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2006_0123_Packet
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2006_0123_Packet
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:� � <br />�: . <br />�'�,-• •. <br />� ... .. <br />�-. � <br />� <br />�:�w�iNls�r�aTi�� <br />,�ieputy codeofficial, qtherrelated Ceeh�iical officers, in4pectois <br />and other employees. <br />J,;y3.4 Liability. The code oitacial, officer or empinyee charged <br />with the enforcementof this code, while acting for the jurisdac- <br />tion, shall nor thereby be a�endered liable personally, and is <br />hereby relieved from r]I personal liability for nny damage ac- <br />cruing to persons or property as a result of an act required or <br />�aer€nitted in tltc discharge of official duties. <br />Any suit instituted agf�intit any officer or employee because <br />of an act pei'fa�7ne�l hy that officer or empIoyee in the lawful <br />discttarge of duties and und�r the provisions of this cnde shall <br />be defended by the legal representative of tlie.jurisdiction until <br />the tinal termination of the proceedings. The code officia� or <br />aay subordinate shall not be liable for co�ts iv an action, stiit or <br />proceeding that is instituted in pursuance of I�i� provisions of <br />this code; and any officer of the department of property mainte- <br />nance inspection, acting in good faith and W i[hottt malice, shall <br />be free from liability for acts }� i: ��rn�r.•1 untlel-anv of its F�'ovi- <br />s�ons or by reason of any act or omission in the �ert�c7r.mance of <br />official duties in connecYipn therewith. <br />103.5 Fees. The fees for activities and services �e1t'ot�ned bv <br />the department in carrying out its respansibiiities under this <br />code shall be as indicated in the following scllec�ule, <br />�:i•,.•xi�i• •i� �� i� � •k-rrci -.w�• �r�:nir�-'�r-��•i - I <br />SECTION 104 <br />DUTIES AND POWERS O F THE CODE OFFICIAL <br />1041 General. The code official shall enforce tha provisions <br />of this code. <br />104.2 Rule-making aufhoi'ity. The ct�de official shall have au- <br />Choi�ry as necessary in kL,t� interest of public health, safety and <br />general welfat�e, to adopt and promulgate rules and procedures; <br />to inter�t�et aad a�n�lement the provisions of thi S code; to secure <br />the intent thereof, and to designate requirements applicable be- <br />cause of local climatic or other condi�ons. Such rules sl�all not <br />have the e��e�:t of waiving structural or fire performance re- <br />rn�irements speci�cally provided for in this code, or of v�4��C- <br />it�g accepted engineering methods involving public safety. <br />104.3 inspections. The code official shall make a�i of the re- <br />quired inspections. or shall accept reports of inspection by <tp- <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 approved agency or hy the responsible individual. The <br />code q�zcza� is authorized to engage SUCI� expert opinion as <br />dceinetl necessary to report upon itT�uStiat technical issues that <br />�` d�'i5e, subject to the approval Of the appointing authority. <br />� 104.4 Rigl►t of �i�,t�•y. The code official is authorized to enter <br />I the structure o� �i:it� at reasonable tini�s to inspect subject <br />� to constitutional restrictions on t�nreasot�a�3e searches and sei- <br />� z�u'es. If entry is �e�useci or not obtained, the code officitsl is az�- <br />� Lhorized to pursue recourse as provided by law. <br />�-- <br />104.5 Identification. The code official shall carry proper iden- <br />tifica[i�t� when inspecting skructt�zes or premises in the pet�for- <br />mance of duties under this code. <br />104.G Notices and orders. T'�e code o�cial shall issue all nec- <br />essary notices c�r orders to ensure compliance wilfi this code. <br />104.7 De�ai•tment records. The code official shall keep offi- <br />cial records of ��I� business and activities of the department <br />specified in the provisions of this cc�cie, Such records shall be <br />retained in the c�t��c:i��l records ;rs long as the building or sl�uc- <br />ture to which such records relate remains in existence. unle55 <br />otherwise provided for by other regulations. <br />104.8 Coordination of inspections. Whenever m the el�f4rc�- <br />nicnt of thi S c�yde or another code or ordinance. the responsibil- <br />ity of more c11an qale cndC. ol�cial ofthejurisdiction isinvolved. <br />it shtttl be the duty of the code officials involved to coordinate <br />their inspections and aclmii�istr�tive orders as fully as practica- <br />ble so that che owners andoccupanisof thestructure shall nokbe <br />subjected to visits by numerous inspectors or multiple or con- <br />flictin� orders. Whenever an ins�ector from any :�rarX or de- <br />partinent observs;s an apparent ar actiial violation of some <br />provision o� Some law, ordinance or code not within tl�e inspec- <br />tor's authority to enforce, the inspector shall report the tzndings <br />to the code officia[ having juris�ictioi�. <br />SECTION 105 <br />APPROVAL <br />1051 Modifications. Whenever l�e�-c are practical difficulties <br />involved i n carryine out the provisioi}s of this code. the code of- <br />r':-I =tial:r���rh� �•.�n�-j�-r.r�f•l ��f1�7 �•_?-� =1��f3f!�71�'I•7- <br />��l�Wl�s. TT+ti ��:7 ": : ti� �S •�•:CLI^C �h^II f[f�� l°��� Tll�� i�5"'� ��I <br />individual reason makes the strict letter of ihis cUde impractical <br />and the modification i s in compliance with the intent and pur- <br />pose of khzs code and ti�iai such modification does ulaL lessen <br />health, life and �o� safety requirements. The details of action <br />granting �uodii'ieaCions shall be recorded and entered inthe de- <br />partment files. <br />105.2 Alternative materials, methods azxd equipment. The <br />provisions of this code are not intended to prevent the installa- <br />tion of any material or to prohibit any method of construction <br />not specifically prescribed by this cnde, provided that any such <br />alt�rttaEive. has been ���prav�d. An alternative material or <br />method of construction shall be approved where the code offi- <br />cial finds that the proposed design is satisFaclory and complies <br />with the intent of the provisions of this code, <tnd lhaL the mate- <br />rial, method or work offered is, for the purpose intended, at <br />least the equivalent of that prescribed '.� this code in quality, <br />strength, effectiveness, faare resistance, durability and safety. <br />105.3 Required testing. Whenever there is insufficient evi- <br />denceof compliance with the provisions of this code, or evi- <br />dence that a material or method does not conform to the <br />requirements of this code, or in order to substantiate claims for <br />altet7�ative mat'erials or methods, Cl�e code off�icial shallhave the <br />authority to require tests to be made as evidence of compliance <br />at no expense to the jurisdiction. <br />10�.3.� Test methods. Test methods shall be as specified in <br />this code or by other recognized tesi standards. hi the ab- <br />sence of recognized and accepted test methods, the code of- <br />ficial shall be permitted to approve appropriate testing <br />procedures performed by �1] approved agency. <br />��5.3.2 Test reports. Reports of tests shall be rrtained by <br />th e CUde official for the period required Fflr retention of pub- <br />lic records. <br />20031NTERNATIONAL PROPERTY MAINTENANCE CObEQ <br />� <br />_� <br />-i <br />� <br />-� <br />� <br />�- — <br />.,r. �� <br />::� � <br />. <br />
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