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r . <br />�' ' - . _ . _...... _ <br />.._ _.� _ <br />��__... j�QY�IhI�TN�ITIlQl� <br />i , . <br />�. <br />�,. <br />i <br />� � <br />� <br />deputy codeofficial, othet-t,e[�ted technical officers, inspectors <br />ancl other employees. <br />103.4 Liability. The code official, officer or employee charged <br />with the enforcerr�ent of this code, while acting far the jurisclic- <br />tic�n, shall not thereby be rendered liable personally, and is <br />hereby r�lieve� from ail personal liability fqr �ny damage �tc- <br />cr�€ii�g to persons or property as a t�etiu�t of an act req�ured or <br />permitted in the discharge of official duties. <br />Any suit instituted �g:iinst any officer or employee because <br />of an ttcl performed by that officer or cmployee in the lawful <br />�!-L��irb•� nl' i lu �iti� �iJ �n:F_- re� �in�•`-: �•�s �f yll�, C4'IC Sh�il I <br />�e rl�f^r.:l�l F*}-�he I^r�lrr.�-sr;r�l--^:� r•t-h�j4*75v �non ��sil <br />the tinal terminaeiqn �f the proceedings. � ir code official or <br />��r subordinate shall not be liable forcosts in an action, suitor <br />pi:x��tl:w� that is instituted in pursuance of the pro�visiar�s of <br />this code; and any officer oF the department of property mainte- <br />nance inspection, acting in good faith and without malice, shall <br />be free from liability for acts performed u�C3er any oF iCS provi- <br />sions or by reason of any act or omission in the pert�ct�'.mance of <br />official duties in conneclion therewith. <br />103.5 Fees. The fees for activities and services pel-formed by <br />the dupartin�nt in carrying out its responsibilities under this <br />code shall be as indicated in the following schedule. <br />[.I[.JRISDICTION To INSFIZT APPROPRiA'IES('f�DULE.] <br />SECTION 104 <br />DUTIES AND POWERS OF THE CODE OFFICIAL <br />104.1 General. The code official shall enforce the provisions <br />of this code. <br />1U4.2 Ruie-making authority. "I'he coc€e official shall have at�- <br />thoa-.icy as necessary it� the interest of public health. safetv and <br />gei�era� welfare, tc� aciopt and ��w_7t�:,� rules and proeedures: <br />tointemretandtll�p�emel�ttheprpvisioa�SOf�G}tiscode: tosecure <br />the intentthereof; and lo designate reqni��enlentsapplicable be- <br />cause of local cli�natic or other conditions. Such rules shall not <br />have the effect of waiving structural or fire performance re- <br />quirements specifically provided for in this code, or of violat- <br />ing accepted engineering methods involving public safety. <br />1A4.3 Inspections. The code official shall .ma�e all of the re- <br />quired inspections, or skldil accept reports of inspection by ap- <br />proved agencies or individuals. All reports of such inspections <br />shall be in writing and be certified by a responsible off�cer of <br />such approved agency or by the responsible individual. The <br />code official is authorized to engage such expert opinion �ts <br />deemed necessary lo report upon unusual technical issues t1�a� <br />arise, subject to the approval of the appointing authority. <br />104.4 Right of entry. The code official is authorized to enter <br />the structure r_v. �_ : mi�cs at reasonable times to inspect subiect <br />��.��•��ukldu:i?`ei��l ��I•nt.�aix•�.- ��air�ik��rd�lt-��•�ir:N•s•:�n:es��i. <br />F.L'::� I I L71�T'� 3 iL�•�s�xl ir. r�d � da::r.r.��l. i hti- _rrlr nl�i��-1 is �e <br />Chorized to pursue recc�urse as provided by law. <br />1045 Identification. The code official shall c�ury proper iden- <br />ti�caEioit when inspecting structures or premises in tlle perfor- <br />mance of duties under this code. <br />�.�4.G Notices and oriiers. The code ot'�cial shall iss�Ee all nec- <br />essary notices on orders to ensure compliance with this code. <br />104.7 Department records. The code official shall keep offi- <br />cial records of all business and activities of Ch� department <br />specified in the provisions of this code. Such i-ecords shall be <br />rel�tined in the official records as L�g as the building or struc- <br />ture to �vY�ic�� such records relate remains in existence, unless <br />atE�erw'sse provided for by other regulations. <br />104.8 Coordination of inspections. Whenever in the ettf'orce- <br />r��e.nt qf this cpde or another code or ordinance. the responsibil- <br />ity af t�ore than one cocle ofticial o�F thejririsdiction is involved. <br />it shall be the dutv of the code officials involved to coordinate <br />their inspaceio�s .ipd at�m��aistraCive ot'dez's as fully as practica- <br />ble so thattheowners anc� occrtt3�t�ts of Che structure shali noc fie <br />subjected lo visits by numerous inspectors or multiple U� con- <br />flicting orders. Whenever an inspector from any agency or de- <br />partment observes an apparent or actual violation of some <br />provision� dsome law, ordinance pt cacie not withinthe inspec- <br />tor's authority to enforce, the inspector shall re�ortthefindings <br />ro the code official having j€i�isci�ction. <br />SECTION 105 <br />APPROVAL <br />105.1 Modifications. Whenever Chere are pr�icticz�] difi�iculties <br />uz•,••rt�l ,n ".^.-�^.i.t sr_I ne �.n mk.im� rif •Fis :.�n.^.. ihr rrux� �f• <br />i`. -�1 xti,i! I irit� I ne au7h:•�ly :n �nri m:•rlirr�-i�r.;��� I:'141ti''IS• <br />u�l cases, provided Ca7e code pf�tci�l shall first find that special <br />individual reasonmakes the strict letter of this coc�e i��racEical <br />and the modification is in compliance with the intent and pur- <br />pose of this code and ehac such modification does not lessen <br />health, life and fu�� safety requirements. The details of action <br />granting modifications shall be recorded and entered in tlte de- <br />partment files. <br />105.2 Alternative materials, methods a�td equipment. The <br />provisions of this code are not intended to prevent the installa- <br />tion of any material ar to prohibit any method of cpns�t'uctioz� <br />not specifically prescribed by this code, provided thatany such <br />alternative has been approved. An alternative En�terial or <br />method of cpnsfrttclion shall be approved where the code nii- <br />cial f �nl� that the proposed designis satisfacto�'v and cornolies <br />with the intent of the provisions of this code, and that the mate- <br />rial, method or wot-k offered is, for the purpose intended, at <br />least the equivalent of that prescribed in this code in quality, <br />strength, effectiveness, fu�e resista�ce, durability and safety. <br />1053 Re[�uired testing. Whenever there is insufficient evi- <br />dence �nf compliance with the provisions of this code, or evi- <br />dence that a material ar method does not conform to the <br />requirements of this code, or in order to substantiate claims for <br />altei�iative materials ar methods, the code official shallhave the <br />at�tharitv to reauire tests to be m�tde as evidence of comnliauce <br />at no expense to the jotisdiction. <br />105.3.1 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 n�ethods, the code of- <br />ficial shall be permitted to approve appropriate testing <br />procedures performed by an approved agency. <br />1(�5.3.2 Test reparts. Reports of teats shall be retained by <br />the code official for the period required for retention of pub- <br />lic records. <br />2003INTIItNATIONALPROPERTY MAINTENANCE �pa�Q <br />; <br />I <br />� <br />_ r <br />r <br />