The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
(1983 Code, sec. 6-22; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
It shall be unlawful for a general contractor, subcontractor, owner or builder to perform, or to allow or permit to be performed, any electrical, plumbing or mechanical work, on a project permitted by him or otherwise within his control, by any person not in possession of the required license, or in violation of the provisions of any licensing law of the state or the City of Lubbock, where such laws require licensing and are applicable to the work in question.
(1983 Code, sec. 6-38; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure, system or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions herein, or any rules established by the building official for the administration of this code. It shall also be unlawful for any person, firm or corporation to fail to abide by a lawful order or directive given by the building official for purposes of securing the intent of this code.
(1983 Code, sec. 6-80AA; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, movement, removal or demolition of any building or system regulated by this code, or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(1983 Code, sec. 6-80BB; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Additionally, the building official may file, or cause to be filed, a criminal complaint in municipal court for any violation of this code.
(1983 Code, sec. 6-80CC; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building, structure or regulated system in violation of the approved construction documents or a directive of the building official, or of a permit or certificate issued under the provisions of this code, shall, upon conviction, be subject to a fine, and each day that such violation is allowed to exist shall constitute a separate offense.
(1983 Code, sec. 6-80DD; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
Where the building official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the building official is authorized to issue a stop work order.
(1983 Code, sec. 6-80EE; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work is authorized to resume.
(1983 Code, sec. 6-80FF; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
(1983 Code, sec. 6-80GG; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.
(Ordinance 2024-O0034 adopted 3/26/2024)
The department of building safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implantation, administration and enforcement of the provisions of this code.
(1983 Code, sec. 6-12; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official shall be appointed by the chief appointing authority of the jurisdiction.
(1983 Code, sec. 6-13; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official.
(1983 Code, sec. 6-14; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. The building official shall have authority as necessary in the interest of public health, safety and general welfare to adopt and promulgate rules and regulations to interpret and implement the provisions of this code to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering practice involving public safety.
(1983 Code, sec. 6-15; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
(1983 Code, sec. 6-16; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official shall issue all necessary notices or orders to ensure compliance with this code.
(1983 Code, sec. 6-17; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority.
(1983 Code, sec. 6-18; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(1983 Code, sec. 6-19; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code.
(1983 Code, sec. 6-20; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
(1983 Code, sec. 6-21; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official shall have the authority to authorize immediate disconnection of temporary utility service to a building, structure or system regulated by this code. The building official shall have the authority to authorize disconnection of permanent utility service in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner or the owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. The placement of a door hanger shall be considered sufficient notification to the owner or the owner's authorized agent and occupant. If not notified prior to disconnecting, the owner or the owner's authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. It shall be unlawful for any person or utility company to refuse an order of the building official to disconnect a utility, source of energy, fuel or power to any building or system in accordance with this section.
(1983 Code, sec. 6-80U; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.
(1983 Code, sec. 6-25; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2007-O0024, sec. 1, adopted 3/22/2007; Ordinance 2024-O0034 adopted 3/26/2024)