The office of Building Code Official is hereby created, and
the person in charge thereof shall be known as the "Building Code
Official." The Building Code Official shall be appointed by and serve
at the pleasure of Council. Council shall designate an acting Building
Code Official to serve during the temporary absence or disability
of the Building Code Official.
It shall be the duty of the Building Code Official to enforce
all laws and ordinances relating to the construction, alteration,
repair, removal and demolition of buildings and structures within
the Borough.
The Building Code Official, in the discharge of his official
duties and upon proper identification, shall have authority to enter
any building, structure or premises in the Borough at any reasonable
hour after the property owner has been given at least 24 hours' notice
in writing, which notice states the purpose of such entry, except
that, where a building permit has been issued by the Borough for the
purpose of construction, reconstruction, repair or alteration of any
building or property as required by law, the Building Code Official
shall then have the right of entry at any reasonable hour without
prior notice. However, any property owner shall have the right to
refuse entry or access to the Building Code Official into any building
or structure, under which circumstances it shall be necessary for
such Building Code Official to secure legal process, in accordance
with law, to effect the entry or access.
The Building Code Official or any other official of the Borough
acting in good faith in the discharge of his duties, under the provisions
of the Building Code and within the scope of his official duties as
an authorized official of the Borough, shall not become personally
liable to any person, absent a showing of malice on the part of such
official, for any act, omission or occurrence resulting from the discharge
by such official of the duties prescribed under this article. The
Borough shall defend any such official in any suit, proceeding, case
or action brought against such official as a result of any act, occurrence
or omission resulting from the exercise of such official's duties
under the Building Code.
Wherever the term "Building Code Official" is used in this Code
of ordinances or other ordinances of the Borough, it means the regularly
and properly appointed Building Inspector of the Borough, who shall
be the officer or other designated authority charged with the administration
and enforcement of the applicable ordinances of the Borough or his
duly authorized representative. The terms "Building Official" and
"Building Inspector" may be used interchangeably with "Building Code
Official" in the enforcement of the ordinances of the Borough.