records. The code of-t7cial shall keep offi- <br />cial records of all business and activities of the department <br />specified in the provisions of this code. Such records shall be <br />relained in the officia] records as long as the building or slruc- <br />ture to which such records relate r•emains in existence, unless <br />otherwise grovided for by otller regulatio�s. <br />104.8 Coordination of inspections. Whenever in the enforce- <br />mcnt of this code or another code or ordinance, the responsibil- <br />ity of moi•e than one code official of cheji�risdictioit is involved, <br />it shall be the duty of the code officials involved to coordinate <br />their inspections �ind administrative orders as fully as practica- <br />ble so that the owners and occupants of the structure shall notbe <br />subjected to visits by numerous 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 inspector shall report the tindings <br />to the code official having jurisdicrion. <br />SEC-iION 105 <br />APPROVAL <br />105.2 Modifications. Whenever there <tre practical difticulties <br />involved in carrying out the provisions of this code, the code of- <br />flcial shall have the authority to grant moditications for individ- <br />�al cases, provided the code official shall first find that specia] <br />individual reason makes the strict letterofthiscode impractical <br />and the moclification is in compliance with the intent and pur- <br />pose of this code anei tt��,� such modification does not Iessen <br />health, life and fue safety requirements. The details of action <br />granting modilications sh�ill be recorded and entered iu the de- <br />partment files. <br />105.2 AlternaYive materials, methods and equipmenf. The <br />provisions of this code are not intended to prevent the installa- <br />tion of any material or to prohibit any method of consLruction <br />not specitically prescribed by this code, provided that any such <br />alternative has been approved. An alternative material or <br />method of construction shal] be approved where the code offi- <br />cia] tinds that the proposed design is satisfactory and complies <br />with the intent of the provisions of this 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 />1053 Required testing. Whenever there is insufficient evi- <br />dence of compliance with the provisions of this code, or evi- <br />dence that a material or method does not confonn to the <br />requirements of this code, or in order to substantiate claims for <br />alternative materials or methods, the code official shal( have the <br />authority to require tests to be made as evidence of compliance <br />at no expense to the j uiisdiction. <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 recobnized and accepted test methods, the code of- <br />ficiaf shall be permitced to approve appropriate testing <br />procedures performed by an approved agency. <br />11?5.3.2 Test reports. Reports of tests shall be retained by <br />the code oificial for the period required for retention of pub- <br />lic records. <br />2003 INTERNATlONAL PROPERTY MAINTENANCE CODE� <br />